Me v's Capital One :o)

[jdonaldson]

Need some advice here - I am getting to the point of feeling VERY harrassed by Capital One

 

Usual story went over my limit by £10 - got charged for going over limit then missed a payment, and end up with stupid charges and being £250 odd over limit (becuase of charges and interest)

 

The hound me, phoning house phone, mobile and texts to mobile - I tell them I will pay £50 a month by online banking - they carry on phoning me every 8 days - I keep telling them the same thing and making the payments. They still keep ringing me.

 

They have now stopped the chargers for being over the limit (how kind!?!?!) but say even though I am making regular payments LEGALLY they have to ring my every 8 days until I am back within my limit (about 5 months paying the £50 a month)

 

Can anyone help me to find out if this is correct :o/ Getting the phone calls nearly once a week, telling them the same thing.

 

I haven't tried to claim back any charges from capital one - I sent the first letter to nationwide and got the standard we make these charges because letter. I don't think I can face chasing Nationwide or captial one on the matter if I am not going to get anywhere

 

Just really don't beleive that legally they have to stay in contact with me all the time I am over my limit and ring me every 8 days.

 

Any advice or help would be very much appreciated

[sportbeth]

Hmmmm - I've read the OFT regulations and a lot of the other legislation regarding debt collection practice and I don't remember hearing this. I'd suspect "legally" translates to "My boss told me to"

 

If it is a legal requirement, I suggest you do the following:-

 

on the next phone call answer with "by law I have to inform you that I am recording this telephone conversation" They will either drop the phone in their rush to hang up or I believe that they will have to be nice.

 

Alternatively write to them quoting the OFT regs on Harassment. 2.2 I believe where it states "examples of unfair practices are as follows:-

 

G: Ignoring or disregarding Debtors legitimate wishes in respect of when and where to contact them.

 

State that you wish all correspondance to be in writing.

 

Out of interest are you trying to pay off excess charges? If so just state that the account is in dispute and won't be paid until Capital One have removed the excess charges

[jdonaldson]

I don't understand what you mean about paying off the charges - I am jsut paying them the money to stop me bing over my limit - I ahve not used the card since my original going over of about a tenner - the rest of the £300 odd is due to interest and charges alone.

 

Should I start a case with them trying to claim back the amount of charges and also send a seperate letter detailing about only being contacted by writitng.

 

Thanks for your help - this is all really stressing me out about the phone calls - I am paying what I can afford off the balance regularly - and it jstu feels that unless I can majically find £300 I am gonna be getting weekly calls for the next 5 months :'(

[Spiceskull]

Write to them informing them that they are not to call you anymore and that all contact will be through the post.

If they continue to phone then they are in breach of the Wirless Telegraphy Act (1947?).

 

More info on this thread: http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&p=15351

[jdonaldson]

Cheers for the advice

 

Just drafted this letter - it is perhaps a bit too rude but exaclty the way I am feeling right now!!

 

Does it sound ok?

 

I am writing to express my serious concerns regarding the amount and frequency of phone calls I have been receiving from Capital One.

 

My account is over its limit, in the most due to your excessive charges (which I will be pursuing separately)

 

I have made a verbal agreement with several of your members of staff that I will be paying £50 a month. I made this agreement several months ago and yet I am still receiving weekly phone calls to my house phone and mobile. I am also receiving text messages.

 

I have requested that these stop, but I have been informed by your staff that legally you have to carry on with them. I would be interested to be informed of where this is stated and who by.

 

I am now requesting that all further correspondence is in writing. This seems to be especially appropriate as very few people employed by yourselves seem to have the ability to type what I am say and telling them into the keyboard in front of them. I refuse to repeat the same story one more time.

 

To make it clear I will be at present paying £50 a month, until I further investigate the legalities of the charges you have levied on my account.

 

I demand the phone calls stop immediately. I have enquired about the legalities of this harassment and I am familiar with the terms of Section 40 of the Administration of Justice Act. And I believe with your harassment you are in breach of this.

 

If you continue to call you will be in breach of the Wireless Telegraphy Act (1949) and I will take action on this.

[Spiceskull]

I am writing to express my serious concerns regarding the amount and frequency of phone calls I have been receiving from Capital One.

