How did Capital 1 do this?

Norfolk_Jim

I have a friend (yes honestly) who is being chased by capital 1 for money on her credit card she cant pay (hubby left her and she is disabled and unable to work, is on benefits, built up balance when was working in past). As seems usual with C1 they were phoning her several times a day demanding payment. She has been on to CCCC and also made all kinds of offers to C1 to try and deal with the debt.
Anyone, a few days ago she was visiting my house when I recieved a phone call from Capital 1 asking to speak to talk to Tracey. Thinking it was one of her family I passed it to her and it was C1 who promptly launched into another demand for payment lecture.
Now what I'm wondering is how on Earth did Capital 1 know she was my friend and might be at my house? How did they get my number? I'm ex directory and also on the TPS list. And what right do they have to phone up my house looking for my friends? Do I have cause for complaint and who should I complain to.

I would add that Capital 1 passed her on to debt collectors who have accepted a lower payment that she was offering capital 1 and the interest and charges have been stopped, which they previously wouldnt. She never had any intention of avoiding her debt, she just needed to negotiate some way to do it in her changed circumstances - not her fault.

boredofbeingathome

That really is taking the biscuit..I have no idea how they could have gotten your number unless the ex has passed it on. Either way they have no right to harrass you or her like this!
Has she wrote the letter about stopping phone calls and all correspondence through letters only?
Oh and i would report their phone calls too!

boredofbeingathome

Here is a useful thread for you.

http://forums.moneysavingexpert.com/showthread.html?t=963087

I would also suggest that if they continue to ring you as well then there is a case for you to complain..well actually i would complain anyway!

Norfolk_Jim

Well, once she got the letter from the debt collector she called them up and told them the full story and arranged to give the £15 a month.
The next call she had from C1 she told them she had an arrangement with their debt collectors, please go away, and so far they have.
I told her to demand contact only by letter but she is semi illiterate and find writing letters a major challenge. She is just glad to have a payment she can make rather than seeing her overall debt go up and up and up every month with no way to repay it.
Its just that I think C1 are taking right big liberties calling me up to get at callers to my house. The only number C1 have is her home number but I suppose they might have asked the ex, if they could find him.
It makes me think - who else can get my number if they can do that? You do wonder how they did it and know what time my friend might likely be at my house. Also the underhanded way they called me, they didnt identify themselves or explain the reason for their call, they just said hello is so snd so there please.

boredofbeingathome

I would think that is how they got the number TBH, by getting to the ex. If she has problems has she contacted a debt advice charity? Also you maybe able to help on this score as well.
Crapital 1, debt centres are generally abroad and they are on comission..each dept will be operating differently so if she has talked to one and made a verbal agreement another will try and get more money out of her. I would certainly make sure everything is in writing and signed electronically..do you know when the card was taken out? It may well be she could ask for her CCA..

brightonman123

may be worth doing a subject data access request, to see file notes on how they got your number?

or should they call again, ask them!

emmalina5712

If your friend had ever used your phone to dial Capital One, the number would have been stored and used if and when the primary contact number was not successful

Norfolk_Jim

Mmmmm... I dont think she ever called Capital 1 from my house. Tiscali, yes, but not Capital 1.
She has sought advice from CCCC and Citizens Advice
Its very probable that Capital 1 wouldnt be able to provide a copy of the original agreement and also she is so destitute that really she has nothing to fear from debt collectors or courts, you cant get what isnt there and her credit is already ruined.
But, she has no desire to get out of repaying money she owes on goods and services she has had, she just wanted C1 to understand that her circumstances had seriously changed through no fault of her own and if they would please freeze interest and stop making charges she would do her best to return the capital owed at as high a rate as she could manage as a single mum on income support. C1 wasn't interested and obviously neither was the asian call centre that kept calling her.
My advice was to let it go to the debt collector and make an arrangement with them or else let the courts decide how much she should be paying, she has nothing to lose. Shes agreed £15 pm with the debt collectors on an £1100 debt - I guess she'll be paying for the next 6 years, which she is willing to do.

Thanks for the suggestions.

Deep_In_Debt

I agree. It probably is best to let it go to a debt collector. They are easier to negotiate with and will probably freeze interest and charges. I was relieved when a couple of my debts got sold on to DCA's as I'm now finally seeing them reducing.

pepe2008

C1 are evil and should always be complained about. there is more than enough to do ths to the OFT.
Complaints are not handled individually by the OFT but are logged and when there is enough history they can then use this against the Co in question.
www.oft.gov.uk has all the Guidelines for Debt Collection published on it, have a look through these and see where there have been breaches and then phone them. It is ANONYMOUS AND FREE..........the more who complain about these parasites the better.
Good Luck for the future, Pepe