Capone (cap one)

[patrickq1]

i would make a call to the police and have them charged with harrasment and make it final it may also clear all your debts to cap one but i would nt think twice i would prosecute they have not given you a chance why give them one...and the person that gets prosecuted is the director of the company since he is aware and allowing the harrasment to take place its on his authority these calls are happening PROSECUTE

[hellhasnofury]

Update

 

Still getting calls from Crap One. 6 yesterday and 5 so far today.

Do they not realise that Ellie Renshaw has admitted in writing that they are making all these calls, as her letter said the only way for the calls to stop was for me to come to an arrangement with them?

That is blackmail to my mind and admission that harassment is taking place.

I hope the FOS see it that way too.

 

This is the script that takes place with every call now.

 

Hello

 

Can I speak to maggiebroom please

 

Who's calling?

 

Capital One Bank

 

Hang up

 

And thats it. You would think they would realise by now that all they are doing is making the phone bill bigger. (Not that that worries them at all) Oh well, the more calls the bigger the case against them. Over 80 calls now since 27th July.

 

Another call as I type this. Bring it on Crap One.

 

maggiebroom

 

Hello Maggie,

 

Great they are digging a bigger hole for themselves with every call:-D

 

Were crap-one not prosecuted by the FSA for the mis-selling of ppi earlier in the year:-D Hopefully they will be prosecuted for harassment of the little meek gentle Maggiebroom:lol:

 

Just let the calls keep coming and bingo, compensation, the court take harassment very seriously.

 

Anyway, can I have you spit ridden keyboard when you become famous:-D

[Maggiebroom]

Hello Maggie,

 

Great they are digging a bigger hole for themselves with every call:-D

 

Were crap-one not prosecuted by the FSA for the mis-selling of ppi earlier in the year:-D Hopefully they will be prosecuted for harassment of the little meek gentle Maggiebroom:lol:

 

Just let the calls keep coming and bingo, compensation, the court take harassment very seriously.

 

Anyway, can I have you spit ridden keyboard when you become famous:-D

 

Hi Hell

 

The bigger hole the better. I am looking forward to the dedicational shovel bit, you know the one that is all shiny and engraved with here lies the body of Crap1 .

I read about the fine on these PPI claiming B*******. They were fined £175,000 i think.

I am going to make inquiries from that police inspector friend of ours tomorrow. Hopefully he will let me know how to go about prosecuting them. I don't want to put him in an embarrasing position though so will have to tread carefully. I don't think just walking into our local copshop and saying please arrest Crap 1 will go down very well. I am also eagerly awaiting the response from the FOS. They were the ones who prosecuted Halifax for harassing Alison Turner and she only got 33 calls in 3 months :o My count is not up to over 85, by the end of today it may well be over 90. They are now averaging 6 calls a day.

 

You may have my keyboard with pleasure, although I don't want to be famous-- JUST RICH

 

maggiebroom

[midge61]

Hi maggie

Below are the OFCOM rules on silent calls if it is any help.

 

01|03|06

New rules to protect consumers from silent calls

 

Ofcom today announced the implementation of new measures designed to strengthen consumer protection from silent telephone calls.

Silent calls are a significant cause of inconvenience and anxiety for thousands of people every month. Most silent calls are not generated with malicious intent but occur when call centres using automated calling systems generate more calls than their available agents can deal with. When the person called answers the telephone, there is no agent available, resulting in silence on the line.

Sections 128-130 of the Communications Act 2003 give Ofcom power to take action against persistent misuse of electronic communications networks or services, including silent and abandoned calls. After a public consultation announced in October 2005, Ofcom is now introducing a new policy on persistent misuse to be implemented with immediate effect.

The new rules provide a consistent and enforceable framework for the responsible use of automated calling systems. Ofcom’s policy aims significantly to reduce the total number of calls abandoned by call centres and to ensure that consumers can clearly identify the source of any abandoned call that they receive.

