Capquest new tactics

dazjp71

Hi I am a long time reader first time poster on these forums, I am at the moment being hassled by crapquest, usually I refuse to give my security details (DoB, name and address), but about 1 month ago I refused the security check, the crapquest person then said ok fine and hung up on me, Since then I have had no calls or correspondence with them at all, Until today that is, I have just recieved a letter from them stating this:--

Our Client: Capital One
Balance Due 219.30

Further to our recent telephone call regarding the above outstanding account.

When endeavouring to make contact with you by telephone we have a data protection process that legally we must complete before one of our agents can discuss the matter further. This process is there to make sure that your and the outstanding debt details are not divulged to a third party.

On a very recent telephone attempt to contact you, it has been reported that you refused to assist our agent by supplying or answering details to confirm that they were indeed speaking to you and as a consequence the call had to be terminated.

We can understand some individuals reluctance to supply details or answer questions that they may see as private and confidential. However, all of the questions the agent will or may ask of you are questions based on the information that is already known to us and therefore we are not seeking new information but verifying the details to comply with Data Protection laws.

We trust this letter assists you and clarifies the situation regarding our processes for verification.

Your account will be passed back to the appropriate department to recommence the collection cycle, where further telephone activity will commence. Any failure to comply in the future with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken against you.



I have never signed an agreement with Capital One and I am now confused as to what to do, I have printed the CCA template letter but I don't know whether I need to send it or not, any help would be really appreciated

Thanks Daz

Tixy

I would respond to that letter with a letter saying you want all further ocmmunication from them to be in writing - see template here - http://forums.moneysavingexpert.com/showpost.php?p=11571485&postcount=4, I wouldn't send a CCA request just because of that letter.

What is the situation with the debt? is it your debt? are you paying anything at all towards it?

barbiedoll

Do you think that you owe this money or do you have no idea what they are on about?

If you do owe the money and you want to pay it back but don't want to speak to CapQuest on the phone (understandable), then send them this letter by recorded delivery. Be sure NOT to sign it though!

https://forums.moneysavingexpert.com/discussion/963087
(it's post #4 in the thread)

Even if you want to dispute the debt, send the letter anyway, it will stop them calling you at least.

You say that you have never signed an agreement with Cap One, does this mean that you are disputing this debt? If so, try sending them the "prove-it" letter, which can also be found in the above link, in post #2.

The onus is on them to prove that you owe this money, it's is not for you to prove that you don't.

If it is a debt that belongs to you but you know that you didn't sign any agreement, try sending them the CCA request letter. You will need to enclose £1.00 (postal order or cheque) and again, do not sign anything with your name, just print or get someone else to sign for you. Make sure that you keep a copy of any letters that you send and receive and do let us know how you get on.

(Cross posted with Tixy!)

phatbear

This reminds me of a call I recently received from a company who before they would talk to me, not that I wanted to talk to them, wanted to do their data protection questions.

I refused but they kept pushing and I stated I was not happy giving my personal details over the phone to someone who has cold called me, anyway they tried to assure me they had all my details on screen but because I refused to confirm the info they hung up on me.

dazjp71

Thanks for the quick reply, It is my debt, but not the £219 they have stated, I think most of it is charges.

Any way myself and partner got into financial difficulty and started using Harrington brookes debt management company (HB from now on) to help us repay all our debts, everytime I told crapquest that the debt was being payed through HB they would still ask the security questions and never actually listen, but in January this year we decided to stop paying HB to manage our debts, we get regular statements from some of our debts and they hadn't been payed in months, and we never got statements from HB with details on what they were paying, we were paying HB £140 a month, they took £35 from that for their fee and it seems like the were not doing the job we were paying them for.

The Capital One debt is mine and I don't mind paying, but at the moment we are starting to pay other debts, we have three kids under 16 and my wife is the only one working, I am thinking of seeing if they will accept £1 a week until we have payed one of the other debts off, but capquest have a habit of not listening.

Thanks again

Daz

saltnvinegar

dazjp71 wrote: »

On a very recent telephone attempt to contact you, it has been reported that you refused to assist our agent by supplying or answering details to confirm that they were indeed speaking to you and as a consequence the call had to be terminated.

We can understand some individuals reluctance to supply details or answer questions that they may see as private and confidential. However, all of the questions the agent will or may ask of you are questions based on the information that is already known to us and therefore we are not seeking new information but verifying the details to comply with Data Protection laws.

We trust this letter assists you and clarifies the situation regarding our processes for verification.

Your account will be passed back to the appropriate department to recommence the collection cycle, where further telephone activity will commence. Any failure to comply in the future with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken against you.

In addition to the advice already given, and writing to them to inform that all correspondance should be placed in writing I would also report the above letter to the OFT.

