AA99 v Capital One

[AA99]

Re: Capital One harassment

Well, lo and behold, yesterday, 14 October, I received an extremely pleasant and sympathetic letter from Crapital One.... thanking me for advising them of my current financial status....could they please just have a copy of Benefits awards... would sincerely like to administrate a suitable repayment plan... they absolutely do not want us to go bankrupt..... blah blah blah..... signed by Verity Billson, Specialist Support Unit Manager, letterhead POBox 5282, Nottingham NG2 3HX

 

:grin::grin:

[AA99]

Sorry, this is a bit back to front. The post below by myself was copied and pasted from a general thread. I have now started my own. Opened a credit card account in January 2004 at 14.7%, credit limit £800. 0.27p in credit from 23 November 2007.

 

Used the card again, in June 2008,

Jun 08 spent £806.97 at 24.09%, charges & int. £42.20 Balance £848.90

Jul 08 spent N I L charges & int. £43.59 Balance £892.49

Aug 08 spent N I L charges & int. £45.22 Balance £937.71

Sep 08 spent N I L charges & int. £45.72 Balance £957.96

 

Received a letter from them dated 13 August to pay £25.47 immediately to clear arrears. I paid on 26 August.

 

08 Sep 2008 I sent my Hardship covering letter together with I & E Form clearly showing we are on benefits and offering £20 p.m. to each Creditor.

 

14 Oct 2008 Received letter from Capital One dated 03 Oct 2008 acknowledging receipt of my letter per my post below, (requesting proof of income) allowing me 7 days to reply

 

17 Oct 2008 Received letter from Capital One dated 12 Oct 2008, balance is now £969.96 and "This may be your last chance to save your account and avoid more late or failure to pay default sums and/or over limit default sums being added."

 

:confused:

[AA99]

Sent today:

21st October 2008

Valerie Lipton

Director of Collections

Capital One Bank plc

P O Box 5282

NOTTINGHAM

NG2 3FB

Dear Valerie Lipton

ACCOUNT NO. xxxxxxxxxxxxxxxxxxxx– Reduced Payment Arrangement

I am in receipt of your letter of 3 October, received on 14 October 2008, acknowledging receipt of my Hardship Letter of 08 September together with Income & Expenditure Form.

As this letter stated you require copies of proof of income and expenditure within the next 7 days, this was obviously not possible!

Over and above what I have spent on this card, I am disappointed to see you have continued to add to the balance by adding further charges and interest, totalling £176.73 which has taken me over my credit limit by this amount! As shown on my I&E, I have a surplus to pay each of my creditors £20 p.m. which is what I have now agreed with other creditors, on the condition that these charges be refunded to my account. I shall then be within my credit limit and will be able to pay the reduced amount on the condition that interest and charges are frozen during this period.

Copies of relevant letters enclosed.

Telephone Harassment

I am also writing in relation to the quantity and frequency of telephone calls that I have very recently received from your company. Please take note that I deem your actions to be personally harassing. All inbound letters, calls and messages are logged and dated. It has been our private, family and business policy for several years now to avoid using the telephone when handling financial matters. In view of this, we will never answer Account Security Questions over the telephone rendering any inbound calls from your company totally pointless (Data Protection Act 1998). In fact, your company is already in breach of that Act by having spoken to both my husband and I without verifying this information.

 

I now require all further correspondence from your company to be made in writing only. This Notice applies to any and all of our dealings with your company.

Yours sincerely

[AA99]

UPDATE

 

Letter dated 30 Oct, recvd 05 Nov, acknowledging receipt of below letter, apologies for phone calls, want to be fair, can see I have contacted specialist support unit to set up repayment plan and freeze charges. If they set up plan, they won't need to phone again, if they don't hear in 4 weeks, they'll consider the matter closed.

 

I replied 5 November, referred to my I&E Form with supporting docs of 08 Sep, reclaimed charges back to 2004 plus interest totalling £250. No response yet.

 

Today, 12 Nov, received letter dated 10 Nov, from Power2Contact giving me 3 days to respond to Crap1 otherwise we'll be getting a visit!

:evil:

[AA99]

UPDATE

 

I have written to these people on 08 Sep, 21 October, 30 October with copies of my I&E and copies of proof, clearly showing my repayment offer. I have written again on 05 Nov reminding them of this and also reclaiming charges of £250 which would put me back well within my credit limit.

 

Today, 18th, I received a reply stating that before they consider my offer, could I provide a full list of unsecured creditors. If they don't hear from me within 28 days they want the full balance back. No mention of my claim for charges! Am I not shouting loud enough??

 

So far I have received correspondence from :

 

Verity Billson, Senior Manager

Power2Contact

Ellie Renshaw, Executive Office Manager

Valerie Lipton, Director of Collections

 

They all sound rather senior job titles but is anybody doing anything?

[AA99]

Letter received today dated 17 November, acknowledging receipt of my letter of 05 November but only refers to the 3 PPI items that were included in my list, no mention of all the £20 charges making up the balance!!!

