Tanzarelli v Cap One... £ + default **WON**

[TANZARELLI]

Just out of curiosity, my partner has just recieved a letter from CR@P ONE re outstanding monies owed. Only thing she has heard for over 3 years, and in addition to this she changed her name by DEEDPOLL over 4 years ago and they have sent it to her in her old name, plus they are saying they have sold the account to a DCA.

 

Anyone know what the legal angle is for this?????

 

Comments would be appreciated.

[TUTTSI]

Cheers J2B. Get this off Monday morning to the courts and also to Cr@p One. Hopefully should speed things up and as you may know smel has also already been told they will be removing hers, see here: http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

She has mentioned thanks to you for your help with my letter which she used in her claim.

Good Luck Tanz with your claim, after Smel's victory, I am sure yours will just be a matter of time.

 

I have not had a chance to read your your latest bits on your thread as I only had 3 days to get my bundle together for my GM claim, with a statement of evidence, this was because the Judge's directions arrived Thursday 15th and they have to be there with GM Solicitors and the Courts by Monday 4pm or the case gets thrown out.

 

Hubby is running to catch the post as we speak....there is a 1pm collection and he has kindly agreed to do the run to Willesden County Court this afternoon, to shove it in the letterbox so it will definately be there tomorrow.

 

So when I get my breath back, I will have a read. But it was excellent new with Smel.

DS

[TANZARELLI]

Cheers DS, nothing like cutting it fine eh? lol

[millymollymoo]

Just wanted to say thanks for the reppy tanz and Good Luck. My O/H is doing these b*****s andd they have till tomoz to acknowledge

 

Milly XX

[TANZARELLI]

Just wanted to say thanks for the reppy tanz and Good Luck. My O/H is doing these b*****s andd they have till tomoz to acknowledge

 

Milly XX

 

Thanks milly no probs, thought it was about time I gace out some of the old emeralds, been a bit tight with them of late.

 

Tanz

[TANZARELLI]

Sent CCA request 3rd Jan making 12 days 15th Jan but still not recieved it even after todays post making it now 35 days over the 12 day limit. Naughty naughty. I think I might just call them to remind them.

 

Tanz

[ajh021]

S.A.R - (Subject Access Request) sent to Cap 1 on 3rd Jan, they still have not complied with it. Also CCA request also sent 3rd Jan making 12 days 15th Jan but still not recieved it even after todays post making it now 35 days over the 12 day limit. Naughty naughty. I think I might just call them to remind them.

 

Tanz

 

 

HI Tanz,

 

I think you should chase them for it.

i sent my sar on 20th jan, and got them just after the 12th feb.

 

AJH

[TANZARELLI]

Ignore my above post stating my SAR had not been recieved, it had just forgot with everything going on.

 

Just CCA outstanding.

 

AQ sent to court yesterday 1st class recorded, also sent copy of this as gesture of goodwill to Cap 1's legal team. Hopefully this will hurry things up in light of smels victory, if not I will have something to say.

[TANZARELLI]

Right just checked with the court and they have recieved my AQ and Draft Order. Sent Mon got there Tues. Better than my LTSB one which too 4 days. Anyway the lady from the courts said I would prob not here anything from them for about 2-3 weeks as they are busy busy busy. Hopefully Cr@p One will see sense before this and offer me full plus removal of default, as they have already seen what is coming because I sent them the AQ with copy of Draft Order for them to see what was coming, a tactic which I think may speed up proceedings.

[smel24]

Right just checked with the court and they have recieved my AQ and Draft Order. Sent Mon got there Tues. Better than my LTSB one which too 4 days. Anyway the lady from the courts said I would prob not here anything from them for about 2-3 weeks as they are busy busy busy. Hopefully Cr@p One will see sense before this and offer me full plus removal of default, as they have already seen what is coming because I sent them the AQ with copy of Draft Order for them to see what was coming, a tactic which I think may speed up proceedings.

 

That's perfect, I sent C1 my AQ and draft too so they repsonded pretty quickly - I can't see why they won't come back with full offer soon enough

[TANZARELLI]

How long after was yours smel? Also has it been removed yet, have you checked?