The new rules include three key requirements:

1. Abandoned call rates must be below three per cent of all calls made in any 24 hour period for each campaign. An Ofcom investigation into silent calls last year found that some call centres' abandoned call rates can be significantly higher than the five per cent maximum required by existing voluntary industry codes. Ofcom believes that setting an enforceable three per cent limit will significantly reduce the volume of abandoned calls, while allowing the legitimate and responsible use of automated calling systems;
   
2. All abandoned calls must carry a short recorded information message identifying the source of the call;
   
3. Calling line identification (CLI) must be included on all outbound calls generated by automated calling systems. CLI allows people to dial 1471 and access the telephone number of the person or organisation calling them.

Ofcom will take action to enforce the new rules where appropriate, including investigation of UK-based organisations using offshore call centres found to be in breach of specific requirements. Organisations are required to keep records for a minimum of six months to demonstrate their compliance. Ofcom plans to review the policy after 12 months to assess whether further changes are necessary.

Separately the Government has confirmed today that the maximum financial penalty that Ofcom can impose will be increased from £5,000 to £50,000 for each breach of the rules. The increased fine will come into effect later this year and follows a separate DTI consultation.

Ofcom Chief Executive Stephen Carter said: "There is a clear case for action here. We now have powers which will enable us to act effectively against silent calls."

[Maggiebroom]

Hi Midge1

 

Many thanks for that useful info.

I have already complained to OFCOM, but I was very disappointed. They do not deal with individual complaints but will hold your information on file until they have more complaints and then they will act.

 

Seemed a bit a con to me. What are there for if they are not going to act on customers complaints?

 

I have taken a copy of that information and will file it away for future use against these idiots.

 

Anyway the police will be involved soon as I am going to see them tomorrow and I have also complained to the FOS, who I hope will take the complaint more seriously.

 

maggiebroom

[patrickq1]

ofcom are spineless and dont have any backbone when it comes to enforcing your statutory rights,they know the silent phone calls are taking place and they could have sharpened up their act to take actions against these unknown threats ,you are not to know it is a perv on the line a madman or what and should be one phonecall from ofcom should put this to a stop but no they cant be bothered its not them getting the calls,if it was can you imagine what they would do ,shame you cant have these calls from the particular source tranfered to a special ofcom line.........this would have an imediate effect

patrickq1

[Maggiebroom]

ofcom are spineless and dont have any backbone when it comes to enforcing your statutory rights,they know the silent phone calls are taking place and they could have sharpened up their act to take actions against these unknown threats ,you are not to know it is a perv on the line a madman or what and should be one phonecall from ofcom should put this to a stop but no they cant be bothered its not them getting the calls,if it was can you imagine what they would do ,shame you cant have these calls from the particular source tranfered to a special ofcom line.........this would have an imediate effect

patrickq1

 

I actually put in my letter to the CEO of Crap 1 that I thought they had a perve in their collections department, because of the silent calls. It wasn't till the next day that I found out about auto dialling and the fact that there were silent calls because of this. I honestly did think that someone from Crap 1 was trying to scare me.

 

And as for OFCOM well - *********** 's.

 

Actually I have clocked another 6 calls today so far, and its only just gone four o'clock.

The more calls the deeper the hole.

 

maggiebroom

[Maggiebroom]

I spoke to the Police today who said that although I thought it was a criminal offence the Protection from Harassment Act was there for physical harassment more than the mental kind and that the telephone thing was a civil matter and not something they would deal with. Unless the calls were of a threatening or sexual nature. So no help there then.

 

Crap 1 have changed tactics now and are asking for me by my first name. I am furious and the next time they call my husband is going to tell them that I am Mrs L****** to them, and they should address me as such.

 

I must admit it is getting to me now and if they don't stop soon, I don't know what will happen. I shall phone the FOS tomorrow and ask if they have had time to read my complaint and whether or not they are going to do anything about it. This is now getting beyond a joke.We have already had 7 calls today and they don't close their office till 9.00pm. How sad is it that I even know when they go home? :o

 

Oh well!! onwards and upwards.