 

QUOTE It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter. If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is. Thank you very much for being patient while we collect the information we need. UNQUOTE

 

:-x:-x

[AA99]

Letter received today dated 17 November, acknowledging receipt of my letter of 05 November but only refers to the 3 PPI items that were included in my list, no mention of all the £20 charges making up the balance!!!

 

QUOTE It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks of this letter. If for some reason our investigations take longer than four weeks, we'll contact you to tell you why this is. Thank you very much for being patient while we collect the information we need. UNQUOTE

 

:-x:-x

 

Letter of 18 Nov, recvd today 21 Nov, Notice of Default, if I dont pay overdue amount within 28 days, then blah blah blah ! signed by Michael Woodburn, Vice President of Collections

 

Think I shall have to send him a copy of Ellie Renshaw, Executive Office Manager's letter quoted above. Maybe I should just go in to their offices and tell them how to operate their admin/secretarial office functions:-x

[AA99]

Thanks for the support deedee I'm so down in the dumps with all my creditors right now and I think Christmas is compounding things.........

[AA99]

Deedee, what a lovely msg to wake up to, thank you so much. My signature hasn't shown up in these posts(?) but of course, we are laden with 3 x MBNA accounts @ 30+% which is when it all started going wrong and BC x 4 who are at least cooperating. My biggest worry is GE Money car loan because that is I suppose the only 'asset' we have although the poor car is now in negative equity. All my threads begin AA99 v ..... and I'd love it if you pop by!

 

Just received £200 worth of PPI from GE today on a BHS card I've had for 4 years, no quibble, I didn't even do a Statement of Charges and wrote 3 weeks ago to head office for a refund of mis-sold PPI. Will post that in the appropriate place

[AA99]

LBA going out today

 

AA99 v GEMoney/BHS Store Card - WON PPI

AA99 v MBNA x3 - Supposed CCA received for Accs.2&3, S.A.R - (Subject Access Request) awaited for all 3, threats being received

AA99 v Capital Onex2 - Reduced repayment plans offered - sent 3 times evidence of I & E, SOC's awaited - they require MORE evidence now & £8 refund offered

AA99 v GEMoney Car Loan - CCA received, awaiting reply to reduced repayment offer & charges

AA99 v Barclaycard x4 - Acc.1 interest frozen, repayment accepted, Acc.2 refused min.payment CCA awaited, Acc.3 interest frozen, repayment accepted, Acc.4 SOC awaited

NatWest - interest frozen, repayment accepted

Nationwide - interest frozen, repayment accepted

M & S More - interest frozen, repayment accepted, 1 day late payment - £12 added

http://petitions.number10.gov.uk/experian/ PLEASE SIGN

[AA99]

Thank you deedee. Had quite a vibrant morning today and also recorded a beeeeeeeeeeeeautiful phone call with Barclaycard, makes me laugh to think about it! Thanks for your support.

[AA99]

Letter dated 12 November, received today 25th (!), out of £250 charges + interest, they have offered, as a gesture of goodwill £72 (9 x £8 diffs).

Interest on this account now 29.5%

 

LBA off today!:?

[AA99]

LBA sent yesterday, 26th, but had 5 calls from them today!!!!!!! They're all recorded but what a day !

[AA99]

LBA sent yesterday, 26th, but had 5 calls from them today!!!!!!! They're all recorded but what a day !

 

LBA response due by 11 December

 

Threatening letter dated 2 December, received on 8 Dec from Michael Woodburn, Vice President of Collections, demanding overdue amount (ie. their charges!).

 

Letter dated 5 December, received on 11 December from Ellie Renshaw, Executive Office Manager, in response to my letter of 26 Nov LBA & CHARGES! thanking me for writing about mis-sold PPI and kindly offered to repay the premiums stating they are inclusive of all applicable interest although no interest has been added - Is this right?

With regard to the default sums since 2004, they are QUOTE looking into this matter UNQUOTE

 

The letter finished with the paragraph:

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the FOS with six months from the date of this letter. blah blah blah.

 

They have phoned about 12 times this weekend (all recorded of course)

 

Can I sue them yet

[AA99]

Letter dated 9 December, received today 15 December, have offered to refund the diff of £8 on 6 x £20 charges. I had requested full amount plus interest:confused:

 

Charges and interest have continued to accrue every month on my statements since this started in September, ie 4 months, so am still worse off :?

 

Do I now issue a Court Notice in view of the LBA threat to instigate if not replied to within 14 days or is the days doo daa not enough??:?

[AA99]

Letter dated 21 December, received today, Statement of Default, terminated account, right to demand full balance, notify CRA of default, may place my account with DCA who may use door-to-door collectors or begin legal proceedings...... Our nominated representative will contact you shortly.

:evil:

[AA99]

I want to apologise in advance, have been handling this on my own with them directly and have just posted this on the other thread:-

 

Re: Proposed Letter Before Action

Hi good Caggers! I had so forgotten this thread, and have been so busy with my creditors!