Despite the fact that "questions the agent will or may ask of you are questions based on the information that is already known to us and therefore we are not seeking new information but verifying the details to comply with Data Protection laws"

You still, however, have no evidence that the person you are speaking to on the phone is who they say they are and are quite within your rights to refuse to give such personal information!

To pressurise a creditor to answer security questions, by threatening possible legal action, is both unethical and a breach of OFT guidelines.

I am going to do a bit of digging around on this to see what your exact legal position is on this.

Best

SnV

saltnvinegar

Hi DazJP71

I contacted Consumer Direct and the ICO on this matter to see what their official response would be. I have not heard back from the ICO as yet but have had a response from Consumer Direct who, I quote:

"In this particular case, there is no compunction to give any personal details over the phone. If so asked, please report to the Information Commissioner on 0303 123 1113. They deal with issues of disclosure of personal information.

If the company continues to call, make then aware you have contacted Consumer Direct and that Trading Standards have been informed."

Consequently, I would write back to Capquest thanking them for their letter, that their letter has been reported to Consumer Direct, Trading Standards, and the ICO, and that their advice is that there is no compunction to give our personal details over the phone.

I would also inform them that you consider their threat of legal action should you not give out information over the phone harrassment and vexatious and unreasonable behaviour and such communication would be brought to a courts attention if they should take things that far.

You should still send a copy of this letter to the ICO and make a formal complaint so that CapQuest get a good kick up the rear.

Best

SnV

king100

dazjp71 wrote: »

Thanks for the quick reply, It is my debt, but not the £219 they have stated, I think most of it is charges.

Any way myself and partner got into financial difficulty and started using Harrington brookes debt management company (HB from now on) to help us repay all our debts, everytime I told crapquest that the debt was being payed through HB they would still ask the security questions and never actually listen, but in January this year we decided to stop paying HB to manage our debts, we get regular statements from some of our debts and they hadn't been payed in months, and we never got statements from HB with details on what they were paying, we were paying HB £140 a month, they took £35 from that for their fee and it seems like the were not doing the job we were paying them for.

The Capital One debt is mine and I don't mind paying, but at the moment we are starting to pay other debts, we have three kids under 16 and my wife is the only one working, I am thinking of seeing if they will accept £1 a week until we have payed one of the other debts off, but capquest have a habit of not listening.

Thanks again

Daz

Sorry you are paying £35 a month to HB.

That £35 could go to pay off some other debts.

Try here

Its FREE.

Culex

phatbear wrote: »

This reminds me of a call I recently received from a company who before they would talk to me, not that I wanted to talk to them, wanted to do their data protection questions.

I refused but they kept pushing and I stated I was not happy giving my personal details over the phone to someone who has cold called me, anyway they tried to assure me they had all my details on screen but because I refused to confirm the info they hung up on me.

Those arrogant b[STRIKE]u[/STRIKE]ggers at Triton can be worse. Less than a month ago, I quickly ran through all the personal data they had on me and added, for comedic effect, my waist size, inside leg measurement and hat size. At that point, their idiot declared that I had "failed the security questions" by providing the data before they were demanded, and compounded her insolence by refusing to escalate the call to her "supervisor".

dazjp71

saltnvinegar wrote: »

Hi DazJP71

I contacted Consumer Direct and the ICO on this matter to see what their official response would be. I have not heard back from the ICO as yet but have had a response from Consumer Direct who, I quote:

"In this particular case, there is no compunction to give any personal details over the phone. If so asked, please report to the Information Commissioner on 0303 123 1113. They deal with issues of disclosure of personal information.

If the company continues to call, make then aware you have contacted Consumer Direct and that Trading Standards have been informed."

Consequently, I would write back to Capquest thanking them for their letter, that their letter has been reported to Consumer Direct, Trading Standards, and the ICO, and that their advice is that there is no compunction to give our personal details over the phone.

I would also inform them that you consider their threat of legal action should you not give out information over the phone harrassment and vexatious and unreasonable behaviour and such communication would be brought to a courts attention if they should take things that far.

You should still send a copy of this letter to the ICO and make a formal complaint so that CapQuest get a good kick up the rear.

Best

SnV

Thanks saltnvinegar, it is a relief knowing that these people have no real rights to harrass other people, like I stated before it is my debt (well some of it (damn charges)), and I will pay it eventually but crapquest need to be lenient(sic).

Thanks again

Daz

And thanks King100 for the link

Culex

dazjp71 wrote: »

dazjp71 wrote: »

I have never signed an agreement with Capital One and I am now confused as to what to do

The Capital One debt is mine and I don't mind paying,

Was the application made online or was it from a store or charity credit card issued by Crapital One?