[Maggiebroom]

I could not face the harassment of the calls yesterday so I turned my phone off till about 8.30p.m. Would you believe it by 8.55pm I had two calls from the scumbags.

 

I have heard nothing from the FOS yet and they must have got my letter by now. I shall have to chase them up by telephone.

 

My hubby is going to make inquiries today about getting a new number. It will be very inconvenient for us, but I cannot stand any more of Crap 1's mental torture. It is making me ill now.

 

I think it is so immoral that they do this, and no-one will do anything to stop it. Something is wrong with the world if companies are allowed to mentally harass people in this way.

 

It is pyschologicaly and morally very very wrong, and the people who work these call centres are the lowest of the low. perhaps they don't realize how nasty the work they do is?

 

maggiebroom

[Maggiebroom]

I emailed our local MP yesterday and got a very interested phone call from her secretary, who said he would definitely action the email, which I hope to mean that Margaret Hodge will act on it.

I didn't know; she is also the minister for trade and industry. We are very hopeful, as my hubby is on first name terms with her after helping out since he joined the Labour Party.

We didn't think to ask her help until yesterday, especially as the police wouldn't get involved at all.

I have met her a few times and she seems very nice. Lets hope she can do something to stop these **** from tormenting us any further.

The calls were thick and fast again yesterday with two of them coming only a minute apart.

 

:eek:

 

signing off with fingers and toes hopelessly entangled from being crossed and recrossed.

I am determined to beat this arrogant company who believe they are above the law of the land, and can harass people without mercy, or cause.

 

maggiebroom

[patrickq1]

i hope she can do something positive but at least i think the phone calls will stop good for you maggie

[Maggiebroom]

Hi Folks and fellow Caggers

 

My spirits are quite lifted this morning. I have had a copy letter from Margaret Hodge. She has written to the Vice President of Crap 1 and demanded to know why the calls are so many and as they are outrageous and unnecessary, when are they going to stop. He will have to answer too, as if he doesn't, she will ask even more questions.

 

I also had a very cheeky letter from Ellie Renshaw again:

 

Thank you for writing to us about the calls you have received from us. I understand you're not willing to discuss legal matters of a personal nature with call centre staff.

 

I am only able to discuss the account that is in your name as you do not have authority in the other account number provided. You mention that your account is in dispute. Our position is that there is no dispute as we have complied with section 78 of the Consumer Credit Act. You have been provided with both the signed part of your agreement and the current terms and conditions. We explained this in our letter on 18 July 2007.

Furthermore you cannot dispute the debt when you have continued to use your card for cash withdrawals and purchases in Asda up until May of this year. Continued use of the card implies acceptance of the terms and conditions of the account.

 

You've asked us not to call you. The reason you're receiving calls is our collections department have been trying to get in touch with you because we're concerned about your account. You've missed three payments and your account is in danger of defaulting if a payment is not received soon. We don't consider it unreasonable to keep in regular contact with customers who are behind with their payments. As long as you pass security, we'll call you less than once a week. If you don't pass security, we don't know if we have spoken to you so we will try again. This is why you're receiving so many phone calls.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However you do have the option to contact the FOS within six months from the date of this letter. Their contact details are in our complaints leaflet.

 

What utter drivel and nonsense (and I want to shout that out)

 

This is my reply

 

In response to your letter dated 14th august. I do not wish to discuss any other account with your staff. I have my husbands full permission should I so desire to discuss his account, which I do not. Neither of us will respond to continuous calls of an intimidating and harassing nature. There is no justification for up to twelve calls a day. If we will not speak to your collections department on the first call of the day we most definitely will not speak to you on any subsequent calls. Therefore your continuous calling can only be described as intimidation. You know who you are calling as you have our telephone number and have spoken to us before. There is no need for either my husband or myself to pass security when there is nothing to discuss other than;

 

1) Where are the true copies of my agreement under the CCA 1974?

2) Where are the Terms & Conditions relevant to the application?

