Capital One - Telephone Harrasment Letters Ignored!

HatchiDog

Hi all,

I'm having problems with Capital One. After receiving around 8 calls a day for about a month I sent a telephone harassment letter off to them advising them not to call but to write (I'll be more than happy answering written communication and I'll have a paper trail of what's been said!) and i'll also be recording their calls from now on. About a week later got a response back stating that though they are sorry i find the calls harassing they are legally entitled to call and will carrying on doing so. Also if i haven't gained authority from the 'associate' calling me i wont be able to use these calls for any action i may wish to take and will have no right to use the calls for any other purpose than personal use. Despite saying that the phone calls briefly stopped but surprise surprise have now started again!

I had Sky's Last Caller Rejection service put on a couple of days ago but it only holds 10 numbers and I'm already up to 9!! My caller i.d and 1471 lists all there calls coming from 0113 212 2992 but the real number there calling on (there private i.d that only service providers can trace) seems to be different each time! I cant afford TrueCall at the mo so i've logged them all as nuisance calls with Sky and put in an application to change my number. I'm so angry how they've disregarded my request to stop calling and write only.

I found this on the internet about the Data Protection Act and the right to revoke consent, I wondered if anyone knew if this was correct?

Right to revoke consent
The processing of personal data requires prior consent from the owner of that data, except in cases provided in law. The person who has given consent has the right to revoke it through simple means that do not imply any payment whatsoever.

How to exercise this right
This right may be exercised by sending a prepaid letter to the data controller or by calling a free telephone number or public helpline service (there can be no obligation to send registered letters or call high-tariff phone numbers).

Time to respond
The data controller must stop processing the data within a maximum period of ten days from receiving the request. If the data subject asks for confirmation of the cessation the data controller must expressly answer this request

Unfortunately I'd already sent another letter off to them before i saw this, but if this is correct perhaps i should write again but directly to the Data Controller of Capital One?

lindann_2

Write to them telling them you will only respond to letters, l am sure there is a law against be harassed.. with Oft... good luck with this one,

fatbelly

Can't help with Data Protection advice, but here's some info on harassment

Factsheet | Harassment

FireWyrm

Write back to them and tell them that under the OFT rules of conduct you consider their actions be be harassment and as such you will be commencing proceedings against their company copied to the OFT and trading standards. They do not have the right to continually call you day and night and to do so is thoroughly illegal. You can also tell them that you are taping their calls, you will use it as evidence and anyone calling your number will be subject to this treatment, your letter IS the warning they require and the only warning they will get. If they can record every caller, so can you. You will not speak to them verbally, you will only continue with written correspondence and if they do not cease their illegal activities, they can join you in court and explain their disreputable activities to a judge. You will of course be seeking punative compensation for their illegal and mentally distressing behaviour.

birkee

One has to ask..... WHY do they keep calling you?
And would it not be easier to deal with the matter?

They won't go away if you just ignore them.

DVardysShadow

birkee wrote: »

One has to ask..... WHY do they keep calling you?
And would it not be easier to deal with the matter?

They won't go away if you just ignore them.

Then sterner measures than ignoring them will be required.

8 calls a day is not driven by any business need. It might bully some people into taking credit from elsewhere to make them go away, but for anyone who does not have that credit available, it will have no effect. Driving debtors to take credit out elsewhere is of course an unfair practice. And to my mind, 8 calls a day is actionable harassment.

nottoolate

http://www.bbc.co.uk/news/business-12622318

FireWyrm

nottoolate wrote: »

http://www.bbc.co.uk/news/business-12622318

Excellent. OP quote this ruling. If the judge is prepared to cancel such a large debt for just 18 calls in 12 months, the 8 calls a day for a month you have been experiencing is more than enough to make their lives difficult. Time to sharpen the pencil and write a stiff letter - something to make their eyes water....

DVardysShadow

FireWyrm wrote: »

Excellent. OP quote this ruling. If the judge is prepared to cancel such a large debt for just 18 calls in 12 months, the 8 calls a day for a month you have been experiencing is more than enough to make their lives difficult. Time to sharpen the pencil and write a stiff letter - something to make their eyes water....

It is tricky to apply this one. Yes the judge was scathing about the calls, but it was not central to the ruling that the debt was wiped - this was due to the lack of correct documentation form the lender rather than due to the number of calls.

There was another case involving British Gas which will be far more relevant.

vax2002

Answer and ask them.. are you recording this call ? they will be and when they say yes, do the goose for the gander routine.
tell them that they do not have your permission to record the telephone conversation you are now having, ask them what they are going to do about it, now they dont have your permission .
Then the advocate, state now I have withdrawn my permission for you to record my conversation I believe that you may be breaking the law, which means I can now record all the conversation for purposes of detecting and evidence recording of a crime and I do not need anyone's permission to do that if I suspect you are engaged in criminal behaviour .
Now please state for the benefit of the tape your full name and why you are recording my conversation when I have refused permission, I must caution you that what you say is been recorded and will be used in evidence of your breech of the data protection act, I must also warn you that you are personally liable for any criminal acts, not your company.

See how far you get.

birkee

DVardysShadow wrote: »

Then sterner measures than ignoring them will be required.

8 calls a day is not driven by any business need. It might bully some people into taking credit from elsewhere to make them go away, but for anyone who does not have that credit available, it will have no effect. Driving debtors to take credit out elsewhere is of course an unfair practice. And to my mind, 8 calls a day is actionable harassment.

It was my impression that he was no longer a customer anyway, otherwise they would just cancel his card.
Sounds like debt dispute to me?
OP paid last payment in full, but they now want the interest that accrued until the account was closed?

Would the OP be prepared to clarify the reasons he's being harrassed?