Alphageek Vs Capital One ***WON***

[Alphageek]

Today's episode of the speaking clock goes like this;

 

21st

====

12:43

12:54

12:54 @ work - I told them not to call me at work.

17:39

19:07

19:18 - I told them to stop calling full-stop.

 

Also, had a letter from Ellie Renshaw offering me the difference between £20 and £12 even though they don't agree with the OFT blah blah blah letter.

 

A grand total of £80 offered. No mention at all about the mis-sold PPI.

 

This paragraph is the best;

 

While you're disputing these fees, it is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

 

You think they'd get it by now wouldn't you? Even if they were completely ignorant of the law a while ago, with all CAGers educating them, they should have a rudimentary grasp of the Laws of England and Wales by now!

 

LBA printed and in the mail, 1st class recorded tomorrow.

[Alphageek]

Ok, question time.

 

Should I send the LBA letter or this one first as they have made a settlement offer?

 

A combination of the two perhaps?

 

Thanks.

[Josie8]

Ok, question time.

 

Should I send the LBA letter or this one first as they have made a settlement offer?

 

A combination of the two perhaps?

 

Thanks.

 

Send the second letter but instead of 10 days insert 14 days.........

[Alphageek]

Hi Josie, I thought you might pop up

 

Good job I asked. Something was nagging me to re-read my bookmarks before posting the LBA.

 

Will re-do my letter. Thanks.

[Josie8]

Its a pleasure Alpha:p

[birchave0]

Here is the 1st page

 

Note: I did not obliterate the bit where they signed it. Looks like it was done with a marker pen!

 

Here is the 2nd page

 

I also got my postal order back and a copy of a leaflet entitled "Please tell us when we make a mistake..." "...because nobody's perfect"

 

I am not sure if this agreement has all of the prescribed terms on it or not.

 

 

SNAP!!!!

This is exactly what they sent my after I made my CCA request! I'ts an application form!!!! I have spoken to our local trading standards, they have just me just that, it's an application form not a credit agreement!!!!

 

I am going to send them a letter today letting them know that I am acting on advice from TS and they are being reported to OFT, I'm also not going to pay them another penny until I see the real agreement!!!

I don't think the agreement exists, anyway I've got nothing to lose to bring it on:)

 

GOOD LUCK WITH YOURS

 

Birchave

[Alphageek]

The speaking clock must have broken down!

 

I have had no further calls from them. Now then, let's see. There are two possible reasons for this.

1. They have taken notice of my Harassment by telephone letter.
   
2. They have credited my account with their settlement offer and, thus, I have fallen off their delinquent accounts list.

I'll let you guess which

 

Response to settlement offer letter printed and in the mail tomorrow.

[Alphageek]

Looks like I was right with guess number 2 (above)

 

Received this, dated 22nd June, from Ms Renshaw.

 

Thank you for writing to us. I understand you're unhappy with the phone calls you've received from us and I'm sorry for any inconvenience this has caused.

 

To explain, we've been trying to speak with you as we're concerned with the status of your account. Your account is currently two months behind in payments and we use an automatic telephone system that will call until your account is up to date or a payment arrangement has been agreed.

 

I realise you're unhappy with the amount of calls we've made. However, I see there has been occasions where you've refused to go through security when we've called. When this happens, it is noted as a failed contact and we'll try again later. However, if you do complete security, we'll know that we've spoken with you and you won't receive another call for at least a week.

 

To prevent further calls, I've cleared the outstanding payments due to bring your account up to date. However, it is important you keep up with your payments. Should your balance go over the limit again, or your payments arrive late, you may receive further calls about your account.

 

If you have any further questions, please write back to me. My address is in the leaflet I've included which explains our complaints procedure. If I don't hear from you in the next four weeks, I'll consider you're happy with my response and your complaint closed.

 

I hope I've explained things clearly and you'll accept my best wishes for the future.

 

And my statement for this month. On the 19th two refunds. One for overlimit fees and one for late fees.

 

Oh well, the latest letter I sent expires on the 10th July. I will send an LBA then.