 

Despite your claims you have NOT supplied me with the correct documents under section 78 of the Consumer Credit Act. There is a copy of my application which does not contain the prescribed terms, and a copy of current terms & conditions which are void. as they do not apply to the time the application was made in 2002. This they should do under the Act

 

Payments to your company ceased when you defaulted by not supplying the above mentioned documents in the correct time limits set by the Act. This I was perfectly entitled to do so, as until the dispute is settled by the production of the correct documents; all charges, payments and interest should be suspended. The absence of these documents renders the account unenforceable.

 

Should you nevertheless choose to instigate legal proceedings against me, I will expect to receive, with any Letter Before Action, a copy of the document that you will be relying on as proof that a properly executed agreement exists, complying in all respects with the form and content requirements of the CCA 1974 in respect of this alleged debt.

 

I have already made a formal complaint to the FOS, which has been acknowledged and is being investigated.

 

yours faithfully.

 

Know What? I enjoyed writing that. What do you think of my reply? It could have been much stronger, but I want my MP's letter to take effect first.

I have already had two calls today, so the letter obviously hasn't filtered down to the minions yet. If they continue over the next few days I shall make a further complaint to Margaret Hodge, and then I think the fur will fly. She does not stand for nonsense.

 

maggiebroom

[hilaryfrances]

hello just starting my fight for PPI refund but not with Capitol One. Although I have had a right fight with Capitol One`s insurance company AXA as I have been out of work since May and have had a legitimate claim in for them take over my payments whilst I am off work. They keep telling me it is sorted bur then I get another letter asking for something else. They called me today after I wrote in complaining. They said, again, they will make a payment on my behalf, yer right I will believe it when I see it. This insurance is a right bag of rubbish. They even had the cheek to ask me how my job search was going. All this for the payment of.....£69 since May! I ask you, how is this good value.

 

 

At least that is what they say they are paying not had a penny yet!

[patrickq1]

the insurance is a [problem] i even got defaulted when the insurance was being paid by the insurance co ?

[Maggiebroom]

Things are happening folks

 

I emailed Consumer Direct, which is how you have to contact Trading Standards and they have replied with a promise of advice from our local Trading Standards Office, and a reference number.

 

Heres what they say:

 

Thank you for your email regarding the issue you have with Capital One, a copy of which is attached below. I can certainly understand your concern.

Due to the complexity and nature of your query, we feel that you would benefit from some more in depth advice from Trading Standards. We have therefore referred your case to your local office who will contact you within approximately 3 working days.

 

So lets see what comes from that. I am determined to stop these nasty people from abusing my telephone and my sanity the way they are doing.

 

Will let everyone know what happens next. Things are certainly on the move.Something must be going right as so far today we have only had five calls.

 

maggiebroom

[midge61]

Hi

Well done Maggie you will beat them. Hopefully the authorities will punish them severely for their treatment towards you.

 

I had a call from them tonight bloke asked for me by my first name , i asked who was calling and he didn't know what to say so just asked for me by first name i kept saying who's calling (several times) eventually he said Crap One so I said well get lost then and hung up.

 

I also had an earlier call that I thought was suspect. an asian lady asking me to do a two minute consumer survey and when I said no got quite snotty with me. (could be I'm getting a bit paranoid:confused: )

 

anyway don't let them get you down maggie.

[hellhasnofury]

Hello Maggie,

 

I have just caught up with your thread and WOW go Maggie:grin:

They truely now have got your dander up and they are in for it:lol:

 

 

WELL DONE:grin:

[Maggiebroom]

Hi

Well done Maggie you will beat them. Hopefully the authorities will punish them severely for their treatment towards you.

 

I had a call from them tonight bloke asked for me by my first name , i asked who was calling and he didn't know what to say so just asked for me by first name i kept saying who's calling (several times) eventually he said Crap One so I said well get lost then and hung up.

 

I also had an earlier call that I thought was suspect. an asian lady asking me to do a two minute consumer survey and when I said no got quite snotty with me. (could be I'm getting a bit paranoid:confused: )

 

anyway don't let them get you down maggie.

