Help - Capital One

freedog

mustbedebtfree wrote: »

Hey Everyone

Still getting calls from Capital One at work. I sent them 2 letters now and both been signed for. What can i hit them with next??

Thanks
MBDF

This might give you, or anyone else, an idea of what to do.

In Great Britain, Capital One has been involved in several harassment cases, due to the number of calls made by their Debt Collection arm to "defaulting" customers. Several cases have gone to court, with average payouts exceeding £6000. In such cases Capital One sought a gagging order as part of the settlement.

kerrypn

Hi

Have you been declared bankrupt?If so does your OR know about this?

mustbedebtfree

kerrypn wrote: »

Hi

Have you been declared bankrupt?If so does your OR know about this?

Not BR yet, but it's an option. Trying for a trust deed first.

They sent me a letter that basically says

"when you signed the CA it stated we could contact you. You say its causing distress to contact you, but we don't think it is so we will continue"

How can I reply (in an appropriate manner) saying f*** off i have no money and cant pay, your causing distress because i keep getting into trouble at work for getting these calls. Also they route through another reception twice a day so no doubt i will be the talk of the town in that facility

confused76

hi mustbedebtfree
sounds awful...i totally understand with the calls at work....i was getting them daily from virgin and they even left a MESSAGE with a colleague:eek:...so the people who sit near me know for sure something's going on:eek:
they have stopped for now as i rang them and gave them absolute hell - i have never done that before but i was so angry at them leaving a message.
i really don't know what to suggest as they don't seem to be taking this on board...how long until you can get the trust deed set up?
i'm really sorry you're going through this. i will never give anyone my work number again!!!
x

mustbedebtfree

confused76 wrote: »

hi mustbedebtfree
sounds awful...i totally understand with the calls at work....i was getting them daily from virgin and they even left a MESSAGE with a colleague:eek:...so the people who sit near me know for sure something's going on:eek:
they have stopped for now as i rang them and gave them absolute hell - i have never done that before but i was so angry at them leaving a message.
i really don't know what to suggest as they don't seem to be taking this on board...how long until you can get the trust deed set up?
i'm really sorry you're going through this. i will never give anyone my work number again!!!
x

I am waiting for the application forms so 4 -6 weeks at least. I will also move into my new role soon so they will be calling the new girl thats taking over, who will no doubt tell the guys here that they keep calling for me and they will def know theres something up.

The worst thing is that i never gave them my work number. I think (and this is just a guess) but they phoned my old job who would have said "she doesnt work here any more, but she works for...." So they called a reception there and started calling. so i never gave them my work number at all. Its horrible, i really don't know how to get it to stop.

MBDF

confused76

oh no i wish i knew how to help. how about you move it to the next level and make a formal complaint to the Information Comissioner? and send them a copy of your complaint so they know they are in deep doo doo?

***has anyone got any more ideas to help mbdf??***

mustbedebtfree

confused76 wrote: »

oh no i wish i knew how to help. how about you move it to the next level and make a formal complaint to the Information Comissioner? and send them a copy of your complaint so they know they are in deep doo doo?

***has anyone got any more ideas to help mbdf??***

I think thats what i will do.
Does anyone have any template letters (i'm not by any means stupid, but being dyslexic just hinders my letter writing capabilities)

kerrypn

I am so sorry you are receiving such bullying and harrassing tactics from a company that really ought to know better.

I think in the short term I would be tempted to set up a payment plan at a very low amount to keep them off your back. Propose a token payment either by direct debit if you can or direct card payment. State that when you do this that you do not expect to receive any further telephone correspondance as you would then consider this to be a breach of the Data Protection Act and also harassment. State you are making the maximum you are able to afford, and back this up in writing.

KEEP UP WITH THIS MINIMUM PAYMENT. In the meantime, you should be recording the times, lengths and dates of these calls. Always take a name or work number from the person calling you. If they persist in contacting you after this, then please do report it to the Information Commissioner.

If Capital One take you to court, make sure you have evidence of offering them a payment. This will show the judge you are making the effort despite a shockingly aggressive recovery process.

Best of luck, I am so sorry you are going through this.

mustbedebtfree

kerrypn wrote: »

I am so sorry you are receiving such bullying and harrassing tactics from a company that really ought to know better.

I think in the short term I would be tempted to set up a payment plan at a very low amount to keep them off your back. Propose a token payment either by direct debit if you can or direct card payment. State that when you do this that you do not expect to receive any further telephone correspondance as you would then consider this to be a breach of the Data Protection Act and also harassment. State you are making the maximum you are able to afford, and back this up in writing.

KEEP UP WITH THIS MINIMUM PAYMENT. In the meantime, you should be recording the times, lengths and dates of these calls. Always take a name or work number from the person calling you. If they persist in contacting you after this, then please do report it to the Information Commissioner.

If Capital One take you to court, make sure you have evidence of offering them a payment. This will show the judge you are making the effort despite a shockingly aggressive recovery process.

Best of luck, I am so sorry you are going through this.

Is this not favouring a creditor??

kerrypn

Yes but you can argue why very easily, especially if they are harassing you. When I filed for bankruptcy I had made payment to a bailiff over other things as I believed it to be a priority. It isn't ideal, but the OR can look to recover the payment from them if they so wish.