[garygumps]

They refunded 2 fees on your latest statement???? Thats good. How can they now refuse to refund all the rest of your charges:D

[Alphageek]

Hi Gary, they refunded X times the difference between £20 and £12 for their overlimit and late fees.

 

Just a staling tactic I guess.

[ukaviator]

That is the usual response most of us have had. Keep to your timetable.

 

Uk

[Alphageek]

Thanks UkA. I have seen this so many times, I think I could write their replies to me before they do and save everyone a load of time and just get to settlement

 

I wonder how many people are put off by their waffle and give up?

[Alphageek]

Got a bog off, final offer letter today from Ms Renshaw.

 

LBA in the mail tomorrow. Just over £650 with interest accruing at 63p/day.

[steve1963]

Here is the 1st page

 

Note: I did not obliterate the bit where they signed it. Looks like it was done with a marker pen!

 

Here is the 2nd page

 

I also got my postal order back and a copy of a leaflet entitled "Please tell us when we make a mistake..." "...because nobody's perfect"

 

I am not sure if this agreement has all of the prescribed terms on it or not.

 

Hi Alphageek,

I'm really glad I found this thread, I have CCA'd cap one and so far only received a sheet the same as the 2nd page you got, thier 12+2 is up on Tuesday and I'm looking for a bit of help in the best way to deal with them.

While I've been waiting for the reply they have also issued a default letter.

For info heres my thread.

http://www.consumeractiongroup.co.uk/forum/capital-one/111197-cca-default-notice.html

Cheers

Steve.

[Alphageek]

Hello (if anyone is still reading this!)

 

Sorry I have been off the grid for ages, I think I was abducted by aliens or something like that

 

Anyway, I am back now and have an update about our friends at CapOne.

 

My LBA was delivered, signed for on 9/7/2007 and I received a letter dated 12/7/2007;

 

Dear Mr Geek

 

Account No. x

 

Thank you for writing back to me again about my offer.

 

I'm writing to you out of courtesy as I've already sent my final response letter, dated 3 July 2007

 

I realise that you want me to refund all the charges we've ever added to your account. However, because we've added them correctly, I've refunded £80 from your account on 19 June 2007, and that was my final offer.

 

We do not feel that our fees are illegal, they are in line with the fees other banks and financial institutions charge. We only add these fees when a customer breaches their contract in this way.

 

As I mentioned in my previous letter, you have the option of contacting the Financial Ombudsman. As we've already sent our final response, I need to let you know that we won't increase our offer. We'll acknowledge future letters from you about this refund, but I'm afraid we won't review what we've offered.

 

(*Please note, calls to 0845 numbers will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes.)

 

Yours sincerely

Ellie Renshaw

Executive Office Manager

[Alphageek]

On the 1st Sept, 2007 I got this;

 

1 September 2007

 

Dear Mr Geek,

Credit Card Account Ref: x

 

Balance: £xxx.xx

Credit limit: £xxx

Overdue amount: £xx.xx

 

It seems that you've missed a payment. We understand that it's easy to simply overlook your payments; however, it's important that you keep payments up-to-date.

 

Overlooking payments costs you money and is inconvenient. Whenever you miss a payment, pay less than the minimum amount or pay late:

 

•interest and late payment charges may be added to your account.

 

•your credit facility is suspended, which means you're unable to use your card.

 

•your payment history is recorded on your credit file.

 

To pay off your arrears, you need to pay £22.76 straight away. To bring your account fully up-to-date you also need to pay your current minimum payment. As soon as you bring your account fully up-to-date, you'll be able to use your card again.

 

If paying this is causing you any concerns, please call us. Our freephone number is 0800 952 4966. We're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

 

If you've already paid this or have made a payment agreement with us - thank you. Please ignore this letter.

Continued ..

 

Additional Information

 

Payment Protection Insurance

 

If you have Payment Protection Insurance (PPI), it could provide you cover in case you can't meet your monthly payments. If you're made unemployed or unable to work through illness or poor health, you may be able to claim.

 

•Between the ages of 18 and 64, your policy provides cover against compulsory redundancy, disability, critical illness and death.

 

•From your 65th birthday or the date you retire up to your 70th birthday your policy automatically changes and provides cover for accidental death, total and permanent disability because of an accident and hospitalisation because of an accident.