 

I have had at least 2 to 4 calls a day from Crap1 for weeeeeeeks now! Driving us barmy as it is usually some poor pathetic soul in the Third World who can barely speak English or a crusty-voiced Northern girl! I haven't exploded/imploded yet because one account is in OH name Cr.Limit £200 - durgh and one account is in my name Cr.Limit £800 - durgh and they have defaulted on everything so far. They are hounding us for their own charges. I have rejected their partial refund offers, issued a 2nd/Final LBA and lo and behold, I slipped in a CCA letter each

 

 

 

Have been constantly harassed on the phone for the 2 accounts by them and Freds DCA. Recorded a very pleasant phone call with them today and emailed them a copy of my letters to Cap1 posted yesterday

[AA99]

I spoke to Freds the other day, recorded of course, and offered to send them by email copies of documents I had sent to their client, Crap1, which I obligingly did. Saved a run to the post office....... Freds had asked me there and then on the phone to pay 30% of the arrears so they would back off. I asked them to kindly refer to the docs and write back....

[AA99]

Freds emailed me today, thank for the info, placed account on hold for 21 days. Please update them when I have received a response.

 

 

:eek:

[AA99]

This account has a credit limit of £200 ! I haven't bothered to open a thread on its own because of that! However, OH opened this account in May 2005 and had a credit balance from March 2006 to May 2008. It was used, regrettably, to withdraw £200 cash in June and of course the cash advance fee of £6 plus interest took him over the limit, that's when the charges started. I immediately paid the over limit amount in August as requested but since that time charges are now at £120.

 

Wrote on 8th September with I&E form and offer to repay the £200 at £20 p.m., the same as all creditors.

 

Wrote again on 21 October, bumping for a reply, asking for refund of charges and telephone harrassment. Received an acknowledgement to this letter on 5 November full of sympathy but they prefer to speak on the phone, could we phone them.

We wrote on 5 November requesting full refund of charges.

Letter received 12 Nov offering to refund 1 x £8.

Notices of Default sums received all through December.

 

We wrote 07 Jan 2009 requesting CCA, issued LBA and Rejected Refund offer.

Letter dated 08 Jan, received 13 Jan, Notice of Default served under section 87 (1) of the CCA 1974, giving 28 days to pay full amount over limit (their own charges of £120!)

 

Haven't had time to update my call recorder log but the calls have been endless and very rude.

[AA99]

Herewith a copy of my Final LBA/CCA/Reject Charges sent on 7 Jan 09:

 

 

And herewith a copy of their pathetic response dated 13 Jan 09, received today 21 Jan 09! :

 

 

[AA99]

In response to my letter of 07 Jan, which included CCA, Reject refund, and LBA threat, today received the following:

 

 

 

 

[AA99]

Any comments before I post this reply please:confused:

Ellie Renshaw

Executive Officer Manager

Capital One Bank plc

P O Box 5282

NOTTINGHAM

NG2 3HX

Dear Ellie

ACCOUNT NO. XXXXXXXXXXXXXXXXX

I am in receipt of your letter of 13 January, only received on 21 January.

This was in reply to my letter of 7 January to you wherein I accidentally misquoted the above account no. by 1 digit. It seems unfortunate that you were unable to trace my account by either my name, address, or even your own letter reference no. in my letter.

However, I would confirm that the Account No. quoted in the heading on this letter is now correct and as this letter is posted First Class with a Certificate of Posting, I should appreciate a written response very shortly.

Yours sincerely

AA99’s OH

[AA99]

OH Account - £200 credit limit

96 calls from 26 November 2008 - 31 January 2009

47 call in January alone!

[AA99]

Any comments before I post this reply please:confused:

 

Ellie Renshaw

Executive Officer Manager

Capital One Bank plc

P O Box 5282

NOTTINGHAM

NG2 3HX

 

Dear Ellie

 

ACCOUNT NO. XXXXXXXXXXXXXXXXX

 

I am in receipt of your letter of 13 January, only received on 21 January.

 

This was in reply to my letter of 7 January to you wherein I accidentally misquoted the above account no. by 1 digit. It seems unfortunate that you were unable to trace my account by either my name, address, or even your own letter reference no. in my letter.

 

However, I would confirm that the Account No. quoted in the heading on this letter is now correct and as this letter is posted First Class with a Certificate of Posting, I should appreciate a written response very shortly.

 

Yours sincerely

 

AA99’s OH

 

 

Reply from Ellie today dated 6 February. Thanks for informing us the correct account no. however, you have not enclosed your original letter and so I am unable to address your concerns. To explain, when we receive a letter we attach it to the associated account. As we did not have your account number we were unable to do this and I can not locate your letter.

 

The letter in question was of course, my CCA request with £1 p.o. plus Rejecting their offer of £8 refund of charges, plus LBA giving 14 days to comply.

 

Executive Office Manager - my A***