Account opened without my permission

[mahala]

I have a Capital One credit card. I opened the account last year. There have been no problems with it. The balance has been paid off in full each month.

 

Last week, I logged into my online account and was amazed to find the balance was zero, even though I knew I had a balance of nearly £200 on the card. I couldn't access any of my previous statements. I was confused, but assumed there was a glitch with the website.

 

A couple of days later a new card arrived. My existing card is not due to expire so I checked the account numbers - different. A couple of days after this a PIN arrived for the new card. I haven't opened it. The new card is still attached to the letter it arrived with.

 

So, I have an existing account which is still operational. The monthly statement for the account arrived this morning. And I have a new account, with a zero balance.

 

I haven't requested this new account, so I just called Capital One. They took me thorugh an endless security check and then I explained the problem. They told me flat out I only had one account. I gave them the second, new account number. *pause* obviously the guy is as confused as I am.

 

Then he tells me it is against Capital One's policies for me to have more than one account. Before he can even go down that route I told him that I did not request this second account, and would he like to explain to me why Capital One have opened a credit card account in my name without my permission, and without a signed credit agreement?

 

He goes away to consult with someone and then comes back to tell me it must be an error - a duplicate account. He can't explain how a duplicate account could be opened over a year after the original.

 

He has promised to have the relevant department ring me to explain themselves.

 

 

Whilst I wait for the 32nd of Never, can someone point me in the direction of the piece of legislation they are breaking here? I'm pretty sure that opening a credit card account without my knowledge or signature is fairly naughty.

 

Any thoughts?

[Bookworm]

Erm... I take it that you're looking for something a bit more constructive than: "They're w*nkers"???

 

Then no, sorry, can't help...

[mahala]

that will do for starters Bookworm. When they call, I'll tell them "and Bookworm says you're w*nkers"!!

[whistleblowing fairy]

"They're w*nkers"???

 

Isn't that a bit harsh, I'll admit the phones dept are a bit useless but that's because they don't get the time or resources to investigate issues. They have to send it on to another dept to investigate. But they don't usually call you, 9/10 they'll write a reply.

 

If someone doesn't call you back, you could write to

 

CCR

PO Box 5283

Nottingham

NG2 3JY

 

Or just call about the second account number. Don't mention the first account. and just ask for a copy of the signed credit agreement/app form. For them to open an account, there has to be one.

[mahala]

ta muchly m'dear

[mahala]

*drums fingers*

 

no call from Capital One then. All together ... "Now there's a surprise!"

 

I am actually quite angry about this situation. I will be asking for copies of both credit agreements from them - although I know I only completed one, there obviously must be two, because they've opened two accounts.

 

The reason I'm going to ask them to supply the non-existent one is that the credit agreements are signed before an acount number is allocated - and I don;t want to request the agreement for this new account and have them send the agreement I actually signed for the legitimate account. Asking for both means they will have to prove I signed two.

[clayts]

Without trying to scare you, is it possible the second one has been opened as a result of identity theft ?

 

As you state, the only way to know for sure is to ensure they have two credit agreeements, one per card, both signed by you. If they discover the signatures are different that could be your answer ?

 

Hopefully it'll be nothing that sinister, but it is worth keeping in mind.

[Movingon]

Well, it won't be THAT sinister will it? They sent the card and PIN to us... LOL. It would be some kind of crap identity thief who didn't manufacture a change of address and have the card sent to themselves...

[katesage]

They do loads of things without you signing any type of agreement. Lloyds sent my sister a credit card with an £1800 limit when she was a single mum on benefits. totally unrequested.

unfortunately, she used the card (well you would wouldnt you ) got into debt, rang up to seek help, instead of help the little ****er on the phone added Payment Protection to her card (in case she lost her job LOL:mad: ). Because she's depressive and didnt open her post for a while it was 2 yrs before this was noticed.

Huge dispute ensued, eventually got all card protection payments refunded and the financial ombudsman is investigating whether this is Irresponsible Lending.

Turns out the card was a reissue of a card she had had 10 yrs ago as a student, that she defaulted on and thought was closed forever.

[dinghy]

It is possible that it is to do with theft of some sort, or account irregularities. I know that when I've had my wallet lost/stolen then several of the credit cards companies have had to seemingly open new accounts to change the card number...

[clayts]

Well, it won't be THAT sinister will it? They sent the card and PIN to us... LOL. It would be some kind of crap identity thief who didn't manufacture a change of address and have the card sent to themselves...

 

Not as sinister as it sounds, as often these are highly organised with dodgy agency staff employed by Royal Mail involved in intercepting the cards prior to delivery qv Despatches, Channel 4 about a year or so ago.

 

As I said, it's probably not that at all, though

[whistleblowing fairy]

have you received copies of the signed app forms yet?

[blackrain]

Barclays gave me a £600 overdraft without me asking. I only found out when I posted an application for an overdraft in about 2 years later and they asked why I was asking for a smaller overdraft than the one I already had!

[Milo19]

I have a Capital One credit card. I opened the account last year. There have been no problems with it. The balance has been paid off in full each month.

 

A couple of days later a new card arrived. My existing card is not due to expire so I checked the account numbers - different. A couple of days after this a PIN arrived for the new card. I haven't opened it. The new card is still attached to the letter it arrived with.

 

So, I have an existing account which is still operational. The monthly statement for the account arrived this morning. And I have a new account, with a zero balance.

 

I haven't requested this new account, so I just called Capital One. They took me thorugh an endless security check and then I explained the problem. They told me flat out I only had one account. I gave them the second, new account number. *pause* obviously the guy is as confused as I am.