 

Your statement will show if you're paying for this cover.

 

How to make a payment

 

It takes approximately five working days (Monday to Friday) for your payment to reach your account. Make sure you allow enough time for it to get here by your payment due date.

 

• You can pay using a debit card by telephoning us on

0800 952 4966. (We currently only accept debit card payments when an account is in arrears, once it's up-to-date we can't accept this payment method.)

 

• To pay by standing order, telephone or internet banking, make your payment to the account below.

 

Sort code: 40-02-50

Account number: 81077082

Reference Number: Your Capital One account number

 

• To pay by cheque, please make it payable to Capital One Bank and quote your credit card number and your postcode on the back. Fill out the payment slip, which is at the bottom of your statement, and send it with your cheque to our payment address.

 

Capital One Bank PO Box 1000 Camberley GU15 3ZQ

 

• To pay over the counter at a bank, fill in the payment slip and hand over your whole statement with your cash or a cheque. Please remember to ask for a receipt.

Continued ...

 

Yours sincerely,

 

Valerie Lipton

Director of Collections

 

Calls may be monitored and recorded for training purposes.

[Alphageek]

Similar rubbish on the 11th Sept, 2007;

 

We're concerned that your account is still overdue. If you're having problems paying, please call us. Our collection specialists are skilled at helping customers in difficult situations and they may be able to help you find a payment solution.

Being behind with your payments is costly and inconvenient for you.

•Interest and late payment charges may be added to your account, which will cause your balance to increase.

•Your credit facility has been suspended, which means you're unable to use your card.

•Your payment history has been recorded on your credit file, which may affect your credit rating. (It's important that you protect your credit rating as it influences your ability to obtain credit or loans, such as a mortgage, mobile phone contract or hire purchase agreements from other lenders.)

To pay off your arrears, you need to pay £xx.xx straight away. To bring your account fully up-to-date you also need to pay your current minimum payment. As soon as you bring your account fully up-to-date you'll be able to use your card again.

To talk to one of our collection specialists, please call us on our freephone number 0800 952 4966. We're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

Continued ...

 

If you've already paid this or have made a payment agreement with us - thank you. Please ignore this letter.

Additional Information

Payment Protection Insurance

If you have Payment Protection Insurance (PPI), it could provide you cover in case you can't meet your monthly payments. If you're made unemployed or unable to work through illness or poor health, you may be able to claim.

•Between the ages of 18 and 64, your policy provides cover against compulsory redundancy, disability, critical illness and death.

•From your 65th birthday or the date you retire up to your 70th birthday your policy automatically changes and provides cover for accidental death, total and permanent disability because of an accident and hospitalisation because of an accident.

The policy does have some exceptions and they're explained in the policy document we sent you when you took out this insurance.

Your statement will show if you're paying for this cover.

How to make a payment

It takes approximately five working days (Monday to Friday) for your payment to reach your account. Make sure you allow enough time for it to get here by your payment due date.

•You can pay using a debit card by telephoning us on 0800 952 4966. "

•To pay by standing order, telephone or internet banking, make your payment to the account below.

Sort code: 40-02-5

Account 077082

Reference Number: Your Capital One account number

• To pay by cheque, please make it payable to Capital One Bank

and quote your credit card number and your postcode on the

back. Fill out the payment slip, which is at the bottom of

your statement, and send it with your cheque to our payment

address.

Capital One Bank PO Box 1000 Camberley

Continued ...

 

GU15 3ZQ

To pay over the counter at a bank, fill in the payment slip

and hand over your whole statement with your cash or a cheque.

Please remember to ask for a receipt.

Yours sincerely

Valerie Lipton

Director of Collections

Calls may be monitored and recorded for training purposes.

[Alphageek]

On to the 25th Sept, 2007 and this time they are very concerned;

 

We're very concerned that your account continues to be overdue and that your balance is still over your credit limit. If you're having problems, please call us. Our collection specialists have worked with people in difficult situations and may be able to help you find a payment solution.

 

Being this behind with your payments is becoming increasingly expensive and inconvenient for you.

