Capital One - Help

[Slidingsash]

I am desperate to help my sister, who has been through an absolutely torrid 12 months losing both our father and her son in a terrible vehicle accident.

 

She was in hospital for 5 months and during that period I took it on myself to look after her financial matters and keep things steady until she got back on her feet.

 

Every one of her creditors except Capital One were fantastic, freezing accounts for 6/9 months and being really understanding. However, to cut a long and sorry story short, her 2 Capital One credit cards with piddly £200 quid credit on each soon doubled and more as they wouldn't help at all.

 

Firstly they refused to speak to me as I was not the account holder, and despite writing letters confirming I was dealing with her matters, my requests were ignored. The 2 accounts were then passed on to a company called Debitas, and the constant phone calls to her in hospital on her mobile and at home started. Again I wrote asking all dealings to come through me, but to no avail.

 

Now debt collection companies and a solicitor has become involved.

Today, a claim form from Bryan Carter Solicitors has dropped through her letter box. Interestingly they have only claimed £165.00 of the £497.00 debt, but added £70.00 in charges. We are both at a complete loss what to do. By a horrible coincidence, it's the anniversary of the accident next week and couldn't come at a worse time.

 

Any assistance would be appreciated.

[lookinforinfo]

First I was sorry to hear of the tragedy that has affected you and your sister-Ihope she iis now well on the road to recovery.

 

Do you have any kind of dates or records when they pestered your sister

in hospital-or can they be extracted from her mobile phone?

 

If so, write to Trading Standards about the bahaviour of Capital One. First

for their unsympathetic stance when your sister was in hospital, and second

they are responsible for the actions of the DCA for their disgraceful

behaviour when she was still under treatment.

Strictly speaking, CO were right not to accept you as her adviser without

her authorisation, but there are times when a sensible interpretation of the

Data Protection Act is called for. And it is to the credit of the other companies

you contacted that they took a more christian attitude shall we say. So it

rather begs the question of why they took such a contrary stance.

If CO has not written off the charges levied whilst your sister was in hospital,

also complain to TS about that, since they were more than likely unlawful inasmuch as these charges do not represent their actual costs . Moreover, as there is no contract existing between your sister and the debt collector, they

cannot add charges unless they are taking you to Court for example and

incurring charges in that way.

 

Send a copy of the letter to Brian Carter advising them to take no further

action as your sister has a serious complaint about the actions that have been taken since her accident. Confirm the account is therefore in dispute pending the outcome of her dealiings with TS, and as such, no action can

be taken to collect the debt.

[Slidingsash]

Thank you so much for the suggestions.

One thing I may not have made clear is I wrote to all the credit card companies enclosing written and signed authorisation from my sister for me to act on her behalf.

 

Capital One were the only company who would not deal in writing and to this day have not acknowledged any correspondence sent to then. They will only deal over the phone, and as they get a guy's voice when the account is in a ladies name, the whole process, despite pleading from me, comes to a halt.

 

They insist in speaking on with my sister, who was neither capable or in a frame of mind to speak coherently.

 

I will try what you suggest and see what happens.

[lookinforinfo]

The fact that you wrote with her approval makes it all the worse. Every thing

they have done appears to be counter to best practice. I hope TS will

view this as seriously as I do.

[Sparkie1723]

Sorry to here about your sis 's and your tragedy iI agree with lookin and would like to add call the OFT direct in London Lettes do take a little time I am certain that if you speak to an advisor direct you will get a much speedier re- action by the OFT, from what you have said you really do have an exceptional case for Phsycological harassment and a real good case for compensation that would clear your sisters debts completely under The Protection from Harassment Act of 1997 against both Capital 1 and the solicitor acting for them.

 

If you have get written consent from your sister giving you the authority to act on her behalf and provide them with a copy of it they cannot refuse to speak and deal with you, your sister has the legal right to appoint you to act on her behalf, as if it were she, they were dealing with.

That is a fact that cannot be disputed.

 

The direct line to the OFT is 020 7211 8765.

 

Any help I can give you just PM Me

 

Sparkie1723

[Sparkie1723]

Some further information this firm of solicitors are do not hold a license to process data and are committing criminal offences under the Data Protection Act (see below ) the Information Commissioners Office has just issued a bulletin aimed at solicitors who are not registered and warned them in no uncertai way as the Information Commissioners Office regard the fact that solicitors being who they are should be more aware of the need to register than most others

 

Write to these solicitors and tell them to cease their harassment IMMEDIATELY and tell them you are reporting them to the Information Commissioners Office NOW and telephone the Information Commissioners Office Notifications dept and tell them that these solicitors are not on their register and under the circumstances whe you explain the the Information Commissioners Office will take action against them under section 55 which is one of the very few sectins the Information Commissioners Office can and does have the power to prosecute.

NOtifications no at the ICO 01625 545740

 

e-mail [email protected]

Sparkie1723

 

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Name Bryan Carter Solicitors

Address 56 Baker Street

Weybridge Surrey

Post Code KT13 8AL

 

 

 

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