Can some help with Capital one???

[Jacko83]

Hi all,

I think its best to start at the beggining! Back in Nov 10' i was self employed and run out of work, i tried to claim job seekers but was not entitlied as had not paid enough national insurance contribitions. Phoned capital one to explain my situation and asked them to freeze payments for 3 months aswell as interest and charges, there response was that they could setup a payment plan providing i sent in relevant documents ie job seekers letter, income expenditure, bank statment etc.

I sent in every bit of information i have excluding bank statement as my bank account was currently suspended as i was over my overdraft limit.

 

At the time of asking capitalone this my balance was £1900 and i had a relative willing to pay £20 month till i was back on my feet. Capital one refused to set me up on a payment plan untill i had sent them the bank statement which i explained i could not send so they said there was nothing they could do!!

 

In Dec 10' my relative said they would lend me £2000 to pay off my 4 creditors (wonga, santander, vanquis and capital one total debt was about £7000 to all) i sent all four settlement offers explain my situation and 3 of them excepted so all i owed was capitalone.

 

I urged capitalone to reconsider but they again refused in Jan 11 my balance with them was now £2000

 

Now in March 11' i recieved a letter of default and called them to explain ive been trying to sort this situation out since nov 10'!! I explained to them i was more than willing to sort out a payment plan as i had started working self-employed again, but they said they could not put me on a payment plan as the documentation i supplied was insufficent! i explained i have to set up a new bank account so would not have any statements, im self employed so do not get a wage slip as such and they again turned round and said there was nothing they could do!!!

 

I feel so stressed out with this as my balance is now nearer to £2200 and ive tried everystep of the way to setup a plan but did not pay anything till i had conformation in writting that no interest would be added anymore. im asking for my cca today off them but this still will not make them setup a payment plan i feel limke letting them just take me to court as ive kept letters of everything ive sent and everything they sent me and they just wont listen!! i have no assests except for a van which im still paying for, live in rented accomodation and have no bank account. Should i just let them take me to court or is there something i can do to make them put me on a payment plan?

 

Any help would be much appreciated sorry if i rambled a bit but its the first time ive been on one of these forums.

Thanks

Bri

[silverfox1961]

Hi and welcome to CAG

I have taken the liberty of moving your first post to the Capital 1 forum where hopefully you will get some help

[sillygirl1]

Stay off the phone to them, put everything in writing and kerep records, they will go to court via one of their muppet solicitor for rent firms and then we can help write a defence which will leave them with no room to move.

 

You need to write or email them every time you receive a letter rather than phone, they 'loose' recordings when it suits them and also manage to twist what you have said. If it is in a letter and you have a copy they cannot make a fool of you.

 

If you are self-employed and they say you haven't given them sufficient documentation write and ask what documentation they need.

[BankFodder]

capital one along with all financial restrictions have a duty to treat you fairly. They are not treating you fairly here. They are not entitled to refuse payments. And also I can tell you that the OFT has said that any financial institution which refuses to accept a reasonable repayment plan based on an income/expenditure schedule should be reported to them. Furthermore, I think that any bank which stops sending a customer statements simply because they have exceeded limits although not in control of their account any more, is also acting unfairly towards their customers and is also in breach of regulations.

 

This means that you are suffering under fair treatment from two quarters.

 

In so far as Cap One is concerned, you can only deal with them if you decide to get tough. You need a rapid solution. You could go to the ombudsman of course but that will be long, drawnout, it will lack transparencyand will produce very mediocre results. The biggest problem is that you will still get hassle and pressure until the end of the FOS investigation which could take anything up to 2 years.

 

it all depends on how angry you are and how badly you want to put the boot in. If you want to get nasty then you should start threatening and with a County Court action and then take the action. You should not bluff about this. Unfortunately, nasty is the only language they understand.

 

In respect of the bank which is not sending you statements, I would make a complaint to them about it and tell them that you want to complain to go to the ombudsman. There are an awful lot of people who are suffering this problem the banks suspend accounts but keep on levying charges and a happy to make money out of it all but they stop sending out statements. This is grossly unfair. People are totally unable then to appreciate what is happening on their account and in two or three years later they discover that they owe a huge amount.

 

It is about time that people started complaining about this banking trick and that there was some official comment on it from the FOS or even the FSA.

 

It really is up to you what you want to do. We can advise you, but there is no point in spending time on it if you don't think that you're prepared to go the distance.

 

On the capital one account, I expect that their charges as well. These charges will be unfair and they should be reclaimed. I fully understand that maybe the charges are less than £12 OFT recommended limit, but that doesn't make unfair. Barclays has been handing back £12 charges for ages and is still doing it if you press them.

[dx100uk]

yep stay off that phone...you'll get nowhere with cap1.

 

pers i'd fire off an SAR

and get reclaiming.

 

you've prob got heeps of overlimit and late payment charges

all can be reclaimed plus int at THEIR rate.

 

have you also investigated if you have PPI? [typically with C1 you have as they put it on without you knowing]

 

so look at reclaiming that too.

 

don't forget you can always pay by internet banking all you need is the info from the reverse of any statement.

you should pay 'something' even if its £1 every month.

 

i think it might also be worth your while opening another bank a/c not group linked to anyone you currently bank with too, and get your income paid into that a/c as you are in O/D with your current bank.

 

dont forget to investigate the 'notice of appropriation letter' use too.

your benefits are YOURS they should not be swallowed up by ANY bank fees etc etc

 

if they have done this, then get the letter off to them and get it returned for YOUR use NOT theirs.

 

have a read of sequencie's blog in my sig too.

 

dx

[Jacko83]

Thanks everyone, I'm going to send that SAR off first thing Monday morning and also goin to see if I have ppi (do I write to them and ask?) also going to pay them £5 a month till they start me on a payment plan. So fingers crossed I'll let you know what happens

Thanks again

[dx100uk]

PPI should be detailed in the SAR

 

 

you are missing the point again though...........

 

its YOUR money you decide what THEY get not the other way around

 

you TELL them wht they are going to get.not hope they agree!!

 

take control of your money ...not let your creditors dictate what happens to it.

 

none will go near court as long as you pay them SOMETHING on a regular basis.

 

read sequenci's blog below in my sig

 

dx

[Jacko83]

DX100uk your rite! I could not believe it when capitalone phoned me demanding i pay them £459 immediatly the other day,

i offered them £1 and at first refused and said i had to pay £100 and each time i refused it went down £50,£40,£20,£10,£5 and i got them to accept £1

 

the women on the phone made me laugh as she was telling me i could afford more than £1 (cheek of it)

 

I have also recieved my cca back from capital one in which they sent me two cca,

the first was a photocopy of the original cca but they also sent another which is unsigned but has a much higher interest rate!

 

Any ideas as what i should do next?

 

should i send of an SAR or just continue to pay £1 a month (they still have not set up a payment plan and my interest rate is 39.94% and i currently owe them £2250.36.

 

Any help would be much appreciated

THANKS

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.