 

I think you are getting just a little paranoid Midge, but then I can understand why. Crap One are B******* for messing with your mind. The survey was definitely not Crap 1. They will identify themselves. My method of dealing with them is just hang up without a word as soon as they say 'Capital One Bank'. In the past however I have said a lot stronger than 'Get lost'. But then I profess to be a lady so I have stopped the sailors language bit.

Hanging up is the best way, that way they cannot accuse you of being rude to them.

 

Press on with your campaign. I nearly lost heart but now I am up and fighting again. After all my complaints and responses from various authorities, I can see a glimmer at the end of the tunnel.

Hopefully they will see that they are not going to get me to give in to their harassment.

 

maggiebroom

[Maggiebroom]

HI Hell

 

The calls haven't stopped completely, but we only got five yesterday, then i unplugged the phone till 9.00p. I think our MP only mentioned my husband so all the calls yesterday were for me. She knows him better than me, as he does a lot of campaigning with her, for hospitals etc.

However if the calls continue over the weekend, we shall get her to write another letter.

I am determined that Ellie Renshaw will have nightmares about me before I am finished with her. How dare that woman patronize me with blackmail about security questions? I think it is the attitude that treats me as though I am ignorant and stupid that makes me so mad. Twelve calls a day is intimidation in anybodys book: it is mental intimidation and I am sure they know this and use it as such. She WILL stop if I have to take out an injunction. I only hope that if the FOS do act on this that she is the name they use, because if I beat them (and I will) I will splash her name all over every paper in the land. The woman is a bitch and I hope she reads this. If Crap 1 ran their company properly and within the law none of this would happen. Its about time they learned they cannot ignore laws and treat people in this way.

 

Rant of the day complete Its Good to talk

 

I used your letter to the OFT about Nat West (suitable altered for my own needs of course) and will let you know how that pans out when I get an answer.

Thanks for that Hell.

 

maggiebroom

[Kaaron]

Go Maggie go! I Know exactly what you mean about these phone calls - when I was first made redundant and before the insurance kicked in, I had no end of calls every day from A&L. They accused me of not looking for work and said I seemed quite happy to depend on the insurance to pay up!After about 3 weeks of their nonsense I told them I couldn't **** bricks so they'll have to wait.Then I put my phone on silent for a week and anyone who wanted could leave a message.

 

Great work so uncross everything before you have an accident!

 

Kaaron

[Kaaron]

PS Maggie

 

I remember I got so wound up by their obnoxious phone calls I decided to clean my windows to work off the steam - however, I didn't pay attention and was spraying anti bacterial spray instead of window cleaner (same colour bottle) and made a right horlicks of it! I can laugh now but at the time it was just more hassle!

 

Kaaron

[Maggiebroom]

Don't do what I did. Spray underarms with hairspray. You have to walk around with your arms out all day and go through doors sideways.

Hubby laughed all the way to the hospital I hit him with the hairspray.

 

maggiebroom

[Maggiebroom]

I have just got a letter this morning from Crap 1 threatening a default in 28 days.

Can they do this if the account is in dispute because of an improper CCA.

 

I don't really care I just want to stuff em.

 

maggiebroom

[Maggiebroom]

I have just received a very interesting email from Trading Standards asking for authority to write to Crap 1 regarding the phone calls.

 

I telephoned them and had a very interesting chat.

 

Apparently they cannot stop Crap1 from phoning probably once a day, but the amount of calls we are getting is not on, and would be construed by a court as harassment. I have given the authority to write on our behalf and as soon as she gets that back she will write Crap 1 a very strong letter.

 

She said that usually after Trading Standards intervened most companies do back off. I told her I could cope with one call a day and that I would be delighted if she could get them to back off.

I explained the whole story and she said that Crap 1 were definitely out of order.

 

Watch this space folks. Round 1 = to me. (I hope)

 

maggiebroom

[Kaaron]

Well done Maggie! Way to go!

I'm not sure about the default but I have a sneaky suspicion they can't do it.

Crap one need a sharp slap - perhaps this will tone it all down for you.

Good luck

 

Kaaron