Capital One - Please Help

[animal_lover]

I sent off a CCA Request for my dads Cap One Account in September once recieved i sent off an account in dispute letter due to the fact that my dad is owed more in charges than the balance.

 

The letter was ignored and my dad started to recieve constant text messages from Cap One asking to get in touch regarding no payments on the account. That soon turned into constant phone calls.

 

My dad has told them on many occasions that the account was in dispute and until it is resolved then he wont be making any payments but they still call and text him on a regular basis.

 

I have sent off another account in dispute letter along with the Harassment letter that is on the site but there still ignoring it.

 

So i really need some advice on what we should do next, I've sent in for a reclaim of charges - with charges and contractual interest he is owed over £3000 and there offer was drum roll £40.

 

I've sent off a rejection letter and were still waiting to here about there next offer.

 

Any help will be greatly appreciated.

 

AL

[silverfox1961]

morning,

As i se it, I would wait to see what comes back from your rejection letter. If they won't budge I'd threaten them with court using a "Letter Before Action"

As the claim is for less than £5000 it should go to small claims court (I think)

This might make them think again.

I'm sure someone else could come up with a better idea than mine so hold fire till you get a few more answers.

 

fox

[animal_lover]

Hi Thanks for your reply.

 

Its more the level of calls my dads recieving that is the problem and that we need help with.

 

I dealt with Cap One myself late last year so i'm ok with the reclaiming part of things and how they work it's just the other side of things i'm not so sure about.

 

Thanks AL

Edited January 6, 2009 by animal_lover
Posted before finishing

[animal_lover]

I was just wondering if there was any legislation that goes with the account in dispute letter that says whilst the account is in dispute no further action can be taken and also to back up the not being allowed to take any further action on the account.

 

Thanks

 

AL

[Audreygreeneyes]

Hi animal as for the telephone calls if oyu are with BT and you give them the number they will call and give a warning. if they fail to heed that then BT will take action....

 

I would send the lba immediately...... adn would also send a letter to the FSA and OFT tellign them you have disputed the accout..... I thought once you were disputing it they coudl not pass it on until the matter had been resolved...

[LilyLou]

You could always send the Telephone harrasment letter found in the templates library.

 

Regards

LilyLou

[animal_lover]

Hi animal as for the telephone calls if oyu are with BT and you give them the number they will call and give a warning. if they fail to heed that then BT will take action....

 

I would send the lba immediately...... adn would also send a letter to the FSA and OFT tellign them you have disputed the accout..... I thought once you were disputing it they coudl not pass it on until the matter had been resolved...

 

Hi, Thanks for your reply.

 

They ring my dad on his mobile as he doesn't use a house phone. Is there something similar to what BT do but on mobiles?

 

I'll send in a complaint letter to FSA and OFT to let them know what's happening and i'll also send the LBA for the charges.

 

Thanks

 

AL

 

You could always send the Telephone harrasment letter found in the templates library.

 

Regards

LilyLou

 

Hi LilyLou,

 

I have already sent the telephone harassment letter to them, my dad has recieved a reply from them today about it. I can't scan it onto the computer yet as i don't live with my dad but i'll see if he will email it to me and then i'll type it up.

 

They don't half talk alot of rubbish thought it's amazing how stupid they must think there customers are.

 

I wish i could remember it or at least some of it but my memory isn't as good as it used to be

 

Thanks

 

AL

[Audreygreeneyes]

ok animal you could phone the mobile provider and tell them he is being harrassed and they woudl change his number free of charge and he shoudl keep all his contacts it would just mean textign everyone.... and ofcourse letting gps and the like know.....

[Audreygreeneyes]

Protection from Harassment Act 1997......... I think they could be charged under this.....might be worth writing to them and tellign them 1 more call and you will go to the police under the above act........

 

but I would first chage the number. that is the quickest way.... if they dont have it they cant use it:)

[animal_lover]

This is the letter my dad received from Capital One regarding the Harassment letter we sent to them.

 

Please can anyone advise me on what step to take next

 

Thanks

 

AL

 

Thank you for writing to me about the calls you have been receiving.

Our collections department has been calling the number you provided as a contact because you're currently behind with your payments and you're over your agreed credit limit of £XXXXX.

We have an obligation to contact you to inform you about the status of your account.Our collections team has been trying to speak to you to see why you have failed to bring your account up to date and to see if we can help in some way.