 

My account is over its limit, in the most due to your excessive charges (which I will be pursuing separately)

 

I have made verbal agreements with several members of your staff that I will be paying £50 a month. I made these agreements several months ago, yet I am still receiving weekly phone calls to my house phone and mobile. I am also receiving text messages.

 

I have requested that these stop, but I have been informed by your staff that legally you have to carry on with them. I would be interested to be informed of where this is stated and who by.

 

I am now requesting that all further correspondence is in writing. This seems to be especially appropriate as very few people employed by yourselves seem to have the ability to type what I am saying and telling them into the keyboard in front of them. I refuse to repeat the same story one more time.

 

To make it clear I will be at present paying £50 a month, until I further investigate the legalities of the charges you have levied on my account.

 

I demand the phone calls stop immediately. I have enquired about the legalities of this harassment and I am familiar with the terms of Section 40 of the Administration of Justice Act. And I believe with your harassment you are in breach of this.

 

If you continue to call you will be in breach of the Wireless Telegraphy Act (1949) and I will take action on this.

Apart from the slight amendments in red, that sounds good to me. I am sure the calls will stop. Good luck.

[jdonaldson]

Thanks for that

 

As you can tell my spelling is rather poor!!

 

Feels like a big relief already taking action instead of worrying about it all - I am definalty going to send them the letter about excessive charges too.

 

Thanks Again

[Spiceskull]

Give them time to receive the letter (perhaps two days) and if you get another call, come back to the group for more advice, although I am sure the calls will stop.

[Maxie]

8 times a day? Thye have to call? That is total b*llsh*t!!

 

Lets list the law they are violating:

 

1) Section 40 Administration of Justice Act 1970

2) Proection from Harassment act 1970 (most of it)

3) Article 8 Human Right Act 1990 - Right to repspect for private and family life.

 

Write to them (PM me and I'll do you a letter) asking them to inform you under what authoirty that must call you 8 times a day and if they don't stop it, you take action against them under the above acts.

[Spiceskull]

It was every 8 days - not 8 times a day...

[Maxie]

It was every 8 days - not 8 times a day...

 

The same principle applies - what legal authority do they have to do this? None.

[Wheresmedoughgone]

I know how you feel - they phone me at home, work mobile, personal mobile and mother home about 6 times a day.

 

Really getting my back up.

 

Spoke to them today and asked for copies of my statements from when i got credit card. Told me I would have them in 7-10 days - no charge.

[sportbeth]

A very useful lesson that I learnt last year.

 

During a time of ridiculous personal problems my employer then completely took the ££** and didn't pay me. I was £3k down after the second time he promised me payment and didn't give it to me.

 

Over the space of a month all the accounts I had (1 Credit Card, 1 Mobile phone provider, 1 bank account, 1 storecard, 1 gas supplier and 1 electricity provider) all started phoning me.

 

I eventually got this all sorted with the help of online groups like this.

 

I never ever intend to get into this situation again. But two very big lessons were learnt.

 

As soon as I (god forbid) get in trouble again I will write to everyone, never phone them.

 

I will never give out my correct home or mobile number to any provider ever again. Why should I? They're never going to phone me with any useful information, they will only phone me if THEY want something. And it's my personal right to keep my numbers private. Just like I have signed up to the Telephone Preference Service, I also reel off both my old numbers like they are still mine.

 

Rant over, but at least I now know that my privacy is my own at last!!!!

[Beckiboo2]

Hi, I've had the same problem.

 

Capital one phone me up to 8 times a day, day after day if I don't answer the phone.

 

They also continue to phone me at work, even though I have never given them my work number (I think I called them once on the office phone which must be how they got it). I have repeatedly asked them to delete the number off my record but they still ring!

 

I've told them how much I can afford to pay and that I'll pay the same amount each month on the 24th via internet banking. Yet they still keep calling me. I've become so sick of it that I just ignore calls that I don't recognise the number to or are withheld.

 

They never leave an answerphone message though....

[jdonaldson]

Just ot give a quick update on this - they replied saying sorry. They have taken both my numbers off the system.

 

They have refunded a couple of charges too.

 

Thanks again everyone for the advice!

 

:o)

[Robert_Brenchley]

Since I made the mistake of mentioning 'unlawful charges' to Capital One in a phone call last week, I've been recieving multiple phone calls a day, sometimes quite aggressive. Thanks for all the advice here; I'll be writing a suitable letter tonight. If nothing else, it's unfair on my family to have these idiots on the phone all the time.