 

•Further interest and late payment and overlimit charges may be added.

 

•Your credit facility has been suspended and you're unable to use your card.

 

•Your payment history has been recorded on your credit file, which is likely to affect your credit rating.

 

Any requests we receive to pay a regular amount from your credit card, such as insurance (eg Card Protection) or subscriptions (eg AOL, Sky Digital), may be declined. So please cancel any regular payments that you have set-up on your Capital One account.

 

To pay off your arrears, you need to pay £46.89 straight away. To bring your account fully up-to-date you also need to pay your current minimum payment plus the amount you're over your credit limit by. As soon as you bring your account fully up-to-date, you'll be able to use your card again.

 

If you can't pay this amount, please call us today on 0800 952 4966, so we can resolve this. We're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

 

If you've already paid this or have made a payment agreement with us - thank you. Please ignore this letter.

 

Additional Information

 

How is your credit file affected?

 

Every month the status of your account is automatically reported to the credit reference agencies; Experian, Equifax and Callcredit.

 

This information is held on your credit file and is shared with other lenders to show how you've managed your financial relationship with us. Lenders can see a record of your payment history over the last three years. And if you have any bad debt or county court judgements, this information will show for six years.

 

It's important that you protect your credit rating as it influences your ability to obtain credit or loans, such as a mortgage, mobile phone contract or hire purchase agreements. In addition, some employers are increasingly carrying out credit checks before offering employment.

 

How to make a payment

 

It takes approximately five working days (Monday to Friday) for your payment to reach your account. Make sure you allow enough time for it to get here by your payment due date.

 

•You can pay using a debit card by telephoning us on 0800 952 4966. "

 

•To pay by standing order, telephone or internet banking, make your payment to the account below.

 

Sort code: 40-02-50

Account number: 81077082

Reference Number: Your Capital One account number

 

• To pay by cheque, please make it payable to Capital One Bank and quote your credit card number and your postcode on the back. Fill out the payment slip, which is at the bottom of your statement, and send it with your cheque to our payment address.

 

Capital One Bank PO Box 1000 Camberley GU15 3ZQ

 

To pay over the counter at a bank, fill in the payment slip

and hand over your whole statement with your cash or a cheque.

 

Please remember to ask for a receipt.

 

Yours sincerely

 

Valerie Lipton

Director of Collections

 

Calls may be monitored and recorded for training purposes.

[steven4064]

Hi Alphageek

 

Looking back over the thread, the last thing you sent them was an LBA in July. I suggest you start your court claim. It would probably be a good idea to bring your account up to date, if you can.

[Alphageek]

Then I made a very small token payment and on the 28th Sept, 2007 I got this;

 

Thank you for the payment(s) you've made to reduce the arrears on your account. Although this clearly shows you're trying to resolve this situation, unfortunately your payments haven't been enough to clear the arrears.

 

To pay off your arrears, you need to pay £xx.xx straight away. To bring your account fully up-to-date you also need to pay your current minimum payment. As soon as you bring your account fully up-to-date, you'll be able to use your card again.

 

If you're having problems paying, please call us. Our collection specialists are skilled at helping customers in difficult situations and they may be able to help you find a payment solution.

 

Our freephone number is 0800 952 4966 and we're here 9am-Tpm-Monday to Friday, and 9am-1 pm Saturday and Sunday.

 

If you've already made a further payment since your last statement, or have made a payment agreement with us - thank you. Please ignore this letter.

 

Additional information

 

How to make a payment

 

blah blah blah...

[Alphageek]

30th Oct, 2007;

 

We're extremely concerned that your account continues to be significantly overdue even though we've sent you reminders and called you frequently. You must either pay the overdue amount and any amount over your credit limit or call us urgently to stop this situation escalating further.

 

This may be your last chance to save your account and avoid more charges being added.

 

If you're having problems paying, please talk to us. Ease yourself of the stress and worry that this situation is undoubtedly causing you. Our collection specialists have worked with people in similar situations and may be able to help you find a payment solution, even at this late stage. Our freephone number is 0800 952 4966. We're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

 

Being this far behind with your payments is very expensive and inconvenient for you.