We use an automatic telephone system that continues to call you until we've

reached an agreement or your account is up to date.We do not find it unreasonable to do this and the calls will continue until one of these conditions is met.However,if you speak to us and update us on your situation we would be able to stop the calls for approximately eight days.

We will call anywhere between the hours of 9am to 9pm to discuss your situation and agree a suitable repayment arrangement, please call our collections team on 0800 9524966.They will be able to advise you of the best steps to take in order to bring your account up to date.They're available from Monday to Friday between 9am and 7pm and Saturday and Sunday between 9am and 1pm.

I hope I've explained things clearly,but if you do have any other questions, please write to me again.You'll find my address in the leaflet I've included, which also explains our complaints procedure.If i don't hear from you within four weeks I'll consider this matter closed

 

Two seperate Account in Dispute letters have been sent to explain why no payment has been sent along with a letter to reclaim the charges. When collections have spoke to my dad he has informed them of this also and they still continue to call.

[animal_lover]

ok animal you could phone the mobile provider and tell them he is being harrassed and they woudl change his number free of charge and he shoudl keep all his contacts it would just mean textign everyone.... and ofcourse letting gps and the like know.....

 

Protection from Harassment Act 1997......... I think they could be charged under this.....might be worth writing to them and tellign them 1 more call and you will go to the police under the above act........

 

but I would first chage the number. that is the quickest way.... if they dont have it they cant use it:-)

 

Hi audreygreeneyes,

 

Thanks for your reply.

 

I'll let my dad know regarding changing his number, Can they still do that with contract phones?

 

Also in the Account in dispute letter it says "whilst the account is in dispute no further action can be taken and also not being allowed to take any further action on the account till resolved.

Does the Protection from Harassment Act 1997 cover that or does it come under another act? If it does do you know which act it is?

 

I just wanted to clarify it to make sure.

 

Thanks for your help

 

AL

[animal_lover]

Bump - can anyone please help me especially with the legislation part.

 

AL

[animal_lover]

my dad has recieved a default notice today from Capital One and has also received over 40 calls in the past month regarding this account.

 

Apart from the things mentioned above is there anything else we can do in the mean time to stop them. As my dad doesn't get stressed out easilly but Cap One are really getting to him

 

Thanks

 

AL

[oggy1]

hi animal lover,

you do realise the fact that cap 1 will ignore any letters , phone calls and any legal notices you send them.

have you sent the lba with a shedule of charges and kept copies , did you send the letters recorded delivery .

if you have refused the offer cap 1 will just send the next letter saying the offer is the only offer they will make.

start legal action issue the papers and they will respond properly from then on.

if you need help let us know.

im on my 5th battle with cap 1.

[oggy1]

animal lover

make sure you record all the phone calls for court purposes.

[animal_lover]

Hi oggy1,

 

I've sent the pre-lim letter with the charges, I'm just about to send the LBA as i've already sent a rejection letter.

 

I've kept copies of all letters sent to them and i've kept all recorded delivery slips.

 

My dad has kept a list of most of the calls as there becoming more frequent there have been over 60 calls since November.

 

AL

[oggy1]

hi al

ok then, if you have sent the rejection letter issue the court form.

i would allow them 7 days to respond.

are you going for the standard 8% or the rate of interest they have charged.

you will find cap 1 will say they are defending the claim, and if as before they will settle.

dont forget to add your costs as well.

good luck

[animal_lover]

When I had my claim in last year i put both Contractual interest and the standard 8% and got some of both back.

 

I've sent the LBA today so i'm just gonna prepare the N1 to send to my local court in time for the 14 day perod to expire so i'm prepared.

 

What sort of costs should i claim? As i never claimed them for mine

 

Thanks

 

AL

[oggy1]

i have claimed £100.00 costs for preperation of the claim ie materials and hours spent

i included this in my claims and have been paid.

im sure that is ok maybe somebody can shed some light on this.

good luck , keep us posted.

[NapoleonJones]

What a terrible shame!

 

Thought I'd share this piece of sad news with some fellow devoted Capital One customers!

 

http://www.creditcarddebtbook.com/cr...r-capital-one/

 

Maybe the tide really is turning?

[animal_lover]

some more advice needed please.

 

I'm about to fill in the n1 for my dads claim against CapOne but wasn't sure how to add about the telephone harrassment as we still have the details for it.

 

would we be able to claim compensation and put it on the n1?

 

Thanks in advance

 

AL