Starting the fight with Capital One

[lynne43]

Hi there, I'm just new to this site and glad to know that there is people out there in the same boat as myself, just wanted to know, I keep getting calls from Capital One about my acc, I've told them I'm not paying anymore as I've more than paid off what I owed them, but I did have another smaller acc, (which I've sinced cleared but had loads of charges on) does this also apply in claiming back the charges, gratefull for any help offered

[lukeyboyuk]

Were they both credit card accounts Lynne?

 

You can most definately claim your charges from them!

[lynne43]

thank for the reply lukey yeah they were both credit cards, when i send my first letter with a tenner does that cover both accounts or do i send them 20

[lukeyboyuk]

Good question that I can't answer for you.....

 

Any idea on this anyone else, a friend of mine is about to have the same issue else where!

[Guest Mumofthreeboys]

The DPA letter covers all accounts and information that any one company hold on you. So if you have two or more accounts with one company one DPA letter and one £10 for the lot.

[lynne43]

thanks for that guys. will get that letter of asap. i take it the first letter is just to ask about the charges on both acc's? will start with that first cheers:D

[Guest Mumofthreeboys]

I think maybe you should have a read of these http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[lynne43]

many thanks will be spending a lot of time reading lol. and have passed the word on, it's quite amazing the indepth help in here thanks.

[lynne43]

Just as an after thought, anyone know which address I should write to cheers!

[syrill-sneer]

The address to use is:

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

It's just taken them a little over a month to get my statements sent to me, and don't forget to send it via recorded delivery, i've read several stories claiming Capital one deny recieving any requests.

[lynne43]

thanks very much syrill xx will keep all informed of my progress.

[lynne43]

Hi there, just wanted to let you know that i sent the letter asking for my statements on 3rd Jan i believe they have 49 days to reply , i am also sending the harrassment letter off to them as they still keep phoning me despite repeated requests not to, will keep all informed of progress

[ukaviator]

Hi Lynn

 

40 days is the time. You should hear back well before then.

 

Uk

[lynne43]

thanks ukaviator i will wait with bated breath lol

[lynne43]

ok can anyone help, i came home from work today and in the post there was a letter from a company called DEBITAS, Capital One have passed on my details to them and they are trying to collect the balance of what i owe, i stopped paying Capital One on the grounds that i have more than paid what i owe and told them i would not be paying a penny more, this company Debitas are saying that if i don't pay them it could end up in court, help please

[martinhw]

Lynne.

 

Have you informed Capital One that you dispute the amount owing?

If you have, write to the debt collection agency stating that the account is in dispute, and they need to hand it back to Capital One. Accounts in dispute cannot be handed over or defaulted whilst in dispute.

 

If you have not informed Capital One, you need to do so by sending them a letter. Sending a S.A.R is not a notification of dispute as such.

 

Oh and don't phone them unless you are able to record the conversaion. All by letters - this way you have proof.

 

If you need the letters are in the templates section.

[lynne43]

thanks for the reply martin, no i haven't informed capital one that i am disputing the amount, i didn't think i had to, but i guess thats why we have great ppl like yourselves to help, lol, ok i will send that to them and a letter to the other company to tell them i am disputing the amount, thanks again for the advice

[lynne43]

could you tell me which letter in the library it is, i can't seem to find it, thanks

[martinhw]

I have not had time to search for the exact letter, but here is the post I have saved in my favourites. It is an A-Z of I can't find it's...

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/53241-cant-find-what-youre.html

 

Not my post - but It has helped me a LOT and THANK YOU to Michael Brown for creating it.

[lynne43]

Hi me again, i have just had a very nasty guy on the phone from debitas, spouting all and sundry about the charges being totally legal, and i told him i have sent them and cap one a letter disputing the amount and he then said it sounds like your trying to get out of paying them and why did i have a credit card in the first place if i had no intentions of paying it, to this i told him it was none of his business, what can i tell them when they phone back, and i'm quite sure they will keep calling. also i've just realised that the sar i sent was not recorded delivery, will this cause any problems, if they say they didn't recieve the request, what will happen to the cheque i sent?

[martinhw]

Lynne,

 

Don't panic.

I have dealt with a similar situation in the past in the following way:

As I understand the Data Protection Act, a creditor or it's collections departments / agents can not discuss account details without verifying the person on the phone is the account holder.

 

In this case most telephone call centers conversations go like this with me:

CC> "Is that Mrs. Lynne?"

ME> "Yes"

CC> "It's Call Center (CC) Capital One calling to discuss your account. Before we continue, can you please confirm your name and the first line of your address please?"

ME> "NO"

CC> "Excuse me?"

ME> "If you have something to say, please write me a letter. Thank You for calling"

 

Click down goes the phone.

 

Reasons for this:

- If they phone, you have NO evidence of their conversation of what either said.

- They can bully you into paying an amount you cannot afford

 

 

Usually if a letter has been sent via the post and it was not recorded delivery, a court will assume it delivered within 2 days. (I think)

 

We sent to Barclays via Recorded Mail and till today it shows as not delivered, but Barclays have responded to our request. so don't panic about it.

They will not always bank the cheque either. It depends on the bank / creditor.

[lynne43]

guys i've searched the site over and over again and can't find the letter disputing the amount, would it be ok if i just sent them a letter telling them i am disputing the amount, the charges and the interest on both accounts, my eyes are sore with all the reading lol

[lynne43]

thanks martin, youv'e put my mind at rest and i will certainly be saying that on the phone from now on

[lynne43]

Hi just wanted to add that today i sent off 2 letter each to cap one and debitas, one disputing the amounts charges and interest and one harrasement by telephone, debitas called this morning about 10am, and again this eveing around 6pm, the first call was silent as was a similar call on friday evening. the call this evening was the normal can i confirm my d.o.b, i told them no, he asked why and i replied if you have something to say please write me a letter thanked him and said bye bye

[martinhw]

That's the way Lynne. Bet it felt just a little better not having to deal with their bully tactics on the phone!

Keep to your timetables, and let me know when you get your statements etc. We'll help you to work out contractual interest, or if you just want to go for statutory interest. Contractual is what I went for, and it took our claim of £508.00 to £1416.70 on my wife's account. - She had charges as far back as 2001.