Capital One - Telephone Harrasment Letters Ignored!

HatchiDog

Some excellent advice! First let me just respond to this....

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.

They are calling as my payments are in arrears and i am putting together a plan to get it paid off etc. Indeed i do know that 'they wont go away if i ignore them' but equally i know it's better to have a paper trail to go back to if there's any disputes and i have told them I'm more than happy to communicate this way. Not really a case of ignoring them but not wanting 8 calls a day!!! I'm not so daft to think they run there business to the best and most honest standards and a paper trail is proof if ever they do go back on there word. I'm also fuming that they've became such a nuisance I may have to go so far as to change a number i've had for years! It's a mentally distressing just waiting for there next call and i have to do something!

I've already been called today and another is due shortly. I will answer and tell them i don't want to be recorded etc and see how it goes. But as well as stating it on the phone could i also combined it into a letter with post 4 and send that off? I've been told the right person to address it to is the Compliance Manager.

Once again i appreciate all your help!

HatchiDog

I think this is what i meant regarding Data Protection...

10 Right to prevent processing likely to cause damage or distress.E+W+S+N.I.(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—
(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b)that damage or distress is or would be unwarranted.
(2)Subsection (1) does not apply—
(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b)in such other cases as may be prescribed by the [F1 Secretary of State] by order.
(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—
(a)stating that he has complied or intends to comply with the data subject notice, or
(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.
(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.
(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

Does this relate to what i'm asking them - to no longer contact me by phone and to take it off there system?

nottoolate

this is correct and was confirmed as so by the information commisioner

https://forums.moneysavingexpert.com/discussion/comment/7061741#Comment_7061741

https://forums.moneysavingexpert.com/discussion/963087

CCCS_Emily wrote: »

Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so.

You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

Harassment, unfortunately, is subjective, and there are only really guidelines, so I think you need to approach this from a DPA angle. But do keep a log of the calls they make in the meantime to give more sway to your complaint if you need to make it. You could also get call barring from your telephone provider to stop the anonymous calls, if they provide that service for free.

Your creditors do need to have contact details for you, but an address is all they need.]

If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.

Creditors are not obliged to deal with us, as a DMP is not legally binding, but they are obliged to take the payment if it is sent to them, by whoever sends it to them.

Hope that helps. Let us know how you get on.

FireWyrm

Frankly, I think you'll get further by aleging harassment and threatening to take them to court. Useful phrases should include OFT, financial ombudsman, police and solicitor. Whether or not you or they can record calls and whether or not this is a breach if the data protection act is moot. Your only concern is to stop them calling you as often and it seems that they won't listen to reason, therefore your only recourse is threats of official sanctions. Don't get into a contents about who has the right or wrong and who can hide behind the DPA because they will literally cling to their brass and you will get exactly nowhere, only more frustration. They're like trolls in some ways...stop feeding them. Write the stinging letter and tell them that you are experiencing financial difficulty and that continued harassment on this scale will force you to be less inclined to their cause when the time comes to apportion what little money there is. They can either be polite, or they can wait...it's that simple.

Then, change your phone number, make it ex-directory and only return written correspondence. In your letter, you make it clear that you will not tolerate their behaviour and you will be making complaints to higher authority. What they are doing is bullying you...slap them. I usually advocate tolerance and working with the creditor to find a solution, but just occasionally, they abuse their might and attempt to intimidate instead of negotiate. In those cases, you are well within your rights to issue a rebuke...do so and be done with it. phone tag and verbal fencing commentary on the rights and wrongs of who broke the DPA first will get you exactly nowhere.

HatchiDog

Ok well i've taken all the advice and tried to put together in a letter. Not really done this before (i think you can tell) so please let me know what you think.

[FONT=&quot]
[/FONT]

[FONT=&quot]RECORDED DELIVERY[/FONT]
[FONT=&quot]Data Controller,
Capital One
350 Euston Road,
London,
[/FONT][FONT=&quot]NW1 3JJ

[/FONT]
[FONT=&quot]Re: HARRASMENT BY TELEPHONE[/FONT]
[FONT=&quot]PLEASE READ CAREFULLY[/FONT][FONT=&quot]

ACCOUNT NUMBER: [/FONT][FONT=&quot]XXX XXX XXX
[/FONT]
[FONT=&quot]
Dear Sirs

I have already written to you on this matter which you received on XXX. I advised you I no longer wished to be contacted by telephone but I am more than happy to receive your written communication. I then received your response dated XXX in which you state you had a right to call and would keep on doing so.[/FONT]

[FONT=&quot]Since then I have indeed been harassed by around 6 calls per day on both the land line and mobile. I must tell you under the OFT rules of conduct i consider your actions to be harassment, you do not have the right to continually call me and to do so is thoroughly illegal. As such I will be commencing proceedings against you copied to the OFT and trading standards. [/FONT]
[FONT=&quot]
Also may I draw your attention to this section of the Data Protection Act 1998 and my right to revoke;-[/FONT]

10 Right to prevent processing likely to cause damage or distress.

(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—
(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b)that damage or distress is or would be unwarranted.
(2)Subsection (1) does not apply—
(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b)in such other cases as may be prescribed by the /I][I]F1[/I][I] Secretary of State[/I][I by order.
(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—
(a)stating that he has complied or intends to comply with the data subject notice, or
(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.
(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.
(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

I shall make this simple and sum it up for you:-

If I request my telephone number to be removed from my account and request you contact me only by post you are obliged, by the Data Protection Act, to do so. As my creditors an address is all you need.

I am now advising you again your calls have become a nuisance due to the frequency and are very distressing as most of which are silent. As such I revoke your right to use/process my telephone numbers to stop you causing any more distress.

Be in no doubt if this breach of the Data Protection Act continues my complaint will be passed onto the Information Commissioner.

I will be writing to you in full regarding my financial difficulty and a proposed plan but I must say continued harassment on this scale will force me to be less inclined to your cause when I am apportioning what little money there is.

Please also note in addition to the above I am also advising you I DO NOT give you my permission to record any calls you do make to myself from your offices. Now that I have withdrawn my permission if you do record these conversations I believe you may be breaking the law, which means I can now record all the conversations 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.
[FONT=&quot]
PLEASE NOTE THIS LETTER IS THE WARNING YOU REQUIRE AND THE ONLY WARNING YOU WILL GET[/FONT]
If you do not cease these illegal activities, you can join me in court to explain your disreputable activities to a judge. I will of course be seeking punitive compensation for your illegal and mentally distressing behaviour.
[FONT=&quot]
Yours,

[/FONT]Signed Digitally!

Too long winded or too much info for them?

HatchiDog

By the way i will still change my number but I'd also like to report these to any of the authorities i can!

FireWyrm

Gets the point across. Nicely done.

I still think you should change your number, but let's just see how far this little gem gets you.

DVardysShadow

HatchiDog wrote: »

Ok well i've taken all the advice and tried to put together in a letter. Not really done this before (i think you can tell) so please let me know what you think.

Too long winded or too much info for them?

Too much info for them to do what you require. But excellent for letting them stitch themselves up if they don't comply.

FireWyrm

I disagree with DVShadow...

Yes, it's allot of information, but as my English teacher once said, "You can't describe a ball of spit in under 100 words". The OP has made his point, he has quoted the law, they have been duly warned. It's not for the OP to pr!cis his point, it's for them to read it and understand. Should this go to court, he can produce this letter and the judge will wonder why they neither read nor obeyed his request.

chanz4

If you are wanting a decent payment plan, dont get their backs up. Ask for the 30 day grace to consult CAB