Capital One - Reduced payment arrangement

[JOSH_IOU]

well i guess they might employ some of us if they dont consider us a threat to there extortion fee/charge regime.

 

Have any of you recived a letter saying your account has been sold yet?

I got one saying they sold it to Cahbot.

[alfwithhair]

Have any of you recived a letter saying your account has been sold yet?

I got one saying they sold it to Cahbot.

 

No, but I bet I do before the CCA turns up.

[alfwithhair]

CCA request send today - 12 days and counting.

 

They signed for it;

"Your item with reference DL785XXXXXX1GB was delivered from our NOTTINGHAM Delivery Office on 22/10/08."

 

So the clock in ticking.

[The GodMother]

Remember its 12 dadys from today and working days, the delivery day is not counted.

[willtheywontthey]

the default notice states pay etc 'before date shown' and I bet there is not an actual date? There is supposed to be one from what I read ages ago (prescrived terms) but then again lots of things should happen / not happen and Capital One ignore the rules.

 

I am in similar pickle except mine is on 'stall' for now until FOS spends some time knitting a Xmas jumper for Capital One. Would be interested to knwo what can eb done if Capital One do nto show the date and if it is needed for prescribed terms.

 

1. I guess best not to tell Capital One or they will correct it and send a new one?

2. Wait for a default and then try to remove it?? How? (impossible most likely)

3. Would ICO or FOS or Experian actually do anything about prescribed terms being incorrect on a default notice or are they all useless in this case also??

[The GodMother]

the default notice states pay etc 'before date shown' and I bet there is not an actual date? There is supposed to be one from what I read ages ago (prescrived terms) but then again lots of things should happen / not happen and Capital One ignore the rules.

 

I am in similar pickle except mine is on 'stall' for now until FOS spends some time knitting a Xmas jumper for Capital One. Would be interested to knwo what can eb done if Capital One do nto show the date and if it is needed for prescribed terms.

 

1. I guess best not to tell Capital One or they will correct it and send a new one?

2. Wait for a default and then try to remove it?? How? (impossible most likely)

3. Would Information Commissioners Office or FOS or Experian actually do anything about prescribed terms being incorrect on a default notice or are they all useless in this case also??

 

I had not noticed that.

I would imagine that no deault exists but please dont take my word for it.

[alfwithhair]

I have today received a reply from The Information Commissioners Office with regards to Capital Ones statement in their last letter;

 

"The reduced payment plans that we offer have been reviewed after industry wide recommendations from the informations commissioner"

 

Information Commissioners Office's response is;

 

Thank you for your enquiry dated 23 October 2008 regarding a letter you have received from Capital One.

I understand from your correspondence that you have recently received a letter from Ellie Renshaw, Executive Office Manager at Capital One which states that the repayment plan you were in with Capital One was no longer available and makes reference to the Information Commissioners Office. The exact quote being “the reduced payment plans that we offer have been reviewed after industry wide recommendations from the ‘Information Commissioner’s Office’”

You are correct in your assertion that the Information Commissioners Office has no jurisdiction over payment arrangements.

 

The Information Commissioners Office has not made any recommendations to Capital One (or anyone else) about what payment plans they can or cannot offer to their customers.

 

However I should point out that we do have an interest in so far as ensuring that the information recorded about an individual who has entered into a repayment plan is fair and accurate. We have provided Capital One, along with the other lenders, with advice, in accordance with our published guidance on filing defaults with credit reference agencies, on the implications of various payment arrangements for the recording of defaults.

 

Our guidance on filing defaults can be found here .

 

As this is the first time this has been brought to our attention we would be very keen to see a copy of the letter if you are willing to share this with us? Obviously we understand that you may wish to redact any information relating to you personally, or we could do this for you, but it would be very useful if we could see the context in which this statement was made before we make an approach to Capital One.

 

If you would feel happy with sending us a copy of the letter you could do this either via email if you have access to a scanner, via fax on 01625 524510 or via the post to The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Please quote the above reference on any correspondence that you may send into this office. This means that your correspondence will come straight into the case and to my attention much quicker than without the reference number.

 

I hope this information is useful and thank you for bringing this to our attention.

 

 

So it would appear that Captial One were indeed telling porkie pies as usual. I am sending a copy of the letter to the Information Commissioners Office later today and will update you all of their response.

[citizenB]

Excellent news. Keep us updated alf

[The GodMother]

What a suprise.

[atwozee]

Alf, I have pm’d you.

[alfwithhair]

Alf, I have pm’d you.

 

Thank you for the PM

Problem is now rectified.

Alf

[alfwithhair]

Quick update.

Fax this morning from ICO;

 

Dear Mr

Thank you for your fax and the attached Capital One letter that I requested. This case will now be passed to our Policy department for further investigation and discussion with Capital One.

If you have any further queries in the mean time please email in quoting the above reference number.

[citizenB]

Progress by the sounds of things alf.

[The GodMother]

Yep. Looks like u may get the reduced payment plan with not strings after all.

[alfwithhair]

If anyone was wonder if I got a reply to my CCA request last week, the answer is YES I DID.

 

For it being a valid CCA, well thats another story. What they sent is here;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166753-capital-one-reply-my.html#post1797331

 

Utter tosh as always from the sheriffs of Nottingham

[alfwithhair]

Well more delelopments from Crap One this morning from Verity Bilgeworthy, agreeing to the reduced payment plan that they told me they 'no longer offered' as per Information Commissioners Office recommendations.

