Cap One harassment

[hillards]

I'm getting more and more annoyed at Capital One. They have been calling several times a day for my step-daughter, who tells me she has agreed an arrangement with them to repay her card debt.

 

They will not speak to me about this, when I tell them that she is at work or at her friends house, but they keep calling. They wake me up early in the morning (I'm a hospital volunteer and often don't get to bed until 5am) and call at all times of the day.

 

I've just lost my temper with one of their smart-a***d operatives when I started out asking them to stop calling, full stop. She got all stroppy and said they would keep calling.

 

I've already sent a letter to the Halifax about my own card account, as they were calling 10-12 times a day despite my having written to them at length.

 

The telephone line is mine, as far as I am aware I have the right to tell them to stop calling as they will not reach my step-daughter at this number. When she does stay here it's because she's been on a late shift, and they don't call at midnight... They just don't listen.

 

The woman who called refused my request to be passed to a supervisor, repeatedly said they would keep calling despite my requests for them to stop and I've now had enough - but where do I go from here?

 

I can't call them back as it's not my account to discuss, they've refused to consider my poor health and other factors I've mentioned. I do not want to be stressed any further by this lot and need to hit them with some form of legal letter to force them to stop calling.

 

Anyone ?

[Rooster-UK]

Hi Hillards.

 

What they are doing is harrassment which is illegal.

There are remedies that should stop this, but I can't remember the details.

 

Post this question in the Debt and Bailiffs Forum. The DCAs are constantly causing harrassment and someone there will be able to help you to put an end to it.

 

Regards, Rooster.

[hagenuk]

Send this letter.

 

Dear Sir/Madam

Ref: Account Number:

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; my instruction stated quite clearly to you that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I trust that I have made myself understood on this matter.

 

[hillards]

Thanks Rooster - I'll copy it over there.

 

hagenuk - it's not my account, so they will not listen to me when I protest on the phone. The previous letter was me writing to the Halifax about my own account, not connected with this one.

[hagenuk]

Hillards, so adapt this letter so it is written from your step-daughter and have her sign it and send it.

 

I thought it would be too obvious and so did not feel the need to point that out.

[hillards]

Yep, sorry - it did sort of pass me by to do that at first as it looked like you'd suggested that as a follow-up to my own letter. No problem, one will be going off soon - when the step-daughter turns up again.

[Rooster-UK]

See, there's a light at the end of every tunnel...... it's just a matter of knowing where the switch is.