Capital One PPI Debacle - Can we complain ?

[Molliesmummy]

I wonder if I could ask for some help please?

Around a month ago I joined the boards asking for some help claiming back PPI

I was advised to write to my old accounts issuing to them a SAR.

Both myself and my husband did this.

 

One of his past CC accounts was with Capital One

they had a SAR sent them them.

 

Myself and my husband have been together 22 years and during that time have shared 3 homes together so all our previous addresses were listed.

 

Two days ago to my home address of 13 years a letter arrived in the name of my brother in his fully name but to my address.

Mr brother lives 35 miles away and has never lived with us.

I would also like to make you aware that my Brother is sadly terminally ill with a brain tumour with just a couple of months to live.

 

I do not drive

yesterday went with my parents in my Dads car to visit my Brother taking along this letter.

 

As you can imagine my Brother is very unwell and having daily Chemo and other treatments to try to give him more time.

He opened the envelope and started to cry seeing that it was from a Credit Card company.

 

As a family we have slowly began to wind up my Brother affairs and my BrotherS memory is in no way accurate now.

He got really worked up saying that he has never had a Capital One credit card and he owes no money.

This got him in a very bad state.

He many times questioned himself and had he forgot that he did hold such a card.

 

I asked to read the letter and it clearly states my Brothers FULL Christian name on this letter but my address.

The letter thanks my brother for his letter to Capital One

however they have been unable to enclose the documents requested as the signature on the letter does not match their records

then it goes on to mention confidentiality and asking for a copy of a current passport to be sent them at a given address to confirm identity.

 

Putting 2 and 2 together I explained that I thought this letter was in fact for my husband not my brother and told my now highly emotional brother I would take care of this.

I would also like to point out that my brother does not have the capacity to write his own name now let alone type a SAR.

 

All the way home in the car I got lots of questions form my parents about our current financial situation questioning are we about to go bankrupt.

I am a very private person and would not wish to share our financial situation which actually is quite good to anyone let alone my parents.

 

Now id also like to point out that both my Husbands and Brothers Christains names both start with the same initial so for instance my Husband is A.B. Smith and my Brother A.C.Smith funnily enough im another A. Smith.

 

The SAR was signed by my Husband as A.B Smith and of course no mention of any other name.

Mr A.B. Smith was also typed under his signature.

 

Im so angry about this.

I've had to explain to my family and Sister in law our financial situation and ive made my dying Brother cry and upset thinking he was leaving a debt behind my family would need to find the money to pay off.

 

Can my Husband complaint to Capital One?

What if anything have they breached here?

 

Am I being too sensitive about the situation especially as its upset my Brother.

I cannot think of any way they could have connected my Husband and Brother.

 

Please do ask if you need any further information and Kind regards

[honeybee13]

Hi.

 

I'm so sorry to hear about your brother. Clearly he doesn't need this.

 

Do you think he would sign a letter authorising you or your OH to speak to Cap One on his behalf, if one is needed?

 

If the debt is only in your brother's name, I don't think the family will be responsible for it.

 

HB

 

[Molliesmummy]

Hi Honeybee

There is no debt.

This letter was sent to us in reply to a SAR that my partner not my Brother wrote.

to see if we had PPI but needed to do a SAR request first.

For some reason theyve addressed my partners letter to my Brother.

 

As it was addressed to my Brother I passed the letter to him.

Somehow Capital One have wriiten a letter meant for my partner but addressed it to my Brother at my home address.

My Brother has never lived with us.

I know it sounds unbelieveable but this is genuine

[dx100uk]

Did you send a crack copy with the request?

[Molliesmummy]

dx - would you kindly explain what on is please?

 

[dx100uk]

silly autospell

did you send a CTAX copy with the SAR?

 

[Molliesmummy]

Ive just Googled what a crack copy is and to be honest im not very computer savvy. All that was done was we took a SAR templete adding the correct details.

So our past addresses.

The letter was signed by my partner with the words A.B. Smith for example under the signature

 

Hes requested other SAR from other companies using the same template and weve had them through with no problems.

 

I cannot understand how theyve linked my parner and Brother especially as hes never lived here and lives a good 35 miles away. 

But as I said my parner is A.B. and Brother A.B initial wise

[Molliesmummy]

im asuming thats Council Tax copy no we didnt as I read that we wouldnt need to if the credit card was took at the same address that we do now

[dx100uk]

really ...that's very bad of cap1 then.

ICO/FOS complaint time and seek compo IMHO

[Molliesmummy]

should i have enclosed a C.T. bill please?

The credit card was held at our address that we currently live at around 5 years ago

[dx100uk]

if the card was taken out where you presently live no ...no need

but you prob confused them then by listing unnecessary old addresses

[AndyOrch]

Thread moved to Capital One Forum ..please continue to post here to your thread.

 

Andy

[Molliesmummy]

He wrote to Capital One as an official complaint.

They replied giving him the SAR documents and saying they had passed the complaint on to the correct department.

 

Today my hubby has received a response form Capital One upholding his complaint.

They said that when they received the original letter they located the account correctly and arranged all the documents to be sent that were relevant to the request.

 

However when the letter was sent to us the agent incorrectly addressed this to my brothers name so the mistake was that of human error.

 

As a way of apology they've arranged for a £100 cheque to be sent to my husband.

They state this is Capital Ones final response to the matter but we have the right to take it to the FOS.

 

This never has been about compensation.

No amount of money can change what's happened.

 

Im cross as what my husband asked for within his complaint letter hasn't been addressed.

This was a copy of the original SAR to be sent to him that he wrote to Capital One.

We do have a copy of this saved on our home computer but we wanted a copy from them in case we had to take this matter further and they denied what was written.

No copy was sent with the letter.

 

Theres 100s of men names why did the agent use my brothers?

Ok there going to say its pure coincidence his name was used.

 

I would now like to take this further.

Can anyone please advise how I ask for the FOS to step in?

We are in no way bothered in the FOS remove the £100 cheque from us as this is money that I do not want .

 

We believe that GDPR regulations have been breached at least twice by sending this letter.

 

This is based on the following taken from the GDPR website

- The GDPR defines a personal date breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”

 

“Integrity breach”

– where there is an unauthorised or accidental alteration of personal data.

It should also be noted that, depending on the circumstances, a breach could concern confidentiality, availability and integrity of personal data at the same time, as well as any combination of these.

 

Would anyone please be as kind as to offer any advice moving forward.

[dx100uk]

yes ofcourse you can

and complain to the ICO too.

give them both a ring MOnday

[Molliesmummy]

Should complaints not be put in writing please?

 

Also what info do I need to give them?

 

We havent actually got all of the things here requested from Capital One yet either.

As the response was the ned of the matter am I not allowed this now?

[dx100uk]

the fos will request what they what directly

give them a ring and discuss things with them

they will advise what to do.

but yes ofcourse this will end up in writing

 

didn't say complain to them anyway, just phone for advice on WHAT to do.

they will tell you the steps to go thru.

 

dx