Capital One - Group FOS Complaint

[keefyboy]

Hi Keefy.

I also have an agreement with C1 and I believe it to be unenforceable. I have stopped making payments and written all my letters with the words 'account in dispute' at the head of them - but I'm not sure what relevance doing this actually has. What piece of legislation are we relying on when we state our 'account is in dispute'?

 

Its not just a case of writing a letter with Account in Dispute on, you have to send a request under the CCA asking for a True Copy of your Agreement, then send it to them recorded delivery and so on... I suggest you go up to the search button above and type in my name "Keefyboy" and when the results come up select keefyboy v cap1 then have a read through my thread and you will get the jist of what is happening and what you need to do and the legal requirements.

Don't just read my thread have a search around for other threads as they are all slightly different but all of just the same thing trying to find out if we have Enforceable Agreements.

 

There has been some successes on challenges to Cap1 in court but they tend to try and settle out of court so they don't get the bad press, but they are starting to upset the courts because of leaving it to the last minute to settle, which wastes the courts time and money.

 

This is a long winded situation as they all seem to try and stall all the time, passing to to Debt Collection Agencies when they are not allowed to by law, then they waste even more time by transferring it back again, then they send out the so called threatening legal action letters and so on. But have a good read in this section of the Consumer Action Groups and see what has been happening and how we have all been treated.

 

KB

[brooooooooooce]

Hi again. I think you misunderstand me slightly. I have CCA'd and SAR'd my creditors. I have whatever purported 'agreements' they allege are compliant.

One creditor wrote back (not C1) a one line letter saying it couldn't find the agreement, then it wrote back with a blank application (partially fulfilling s.78, as it never provided a statement of account) but then it issued a Default Notice and terminated my account when I stopped paying. This is despite my continuing to argue the account was in dispute - surely the admitted absence of any agreement is a valid dispute?

 

So again my question remains which piece legislation are we relying upon when claiming that an 'account is dispute'?

[egg-sterminator]

Following on from mass email complaint, I finally sent off the hard copies to FOS yesterday, a lot of them but what a pleasure!

 

Am also a bit stuck at home with OH with swine flu for 7 days now:( Get the Tamiflu guys, it works!

Me to last 2 weeks ago . Tamiflu didn't do much for me though .

[AA99]

Me to last 2 weeks ago . Tamiflu didn't do much for me though .

 

 

Yeah, him indoors finished his 5-day course today, and although a lot better, is very weak............. playing it day by day, little one's come home from school today with all the symptoms too:( It is rife at the moment apparently:(

[egg-sterminator]

Yeah, him indoors finished his 5-day course today, and although a lot better, is very weak............. playing it day by day, little one's come home from school today with all the symptoms too:( It is rife at the moment apparently:(

My 5 year old girl bounced through it in 3 days so fingers crossed for you as the ladies know we men always have far worse symptoms:D . On topic again do i start my initial complaint against cap1 online?

[keefyboy]

Hi Brooooooooooooooooce

Have a read through some of the threads on this section of the CAG, you will find all the info regarding which sections of the CCA 1974 this applies to.

Here is some info from my own thread against cap1

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

You will find other info on other peoples threads as well, people who have even taken the steps of issuing court proceedings against crap1.

 

Use the search facility above and if you type in keefyboy and ask it to show threads, you will get a list up of all the threads that I am involved in, including this one, my own battle with cap1 and Lloyds TSB, and other threads..

 

If you require specific details, thenI suggest that you start your own thread up putting all the details on (making sure you blank out anything that can identify you personally including barcodes on cap1 letters, and post them onto your thread, then we can see exactly what you have done so far and advise you accordingly.

 

Kb:smile::smile:

[FCC]

Tell 'em to pay it into my CrapOne account, less their fee, of course.

[AA99]

Right, we've fought off the flu and colds, I've rearranged my pc corner, files, shelves, etc, and the fight is on......

 

I received a letter from the ICO yesterday with regard to a complaint against CapOne made back in April! I haven't uploaded it all but the point I want to make is how many times they referred me to the FOS so think I'm going to push the reminder button with the FOS complaint and see how many times I get referred on to someone else:mad::mad:

 

Re: AA99 v Capital One

Quote:

Originally Posted by AA99

Reported Capital One to Information Commissioners Office in April and to FOS in October:-x

 

I finally got a reply from Information Commissioners Office yesterday - 8 months:cry:

 

In response to my complaint, their answers, over 4 pages, basically go like this:evil:

 

1. CapOne have failed to respond to your request under the CCA

 

Go to OFT

 

2. CapOne are harassing you through telephone calls and the use of debt collection agencies.

 

Go to OFT

 

3. CapOne filed a default with the cra due to charges incurred on your account.

 

The 4th principle, personal data shall be accurate and, where necessary, kept up to date.

 

Information Commissioners Office does not have the power to decide if this is correct. We simply do not have the expertise to look at an individual's credit agreement.

 

Go to the FOS or court but we think CapOne has complied with the Data Protection Act

 

4. CapOne has disclosed third party account information to you

 

It may be that CapOne's procedures for ensuring compliance with the Data Protection Act could be strengthened. I will therefore write to them to recommend the steps they should take to help ensure future compliance with the Data Protection Act.

 

CASED CLOSED - GOODBYE!

[keefyboy]

well wot a surprise, they are just passing the buck as usual, they basically don't want to enforce what should be enforced because they don't want to upset the companies.