 

Then he tells me it is against Capital One's policies for me to have more than one account. Before he can even go down that route I told him that I did not request this second account, and would he like to explain to me why Capital One have opened a credit card account in my name without my permission, and without a signed credit agreement?

 

He goes away to consult with someone and then comes back to tell me it must be an error - a duplicate account. He can't explain how a duplicate account could be opened over a year after the original.

 

He has promised to have the relevant department ring me to explain themselves.

 

 

Whilst I wait for the 32nd of Never, can someone point me in the direction of the piece of legislation they are breaking here? I'm pretty sure that opening a credit card account without my knowledge or signature is fairly naughty.

 

Any thoughts?

 

THIS HAPPENED TO ME!!!

Basically, I recieved a new card for no reason. I had a balance of £200 on each card, £177 on the old one, and obviously nothing on the new one. After about 4weeks, they decided to transfer this balance over to the new card. This then put me over and its spirraled from there. I by no means racist what so eva, but when ever you ring them, I can bearly understand the people talking to me, as they are foreign. Crap 1 are shocking, and I would NEVER deal with them again!!! Just give me my cash, and then shut my account(s):o

[whistleblowing fairy]

the indian staff have been told that if you request to be transferred to the UK, they're suppose to. UK staff work 8-8 week days and 8 - 6 weekends.

 

we've started outsourcing to Canda now as well.

[Giveitback]

do a search on this site for SAR Subject Access Request. You might be able to use this to prove that since you never signed anything agreeing to the card, there's no enforceable debt on it.

 

Ask around. I might be losing it.

[Movingon]

OK, we've acted on this in the past few weeks. We still haven't spent anything on the new card. We sent the following letter on 12th September (Deemed received on the 14th; 12 Working Days finish on the 2nd October).

 

We sent them a nice letter just asking to see a copy of the signed agreement. They sent a copy of the terms and conditions. So we sent them this:

 

 

Dear Sirs

CONSUMER CREDIT ACT 1974 (AS AMENDED)

Thank you for your communication in which you have enclosed a blank copy of the terms and conditions, despite my clear request for a copy of the signed agreement relating to this account.

Accordingly, I would be grateful if you would honour the request below with immediate effect; if you do not understand the implications of this request I suggest that you refer to your legal department.

I do not acknowledge any arrangement with your company using the subject account number and I therefore require you to supply, in accordance with s.78(1) of the Consumer Credit Act 1974 (As amended), a copy of the executed agreement relating to this alleged arrangement and any other document mentioned in it. I further require a statement of account showing any charges and/or transactions which have been applied to the account. I enclose payment of one Pound Sterling in consideration of the maximum statutory fee for a request of this nature.

You will be aware that the lack of a properly executed agreement in relation to a credit arrangement renders that arrangement unenforceable and is therefore a complete defence to any legal action brought.

You are to note that failure to respond appropriately to this request will result in complaints being made to the relevant statutory authorities, to include my expressed doubts as to your suitability to hold a Consumer Credit License.

I look forward to your prompt reply,

[Movingon]

They replied today (TODAY!! LOL) with a letter from "Lee Powell" (Actually signed W LEE POWELL), saying basically "Ahh - what you're asking for is called a Subject Access Request. Send us ten quid and we'll get right on it. Send it to Katherine Blunt."

 

 

So we sent them this tonight:

 

 

Dear Mrs Blunt

CONSUMER CREDIT ACT 1974 (AS AMENDED)

Please find enclosed my communication of 12th September this year, and a copy of your reply. I can confirm that I have not made a Subject Access Request as your letter states. I enclosed with my earlier communication payment of £1 in respect of the statutory fee for the request I have made.

 

This letter is formal notice to Capital One Bank plc that they are in default under s.78(1) of the Consumer Credit Act 1974 (as amended) as of 2nd October 2006 and may not enforce this credit arrangement while the default continues.

Yours sincerely,

[katesage]

Hi Stonelaughter and Mahala

 

Can you clarify the difference between the £1 request you have just made and the £10 DPA fee? Is this just to request a copy of the 'signed' agreement.

 

I'm interested because I keep coming across examples of this type of unsolicited lending and may take further action.

 

Also, you mention that if an account is opened unsolicited and you then spend on that card/account, any subsequent debts become unenforceable? What, totally! spending spree courtesy of Capital One then!?

 

Good luck guys

[Movingon]

Kate - under the Data Protection Act you are entitled to request all data a "Data Controller" holds on you, a "Data Subject". The Data Controller is permitted to charge you a maximum of £10 to facilitate such a request, which is made under s.40 of the Data Protection Act.

 

Completely separately from this, the Consumer Credit Act 1974 gives "a consumer" the rights to receive certain information about a credit agreement made between him and a licenced Consumer Credit Operator. A request made under s.77(1) (for fixed term/fixed amount borrowing) or s.78(1) (for "rolling" credit, credit cards, store cards etc) may be charged a maximum fee of £1 by the credit operator. The provisions of the Data Protection Act are not involved in a request of this nature, as it is being made under the Consumer Credit Act.

 

The "Prescribed period" mentioned in the excerpt below is 12 working days.

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

{...snip...}

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

[Movingon]

Latest developments:

 

They sent a copy of a signed agreement alright... for the card Mahala's using!! (i.e. the wrong one). They must think she's stoopid. They have also (today) returned her deposit cheque for £200 - quite out of the blue and without a covering letter.

 

Roll on 2nd November - when they will have committed an offence...