Cap 1- full and final offer?

[Hacked_Off]

i sent crap one aletter offering payment. having been in a dmp i decided to leave it as it wasnt working. i recieved this:

 

 

I refused to provide them with a signiture.

 

Then i get this:

 

 

i then sent them a cca request and reminded them that i had sent one to crap one which they hadnt responded to.

 

 

Then this:

 

 

Then this from crap one:

 

 

they had until the 28th sep to provide this. I have NEVER recieved a credit agreement from them. What theyve sent is barely readable.The t n cs are on a seperate piece of paper. Ive noticed the ppi isnt ticked or signed yet theres ppi on my statements.

 

 

No idea what to do next? Sar them? claim chages ppi? i should imagine this would more than cover the debt and then some.

 

Also fred havnt provided a cca or returned the po

[silverfox1961]

As it stands, I think that CCA would be enforceable. Although the print is small I had only minor difficulty reading the few bits I did.

 

A SAR would be the best thing to do now. Get that PPI claim in

 

fox

[the_shadow]

 

See my advice was too late

 

S.

[Hacked_Off]

sar sent and recieved today:D

[Hacked_Off]

got this from cap 1 today. quite amused by it really!! no mention of my SAR though. Now he says i agreed to PPI AFTER i signed the agreement and recieved the card. Surely they cant do this or at least there be some sort of seperate signed contract for the PPI:confused:

 

[Hacked_Off]

bump

[Hacked_Off]

[the_shadow]

If you feel the PPI amount should be more then write back refusing their offer, also factor in the compound interest on any amounts they have taken.. if they just pay you back exactly what you have paid then they have charged you interest on all amounts and part of your now balance will be from this.

 

As they have so kindly provided the date of the telephone conversation it might be worth asking for a transcript or copy of that recording under a data subject request.

 

S.

[Hacked_Off]

Ive already sent them a SAR which is due just before christmas (no mention of it in the letter). I dont recall ever having a conversation on the phone about PPI , i just remeber activating my card.

 

i think there offer is laughable. I paid £4 odd a month for 3 years for the PPI!! Then theres the intrest and intrest on the intrest!!! oh and charges!

[the_shadow]

Ive already sent them a SAR which is due just before christmas (no mention of it in the letter). I dont recall ever having a conversation on the phone about PPI , i just remeber activating my card.

 

i think there offer is laughable. I paid £4 odd a month for 3 years for the PPI!! Then theres the intrest and intrest on the intrest!!! oh and charges!

 

Exactly so when the SAR comes back, work out how much they have taken from you in just capital payments then you can work out the interest seperately....add the two together and thats what you ask for.. Post up a message when you get the sar back and I'll put a link to an online calculator that works out compound interest on amounts.

 

If the SAR doesnt contain a transcript or copy of the recording then write back giving them 7 or 14 days (up to you which) to supply either the recording or a copy of the transcript, ensure you state the recording date they have listed on your ppi offer letter otherwise they'll just stall and write back asking you what date the recording took place.

 

If they dont then give anything its either take them to court or complain to the ICO for non-compliance with the SAR.

 

S.

[Hacked_Off]

just had a letter from them refusing to send the sar until i provide a sig for "my security" apparantly. what a load of tosh they sent the CCA without a sig!!!!!

[the_shadow]

just had a letter from them refusing to send the sar until i provide a sig for "my security" apparantly. what a load of tosh they sent the CCA without a sig!!!!!

 

They are toying with you I'm afraid... I had the same and sent back saying they had sent mail to my address, had taken payments from me... if I wasnt who I said I was we had gone a bit too far down the line to start requiring a signature.

 

Other thing they attempted was saying my signature was different on letters from their "stored" copy. I just replied stating I sign legal forms with a proper signature and doodle on normal letters

 

Write back with a signature with a line through it if required and state clearly that this delay will not affect the 40day period allowed as they have had x days already to send through this request.

 

S.

[Hacked_Off]

Cap 1 are now 6 days overdue for the sar:mad:

[Hacked_Off]

Thank you for your recent correspondence regarding Capital One.

Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

I understand that you have made a subject access request and Capital One have asked that you provide a signature.

Whilst you dispute the need for this, due to responding to your CCA request without a signature, I can advise that Section 7 (3) of the Data Protection Act 1998 states:

“A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.”

 

Therefore, if Capital One states they require a signature, they would be fully compliant with the requirements of the DPA in doing so.

 

I am sorry that we cannot be of any further assistance. If you require any advice or assistance please contact our Helpline of 0303 123 1113.

 

Yours sincerely

[Hacked_Off]

Still havnt had a reply for my SAR and i replyed to them with a sig..

[the_shadow]

Still havnt had a reply for my SAR and i replyed to them with a sig..

 

Then you can either issue court proceedings or complain to the ico. Court is faster normally

 

 

S.

[Hacked_Off]

Had a weird call today from someone claiming to be from the fsa.

[Hacked_Off]

well nearly 2 years later and is till havnt had a reply to my sar. Or the ico. Just a case number.

 

No leters from crap 1 either. :/

[Hacked_Off]

12th July 2011

Thank you for your correspondence, regarding your data request to Capital One for personal data. I have just been allocated the case and tried to ring you today, but the telephone number you gave us would not work, so I thought I would email you to try to save time.