 

 

As you will notice it it dated 15/10/08 but very conveniently turns up this morning 5th November, the very date that the first payment was due to be made by. So the next letter I will be expecting will be ;your plan has ended as you failed to make payment on time'.

 

Now after recieving their so called compliant response to my CCA request

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166753-capital-one-reply-my.html

 

I don't know wether to bother making any payments to them. If this is all the can come up with there is no chance they can enforce it.

This brings to point their comment that now I am on a payment plan (I have been on one for nearly two years) I will receive a 'default notice letter'. Funny, they sent that already. A default notice letter but this is not a default notice.

 

Also how can they default an account they have failed to provide any agreement for?

 

I would welcome your comments and suggestions as to how to proceed with these idiots.

 

Thanks

Alf

[citizenB]

 

I would welcome your comments and suggestions as to how to proceed with these idiots.

 

Thanks

Alf

 

Does anyone have any paracetamol:confused:

 

Alf, Capital 1 appear to have some continuity problems dont they ?. Have you been maintaining the original payment plan ?.

[alfwithhair]

Does anyone have any paracetamol:confused:

 

Alf, Capital 1 appear to have some continuity problems dont they ?. Have you been maintaining the original payment plan ?.

 

Yes never missed a payment, even made payments after they said it was 'no longer availabe'

[alfwithhair]

Got a letter from Crap One a few weeks back, 'my reduced payment plan' is due for reveiw.

 

Fair enough, it is 6 months, sent them all the usual crap and received this reply today.

 

"Thank you for your recent letter.

 

Unfortunately, I'm unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiture on it.

 

Signed by the loverly Verity Bilgeworthy."

 

Now I have sent these reveiw letters in for the last two years and never signed them apart from a digital signiture, so am a bit reluctant to give my signiture, as they were also CCA'ed in Nov 08

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166753-capital-one-reply-my.html

 

Which didn't result in anything enforcable being produced. As they have played ball in the past, I have continued to make these reduced payments, but am wondering if this CCA request is on the files and they know it is usless and this is their feeble attempt to get hold of a copy of my signiture.

 

Can they demand I personally sign before they will proceed with my request or not?

 

If they are going to start their P**sing about they can wistle for the reduced payment and I will dispute the account as they have provided nothing enforceable.

[babydoll0141917]

Hi

 

They dont need ure sig May be they want to copy and paste it !! i had the same thing with crap1 ..in April last yr i CCAed them they wanted my sig..they didnt get it ,,they have been lettin me pay a 1.00 per mth,,think mine is up for renewal soon,,once they start i will remind that the account is in default of a CCA request and has been since april 08

[alfwithhair]

Hi

 

They dont need ure sig May be they want to copy and paste it !! i had the same thing with crap1 ..in April last yr i CCAed them they wanted my sig..they didnt get it ,,they have been lettin me pay a 1.00 per mth,,think mine is up for renewal soon,,once they start i will remind that the account is in default of a CCA request and has been since april 08

 

So you are also paying them reduced payments, dispite them failing to provide any enforceable paperwork?

 

They didn't ask for my signiture when I sent the CCA request in Nov 08, they are asking for it before they will consider reveiwing the reduced payment arrangement. I agree with you, it is a bit strange they should start asking for it now. I don't trust any of these companies.

[babydoll0141917]

Hi

 

Yeh im paying them for now(stupid i know) It just kepted them off me back for a while so i could sort other CCAS.. but if and when they start wanting me to pay the whole lot in 1 go then i will stop paying them..DITTO I dont trust them either,,they are all devious gits

[alfwithhair]

Got a letter from Crap One a few weeks back, 'my reduced payment plan' is due for reveiw.

 

Fair enough, it is 6 months, sent them all the usual crap and received this reply today.

 

"Thank you for your recent letter.

 

Unfortunately, I'm unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiture on it.

 

Signed by the loverly Verity Bilgeworthy."

 

Now I have sent these reveiw letters in for the last two years and never signed them apart from a digital signiture, so am a bit reluctant to give my signiture, as they were also CCA'ed in Nov 08

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166753-capital-one-reply-my.html

 

Which didn't result in anything enforcable being produced. As they have played ball in the past, I have continued to make these reduced payments, but am wondering if this CCA request is on the files and they know it is usless and this is their feeble attempt to get hold of a copy of my signiture.

 

Can they demand I personally sign before they will proceed with my request or not?

 

If they are going to start their P**sing about they can wistle for the reduced payment and I will dispute the account as they have provided nothing enforceable.

 

Well never answered the crap one fools after there last letter.

This morning another letter

 

"We do not seem to have recieved your signed I&E form" (that could be because I never sent it to you)

 

"However we are in this instance prepared to allow you to continue a reduced payment plan of £X.XX a month for the next 6 months. After which we will contact you again for a FULL statement of affairs. Please reply to ALL LETTERS AND TELEPHONE CALLS, it is in your interest to do so" (yeh right, if you say so. LOL)

 

What a load of numpties work in that place.

 

Maybe they have realised that what they send as an agreement is about as much use as a chocolate fire guard, so are happy to take anything I offer now. Makes a change to have the upper hand.

 

If they start their funny business again within the 6 months, will be 'account in dispute' letter off to them and no payments, reduced or other wise.

[citizenB]

left hand - right hand = confusion... This IS Capital One, Alf

[The GodMother]

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