[smel24]

I put in my AQ and Draft to the court on 31st Jan which was the same day I sent these to Cap1 by recorded delivery and I received my settlement letter on 15th Feb so two weeks.

 

I haven't checked yet because a) I haven't even received my cheque yet and b) they said they would write to confirm the default was being removed and again to confirm it had been removed - neither of which I've received

 

I won't be cancelling that claim until they do!

[TANZARELLI]

Just checked mine and its shows as satisfied for the balance, so it bloo*y should, still would look better if not there.

[smel24]

Do you check yours online? I thought you had to pay for this (other than the free 30 days trial or something)?

[TANZARELLI]

Do you check yours online? I thought you had to pay for this (other than the free 30 days trial or something)?

 

Did the 30 days trial thing and signed up using my Barclays visa electron card (dont use this account anymore), however no money in there now so they'll have to write to me for the money. It may even get me a few more charges from Barcalys. lol

[ajh021]

Right just checked with the court and they have recieved my AQ and Draft Order. Sent Mon got there Tues. Better than my LTSB one which too 4 days. Anyway the lady from the courts said I would prob not here anything from them for about 2-3 weeks as they are busy busy busy. Hopefully Cr@p One will see sense before this and offer me full plus removal of default, as they have already seen what is coming because I sent them the AQ with copy of Draft Order for them to see what was coming, a tactic which I think may speed up proceedings.

 

 

hope they pay out before it gets to court.

That's the worrying part.

But saying that, they don't won't to go to court, and are probably trying to scare us off, and hope we will back down.

Good luck, i will keep checking your progress

[TANZARELLI]

Thanks ajh021, Its just a matter of time I think, if not I will be happy to get in a court room with them as they need to have a few points rammed home to them. But I doubt that will happen.

[TUTTSI]

Hi Tanz, Talking about signing up to receive updates on your credit file, hubby did just this only a month ago, and guess what, he received an update from the Halifax linking him with an address in South London, a place we have never been to before. After he spoke with Halifax Fraud department, someone had gone into a Halifax Branch to open an account with his name and our address - he already has an account with them, they gace a wrong DOB and a wrong Mothers Maiden name, the Halifax asked this person to bring in ID with something showing the address, they came back a week latter and said that he had moved to the South London Address. Thankfully, Halifax declined the account as their was inconsistencies but had my hubby not have been registered for these updates he would never had known that someone had stolen his ID.

Thought you might be interested!

DS

 

ps just finished mt Barclaycard bundle and it will be delivered tomorrow to Court as it has to be there by Friday.

[TANZARELLI]

Nice one DS,

 

Thanks for that info. Are you claiming CCI or stat on this, remind me?

[RedDeath]

Hi Tanz, just found your thread and subscribing to it. I'm in the same boat as you, charges plus default and i will be borrowing your letter if you don't mind.

 

One point that i raised with Capital One regarding the default was that in transferring my default notice to 3rd party credit agencies they were in breach of sections 1-4-6 of the Data Protection Act, which states that only accurate data can be processed. As the charges were illegal, and as such did not reflect the true state of my account they were in breach of the act and have asked for those notices to be immediately deleted. Got the idea from someone on this forum but didnt book mark it. Hope it still helps.

[TANZARELLI]

Hi Tanz, just found your thread and subscribing to it. I'm in the same boat as you, charges plus default and i will be borrowing your letter if you don't mind.

 

One point that i raised with Capital One regarding the default was that in transferring my default notice to 3rd party credit agencies they were in breach of sections 1-4-6 of the Data Protection Act, which states that only accurate data can be processed. As the charges were illegal, and as such did not reflect the true state of my account they were in breach of the act and have asked for those notices to be immediately deleted. Got the idea from someone on this forum but didnt book mark it. Hope it still helps.

 

Thanks RD,

 

One point though, charges are unlawfull not illegal.

 

Tanz:)

[RedDeath]

One point though, charges are unlawfull not illegal.

 

lol, oops!

 

Yes, I find the Data Protection Act a very interesting approach to it. If I remember correctly the DPA is only based on roughly 12 points anyway, so quite a small act, and taken extremely seriously by the FSA.

