Capital One Complaints

climbintheladderouttadebt

Haven't posted in awhile, but have paid off the account, and sent the SAR letter with cheque, and it was signed for on 3 August (sent July but my post from my local po take ages to get anywhere!). Capital One refuse to send details because I didn't sign my letter. I replied last week with this:

11 August 2010

Executive Office
Capital One Bank (Europe) plc
PO Box 5281
Nottingham
NG2 3HX.

Account number xxxxxxxxxxxxxxxx

Dear Sirs,

Thank you for your letter dated 09 August 2010, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation.

I'd like to draw your attention to the fact that neither the Consumer Credit Act 1974 nor the Data Protection Act 1998 require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

Capital One have previously written to me several times within the space of a few days, have sent payment demands and other such correspondence and have responded to several letters from myself, at this address, without a signature since 2009.

The ICO's 'Data Protection Good Practice Note' states:

"Often you will have no reason to doubt a person's identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are. If you have good cause to doubt the requester's identity you can ask them to provide any evidence you reasonably need to confirm it. For example, you may ask for a piece of information held in your records that the person would be expected to know, such as membership details, or a witnessed copy of their signature."

I put it to Capital One that there is no reason to doubt my identity and that you are using tactics to delay fulfilling my request. If Capital One can prove that there is suddenly a serious concern regarding the safety of my personal data, then I will supply further supporting documents/evidence of my identity. Until then, I shall await fulfilment of my request within the time frame Capital One must adhere to.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, I look forward to receiving the documentation requested, within the next 33 days. As I do not deem that you require any further documentation from me to verify my identity, the 40 days within you must comply to my request still runs from 3 August 2010 and expires 12 September 2010.

Yours faithfully

climbin

They wrote back and said they had "a commitment to protecting your personal information. Therefore, we ask that our customers provide signed letters to satisfy us as to their identity. Where this signature does not match our records, we ask for further proof. We do not feel that this is an unreasonable request as it is designed to protect you and not in order to delay providing any information you request. I would also like to point out that your continued refusal to supply the requested documentation further adds to the delay in providing these documents to you."

I am witholding my signature as I do not trust Capital One and suspect they may copy it onto documents I haven't signed. Obviously they HAVE seen my signature as it was on the cheque - so what do I do?! Do I just roll over and send my signature? Or continue arguing my point, which I feel will get me nowhere anyway?

Any help much appreciated!

Paul_Herring

climbintheladderouttadebt wrote: »

They wrote back and said they had "a commitment to protecting your personal information. Therefore, we ask that our customers provide signed letters to satisfy us as to their identity. Where this signature does not match our records, we ask for further proof. We do not feel that this is an unreasonable request as it is designed to protect you and not in order to delay providing any information you request. I would also like to point out that your continued refusal to supply the requested documentation further adds to the delay in providing these documents to you."

They're stalling.

You want the next letter: http://forums.moneysavingexpert.com/showpost.html?p=33791877&postcount=21

In your letter you make reference to requiring my signed authorisation prior to acknowledging my s.78 request to which I already replied explaining my rights and the fact that a signature is not necessary in order to provide me with the documents requested, being you already write to me at this address; coupled with the fact there is no provision that requires I send a signature anyway.

As a result of you failing to acknowledge my lawful request, this account is now deemed unenforceable, in line with s.127(3) and s.65(1) (CCA1974), and will remain so until such time you respond to me, with the information originally requested.

[etc, etc]

climbintheladderouttadebt

Thank you! Also just realised that this is a thread I had not started - sorry for hijacking it!
Will get the letter posted tomorrow

PNPSUKNET

why not just put a backing on your signature when you print it, been honest as much as capital one lie I dont have a reason not to sign a letter.

proeleche

There is a telephone number for Capital One's 'Executive Response Unit' based in Nottingham. I got it from the Forum's over on Leagle Beagles when I was claiming back credit card charges last year and I wanted to chase them up.

climbintheladderouttadebt

I was provided with a number in their letter. Not executive response centre, though, just customer services. I'd have done something clever with my signature but have no fancy stuff to do it with (not even MS Word). I HATE using the phone to talk to people, even friends, (I rarely even text!) I know it sounds weird but that's how I am...

Long story short, I called the number given, as I certainly didn't want to delay any processes(!) they had NO idea what I was on about! I went through the normal security check - name, address, account number (same as the letters I sent, funnily enough!) and as I couldn't remember my password, my date of birth (could I not have just provided copies of bills/bank statements/birth certificate etc?! actually proving who I am! Anyone could impersonate me on the phone, surely?!) Anyway after 5 mins was then given another number to call. Got through to someone else who also had no clue, passed me onto a nice lady who asked me to write in and send £10, to which I explained I had.

Eventually, I was put through to a manager, without asking, who asked me NO additional security checks whatsoever, but said that she'd send an email to the relevant dept and that action would be started within 3-5 working days and that I should expect my request to be fulfilled by 3 October. I tried to point out that my letter had been signed for on 3 August and my cheque cashed soon after, that I felt the 40 days should run from 3 August, thus ending 12 September, never even got a chance to mention that she'd not asked me for any additional identification in anyway, therefore their idea of needing to verify me was not relevant and the 40 days stood as it had previously (if that makes sense!)

Will see what info turns up and when. Given the errors Capital One have made, I think I shall probably just sit back and fight them on those, no need to worry about timelines etc, but we shall see. Afterall, I have tried to co-operate as much as possible, and I agree strongly with the point in this thread (post 4): https://forums.moneysavingexpert.com/discussion/comment/22640873#Comment_22640873

Watch this space...!!