Thank you for sending us the complaint form and a copy of your subject access request. We would also need the following information:

 

• Your current daytime telephone number
  
• Evidence of any written response you may have received from the organisation since you brought your complaint to us
  
• Evidence that you chased up your subject access request with the organisation if data has still not been received.
  
• Any evidence that your subject access request was received, such as a recorded delivery slip or tracking number
  
• Your subject access request did not contain an address. It would be helpful to know to what address you sent the request and to what person within the organisation?
  

Please quote the above case reference number in all future correspondence about this matter. Failure to do so may delay the processing of your complaint. If you email us, please use this address: casework@ico.gsi.gov.uk entering only the following in the subject field:

I should point out that I refer specifically to your most recent written subject access request to Capital One, dated 24th October, 2010. When I receive the required information I will be able to progress your case. If you require any further advice or assistance please contact me on the number below.

Yours sincerely

Dinah Balsillie

Case Officer, Access Rights Team

Tel: 01625 545 898

Information Commissioner’s Office

 

ABOUT TIME. and the worst part is ive already provided them with what there asking for. unbelievable.

[Hacked_Off]

Thank you for the information you sent us in connection with your complaint to the ICO about your subject access request to Capital One.

Unfortunately the documents you supplied related to your older subject access request of 2009 and not the one we are able to investigate from 24th October, 2010. Do you have the tracking slip or number from this latest request?

I have contact Capital One about your case, but in the absence of proof of delivery for your 2010 subject access request and no other evidence of receipt, we will have to allow the organisation another 40 calendar days to respond to your request.

If you have this number please email it to me as soon as possible. In order to save time so that the document goes straight onto your case, please put only the following in the subject field: [Ref. RFA0353744] Please note we cannot open wps files and sending these will cause delays to your casework.

Many thanks.

Yours sincerely

 

they really are having a laugh.All the paper work i sent them has 2009 on it...

[Hacked_Off]

Had a weird letter off crap one today offering me a credit card~?!?!?!?! are they having a laugh?!?!?!?

[Hacked_Off]

Thank you for your complaint about your request for personal data to Capital One. I apologise for the delay in our response which is due to the significant backlog of cases we currently have awaiting attention.

Your Complaint to us

In your case the matters you have raised that relate to the Data Protection Act (DPA) are in connection with the sixth data protection principle, which indicates that personal informationmust be processed in accordance with the data subject’s rights.

You have exercised your rights and asked for the information relating to you and you have explained you are unhappy with Capital One’s handling of your request.

Our decision

On investigation it seems Capital One did write to you on 26th November, 2009, explaining that you had not signed your letter and that it had come from a different address. They asked you to send your request again with a valid signature.

In this case we have decided that it is likely that Capital One has complied with the requirements of the DPA.

This is because, while a typed letter with no signature can be a valid subject access request, the organisation is nevertheless entitled to ask for proof of identity or further information to clarify the request. In this case, asking for your signature and valid address would be likely to form part of their normal security procedures. Although the organisation may know who you are, they need to satisfy themselves that this request for personal data has come from you and receive proof of your identity by a suitable means.

Section 7 (3) of the DPA states that:

“Where a data controller—

 

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

 

(b) has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.”

 

Next Steps

In order for Capital One to comply with your subject access request, you should therefore provide them with the verification they have asked for. Mr Karl Johnson at Capital One has suggested that if you do not wish to send a new, written request, that you could ring them on 0115 843 3792, selecting ‘Option 3’, so that they can ask you various security questions to establish your identity. Capital One will then be able to arrange the processing of your subject access request.

If after doing this you do not receive a response within 40 calendar days, you should chase up your request by ringing them again on the number above. If you remain dissatisfied, you may make a further complaint to this office.

If you require any further advice or assistance please call our Helpline on 0303 123 1113.

Yours sincerely

[Hacked_Off]

What can i do next? the supposed governing bodies are not interested.. Coincidence that today i recieved an "amazing one time offer 75% off total full and final" letter today. HA.

[Hacked_Off]

What can i do next? the supposed governing bodies are not interested.. Coincidence that today i recieved an "amazing one time offer 75% off total full and final" letter today. HA.

 

What can I do they STILL havnt replied to my sar and th ico arnt interested. No letters from crap one either. Mmm.

[Hacked_Off]

I'm about to start university, so I want to clean up my file so I can get a student account at some point.

 

I currently have 2 defaults on my file.

 

Capital one is for £245, It becomes statute barred December next year.

 

Now I have not heard a thing from cap 1 for years. some DCAs tried, but were all ignored.

 

I took out this card when the business I worked for were going under and we did not get paid for two months.

The cards limit was £200. I drew out the 200 and used it to pay my rent.

 

So the £45 on the balance is penalty charges or interest.

There is also ppi on the card.

 

They made an offer a few years ago of £9.00 refund.

I said no and did nothing more about it.

 

So baring that in mind what is a reasonable ish full and final?

I also want all markers removed.

 

I remember trying a full and final two years ago with cap 1 but was completely ignored!!