 

After the dealings I have had with information commisioners office, NO REPLY to my letter in February this year, not even an acknowledgement, the FSO, who when they challenged Crap1, said I did not have a case because they sent to me documents that cap1 sent them, which was a photocopy of my OH's application form, and other documents which did not comply with the CCA, and Trading standards again no reply from February, and the final thing was the FSO for my complaint where they have phoned me 4 times with regard to my complaint about PPI and CCA, but they have said absolutely nothing about the CCA, they are just a great big waste of TIME AND SPACE. But the trouble is there is noone that has the guts to sort them out, and make them enforce the law and MAKE these companies obey the laws. My case with Lloyds TSB has not been answered by ICO, Trading Standards or the FSO have bothered to acknowledge, Lloyds TSB think that an Enforceable agreement is a copy of your monthly statement and 14 days means 8-12 weeks......

 

But I will carry on, I will fight for my rights all the way to court if I need to.. because we aint gonna get any help from these waste of space organisations.....

 

KB

Edited December 5, 2009 by keefyboy
to correct spelin and dots and spaces...

[AA99]

It's ridiculous isn't it?! If I do get passed on, I'm going to pass it on to my local MP. It really is quite outrageous...

[willtheywontthey]

am also about to provide ICO with reasons why Capital One and separately Lowells 'Inc' have not complied wiht SAR. All previous complaints only ever lead to the OC or DCA need to improve systems. Watse of time really isn;t it the ICO?

[keefyboy]

I'm sure that thes official watchdog are staffed by people who are working in the credit card and other financial companies, because none of them have the guts to stand up to them, they are scared they might upset them, TOUGH !! thats what is needed, hit one of these companies witha big fine and MAKE them play by the rules, aqnd if they dont then hit them again and pull their licences until they do comply, thats what the rules are there for, not siting on the fence as they are doing now...

[lowwill]

I've had a response finally regarding my requested SAR saying they need another copy of my signature (ie, Passport, driving licence) no mention of being outside of the time limit for requests. Am I obliged to provide another copy of my signature

[silverfox1961]

Hi Lowwill,

Unfortunately they are in the driving seat with this so here is a little trick for you.

Photocopy your driving licence

Add a little flourish to your signature (this makes it positively identifiable)

Photocopy the photocopy and send them that, keeping the original photocopy for evidence (not that Cap1 would "lift" your signature )

[AA99]

I had a response from the ICO in the first week of December practically washing their hands of me, except for the one instance where CapOne sent me someone else's information!

 

It may be that Capital One's procedures for ensuring compliance with the DPA could be strengthened. I will therefore write to them to recommend the steps they should take to help ensure future compliance with the DPA.

Today, I received a reply from FOS saying that I hadn't enclosed the 'final response' letter from CapOne. This I have happily sent to them today as my Notice of Assignment letter came directly from Lowells and isn't even signed off! It's also one of those where the date of assignment is shown as 10/01/09 (think it should be 1st October 2009).

[Dacorumdebtor]

Hi all. I'm new to this thread. You guys know LOTS more about the procedures than I do. I have started the CPA letters with AIC and am now contemplating same with Lowell re Cap One. These seems very slippery! Anything to watch for with the?

[lowwill]

Sorry for the delay, had a few days off. Have you exhausted everything with CAP1 and now they have put it out to Lowells, have I got that right?

Assuming you have not received your requested copy agreements from Cap1 did you put the account in to dispute with them? Please don't be put off by the thought that they are slippery, remember they are just leeches and do not want to be attacked themselves. There are numerous letters on this forum but you do need to follow the plan and send them recorded in the proper rotation. Keep copies of everything you send, DO NOT sign them, merely type your name.

After removing personal information ie name address account details etc scan them and put on to this forum for others to read, evaluate and suggest remedies.

You are not alone, just follow the plan. There are some great ppeople on here who only want to help.

[Desperate Daniella]

Hi Dacorumdebtor,

 

Lowells are known as the Leeds Losers.

 

I got assigned to them last year. The letter from them came in the same envelope as a letter from Cap 1. Is this what you have got, or just a letter from Lowells saying they are collecting?

 

Provided you have requested the agreement from Cap 1, just write and tell Lowells it's in dispute. They also send letters from their other company more or less implying it's been moved up a notch. Rather like Barclaycard moving through Mercers and Calders - all the same people wearing different hats.

 

DD

[Dacorumdebtor]

Hi, Desperate Daniella,

 

Interesting comment you make about B/card and Mercers. Are you saying they are one in the same? So chases by B/card or Mercers can be handled same way with CCA letter?

[Desperate Daniella]

Yes. They are all part of the same group, and have some others which are apparently not connected too.

 

What I have done is to send the CCA request to the original alleged creditor, regardless of which DCA starts on it. Then I write to the DCA saying the agreement has been requested. When the agreement doesn't arrive, or arrives but is unenforceable (because it doesn't have the prescribed terms) I write to the original creditor saying the account is in dispute because of ........

 

Then whenever I hear from a DCA (in-house or one it's been passed on to) I send them a copy of my letter to the OC. Just a one liner usually: Dear X, I am enclosing a copy of my letter to Y which is self-explanatory. If they write back again I send them them a letter pointing out that under OFT rules, CSA rules, etc., they must not continue with collection activity while an account is in dispute, etc. Most of them give up after two letters.

 

DD

[spurdog]

Hi

 

New to all this, bit confusing. I have requested a copy of my Cap 1 credit card agreement and as yet nothing doing. Does anyone have any ideas as to what I should do next?

 

Spurdog

[silverfox1961]

Hi,

If it is past the 12+2 working days, send them an account in dispute letter.

 

Letter 20 here:

 

The Consumer Forums - Debt collectors

 

Send recorded delivery and stay off the phone(if you are doing so)

[spurdog]

Thanks, will do.