 

•Your balance is now increasing because of interest, late payment and overlimit charges being added.

 

•Your credit facility has been suspended for a significant time and you haven't been able to use your card.

 

•Your payment history has been recorded on your credit file. This may influence other lender's decisions to give you credit or loans in the future.

Continued ...

 

• Any requests we receive to pay a regular amount from your credit card, such as insurance (eg Card Protection) or subscriptions (eg AOL, Sky Digital), are very likely to be declined. So please cancel any regular payments that you have set up on your Capital One account.

 

To pay off your arrears, you need to pay £xx.xx straight away. To bring your account fully up-to-date you also need to pay your current minimum payment plus the amount you're over your credit limit by. As soon as you bring your account fully up-to-date, you'll be able to use your card again.

 

This situation is very serious now. If you don't pay the amount overdue or you don't call us, the actions we'll take to recover the amount owed will increase.

The sooner you talk to us, the earlier we'll be able to resolve this.

 

If you've already paid this or have made a payment agreement with us - thank you. Please ignore this letter.

Additional Information

 

How is your credit file affected?

 

Every month the status of your account is automatically reported to the credit reference agencies; Experian, Equifax and Callcredit.

 

This information is held on your credit file and is shared with other lenders to show how you've managed your financial relationship with us. Lenders can see a record of your payment history over the last three years. And if you have any bad debt or county court judgements, this information will show for six years.

 

It's important that you protect your credit rating as it influences your ability to obtain credit or loans, such as a mortgage, mobile phone contract or hire purchase agreements. In addition, some employers are increasingly carrying out credit checks before offering employment.

 

Do you need independent financial support or advice?

We realise that you may be having financial difficulties and perhaps don't feel able to talk to us. If this is the case, it might be helpful for you to contact a debt management organisation. In your local phone directory, you'll find contact details for services such as the Citizens Advice Bureau, Consumer Credit Counselling Service or Payplan. These organisations do not charge for their services, however some others do.

 

Important

If you do contact an organisation to help you with your financial situation, you will continue to be solely responsible for your account and payments. We will also continue sending you letters and statements asking you to pay your arrears until we've made a payment agreement.

 

If you decide to ask an organisation to deal with us on your behalf, you'll need to write to us giving your authority. Your authority would allow us to discuss your account details only; we can't accept instructions to make any changes (eg an address change).

How to make a payment

Blah blah blah

[steven4064]

Have you sent a CCA request? THat can stop them in their tracks for a bit

[Alphageek]

Hi Alphageek

 

Looking back over the thread, the last thing you sent them was an LBA in July. I suggest you start your court claim. It would probably be a good idea to bring your account up to date, if you can.

 

 

Hi Steven, thanks for helping again.

 

Why do you think it would be a good idea to bring my account up to date?

[steven4064]

Why do you think it would be a good idea to bring my account up to date?

I just think its a wise move (if you can) to avoid any agro when you take them to court. It probably is not too important for a CC case, but for bank current accounts there have been cases of banks demanding overdrafts be repaid in full under these circumstances.

[Alphageek]

The over-due is about £70 as of their letter dated 30th Oct 2007.

 

But I think being in arrears and over the limit of the card is entirely due to more charges and PPI being added since they defaulted with the load of rubbish they sent in reply to my CCA request.

 

They should not have been adding any of this. So if I pay it now I would only re-claim it when I issue the N1.

 

I actually spoke to them today after giving the guy a hard time about my DOB etc.

 

He said the account was at pre-default stage and he was trying to help me. The help he offered was to try and liberate over £500 from my coffers. I am sure the exact amount he said I needed to pay today was what they claim is the outstanding balance.

 

I told him I won't be paying any more money to his company as the account is in dispute.

 

He tried the old "You've used the account so you're morally obliged" trick.

 

I countered that CapOne are obliged to operate my account lawfully and they have not been doing so.

 

He tried to play dumb (at least I assume he was playing) and asked me what I meant. I told him not to be childish and try to play games and that he knew full well what CapOne had done to me and hundreds of other people.

 

We agreed that the call was going nowhere and said goodbye.

 

Oh well. At least he sounded English and I could understand him.