[Robert_Brenchley]

Hopefully this will sort it:

 

Katherine Blunt,

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

Dear Ms. Blunt,

 

Over the last few days I have been receiving a string of phone calls from you regarding a missed payment. I should point out, as I have already done verbally, that the problem is solely due to your unlawful charges against my account, which I shall be pursuing separately. These phone calls have been coming at the rate of several a day, and were initiated by a woman describing herself as your Accounts Manager.

 

This clearly constitutes unlawful harassment, and breaches:

 

1) Section 40 Administration of Justice Act 1970.

2) Protection from Harassment act 1970.

3) Article 8 Human Right Act 1990 - Right to respect for private and family life.

 

If you do not wish me to take action against you under the above Acts, I require these calls to cease immediately. In addition, I am no longer willing to communicate with you via the phone. Any further communications must be in writing ONLY, to the above address.

 

 

Yours sincerely,

 

 

 

 

Robert Brenchley

[Joh7n]

Hey

I HAVE been getting calls from Halifax Visa and Capital 1 , the calls start from eight in the morning (they have woken me on several occasions) right through to eleven at night constantly, I would say at least 19 times a day between them

I have 2 different ringtones/numbers on my phone and they have started ringing on my friends and family ring

They have now stated to withold their numbers, so I am missing calls from other people including my Mother as I have not been answering the phone to witheld numbers, usually my husband answers and asks them to leave a message.

I will get this letter off straightaway

Thanks Alot all of you, my life is being made a misery and my confidence is through the floor with all this

[Robert_Brenchley]

I've just checked with my daughters, who field most of the phone calls. I sent me letter to Capital One the day before yesterday, had a pretty sharp word with a caller yesterday, and the calls appear to have stopped. Try the same approach.

[Joh7n]

Hi

Thanks for advice

I am sending all my DPAs etc tomorrow and have included a letter similar to your own

On Monday I will be answering the phone again (releif) and informing everyone of the letters and that the account is in dispute so get off my back.

You know they have even been calling at the weekend, I think its discusting that they are allowed to bully us in our own homes

I hope EVERYONE WINS and bankrupts the b######!

I can't beleive they have got away with it for so long!

[maggie]

i sent the letter posted here about the harassment laws by spiceskull,to crap 1 ,and i received a reply from a lee powell this morning ,informing me that crap 1 ,s legal dept say it is not harassment to ring all the time,only if it were several times a day,or at unreasonable times of the day,e.g.=in the middle of the night.and he also informs me in black and white ,that their calls will continue to be made,until my arrears of £100.00 are paid,then he states that the calls will stop.he has given me a month to reply to him.SPICESKULL or anyone ,please help.i need to reply to this lee powell.

[whistleblowing fairy]

I agree with the comments made about putting everything in writing (see my thread under general, if the original charge was caused due to fin dif) but you may still need to speak to them once on the phone just so they know. Until they receive your letter they just assume you won't pay not can't pay and call more.

 

However, I completely and utterly disagree with giving banks false numbers. In May alone we prevented over £400 000 of fraud by calling customers to check unusal spending patterns. If the bank can't speak to you about possible fraud, then they have to write which could leave more fraud trans/identity theft etc.

[Askthebarman]

Just get a pay-as-you go phone and give them that number !!!

[Rooster-UK]

Capital One are the worst of an extremely troublesome bunch. I take great delight in being snotty with them.

 

But never fear, Capital One, my Wife and one of my Sons both have accounts wi th you.

 

I'm coming to get you......

[Movingon]

i sent the letter posted here about the harassment laws by spiceskull,to crap 1 ,and i received a reply from a lee powell this morning ,informing me that crap 1 ,s legal dept say it is not harassment to ring all the time,only if it were several times a day,or at unreasonable times of the day,e.g.=in the middle of the night.and he also informs me in black and white ,that their calls will continue to be made,until my arrears of £100.00 are paid,then he states that the calls will stop.he has given me a month to reply to him.SPICESKULL or anyone ,please help.i need to reply to this lee powell.

 

Having requested them to stop, if they call you again, they have committed a criminal offence under the Wireless Telegraphy Act of 1949. In fact they have informed you in writing that they intend to carry out this pre-meditated crime. If they call again I would call the Police and report them to OFTEL. Make sure that both have copies of the letters.