 

10. - (1) Subject to subsection

(2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

• (a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

more...

 

 

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

• (a) stating that he has complied or intends to comply with the data subject notice, or

• (b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

 

I am finding this a really interesting approach that somehow I simply had not considered (I am ashamed to say the DPA plays an integral part of my job) but simply argued the charges are unlawfull, and they sent data (my credit rating) to 3rd parties (Equifax, etc..) in turn my credit rating was affected and caused me distress.

 

Section 1 covers the manipulation of data

 

• "processing", in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-

• • (a) organisation, adaptation or alteration of the information or data,

• • (b) retrieval, consultation or use of the information or data,

• • © disclosure of the information or data by transmission, dissemination or otherwise making available, or

• • (d) alignment, combination, blocking, erasure or destruction of the information or data;

 

They definetly consulted my data (hi, can i increase my level of borrowing? let me see...mmm....no try again in 6 months.)

 

I could go on, but need to read the DPA in detail again but in the meantime I have put a couple of chillis up their ****.

 

My LBA is effectively giving them 21 days on which to act. I think that I will wait for their next respone before sending one last letter to try and resolve this ehm...amicably.

 

Their "gesture of goodwill" (settling at £12 rather than £20) for the charges is as good as admitting liability. So the data back then was processed incorrectly.

 

I am really enjoying this one. I let my mate read my LBA and he thought it was quite cheeky. Ha ha, we have them!! They might not crumble easily but we got enough to get them!

[TANZARELLI]

lol, oops!

 

Yes, I find the Data Protection Act a very interesting approach to it. If I remember correctly the DPA is only based on roughly 12 points anyway, so quite a small act, and taken extremely seriously by the FSA.

 

 

 

more...

 

 

 

 

I am finding this a really interesting approach that somehow I simply had not considered (I am ashamed to say the DPA plays an integral part of my job) but simply argued the charges are unlawfull, and they sent data (my credit rating) to 3rd parties (Equifax, etc..) in turn my credit rating was affected and caused me distress.

 

Section 1 covers the manipulation of data

 

 

 

They definetly consulted my data (hi, can i increase my level of borrowing? let me see...mmm....no try again in 6 months.)

 

I could go on, but need to read the DPA in detail again but in the meantime I have put a couple of chillis up their ****.

 

My LBA is effectively giving them 21 days on which to act. I think that I will wait for their next respone before sending one last letter to try and resolve this ehm...amicably.

 

Their "gesture of goodwill" (settling at £12 rather than £20) for the charges is as good as admitting liability. So the data back then was processed incorrectly.

 

I am really enjoying this one. I let my mate read my LBA and he thought it was quite cheeky. Ha ha, we have them!! They might not crumble easily but we got enough to get them!

 

Good to see you have been doing your hoework RD.

 

Have you seen this: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

[RedDeath]

Yeah definetly been doing my homework in my time off. Yes, I had seen that thread though it still seems a little too vague for me. I tend to prefer templates with specifics to legal stuff.

 

Whereas I have been a customer of Capital One Bank since 2001 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

In addition to full payment of the sum mentioned above, I require that you remove all default entries from the register. Please note that mere correction or amendment to the entry will not be acceptable. Furthermore failure to comply with this will result in a complaint to the information commissioner for breach of the data protection act.

 

I am not expecting any deletions at the moment, but i am pushing forward with this. I guess what I will do is wait for their next refusal before modifying the template you pointed to, detailing breaches of the act and notifying them of 21 days to delete.

[TANZARELLI]

Yeah definetly been doing my homework in my time off. Yes, I had seen that thread though it still seems a little too vague for me. I tend to prefer templates with specifics to legal stuff.

 

 

 

I am not expecting any deletions at the moment, but i am pushing forward with this. I guess what I will do is wait for their next refusal before modifying the template you pointed to, detailing breaches of the act and notifying them of 21 days to delete.

 

Good work, mine should be hopefully removed in the next week I estimate if smels is anything to go by. Will keep you posted.

 

Tanz