Tweet
Re: Fightinghard's Diary
Type of account: CAPITAL ONE CREDIT CARD
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC. collection to be handled by Apex (w.e.f. 21/7/15) Then Credit Solutions (w.e.f 16/10/15)
16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED
Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre- 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideration and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan. (IGNORED)
6 Nov. 2015 - Letter from Credit Solutions urging me to contact them by 17 November 2015 to sort out an affordable repayment plan otherwise account will be returned to Cap1 for further action which could include a) sharing info. with C.R.A.'s which could impact my ability to obtain further credit and b) Cap1 selling my account to a third party who will then become responsible for pursuing the debt.(IGNORED)
20 Nov. 2015 - Letter from Credit Solutions stating that following a recent review of my account, their client is prepared to accept 50% in settlement and will not pursue the balance further nor pass the balance on to anyone else for recovery. My account will be updated to show a partial settlement although the unpaid balance will remain as an outstanding sum and their client reserves the right to set off the unpaid balance against any subsequent claim I may bring against them. My credit file will be updated to show the balance as satisfied with a special flag to indicate partial settlement and the status amended to reflect the account has been partially settled. This information will remain on my credit file for six years from the date my default was recorded.
28 Nov 2015- Letter from Credit Solutions expressing their disappointment that I have not contacted them to discuss an affordable repayment plan and advising me that no further notice will be sent to me and if I still fail to make contact, the account will be referred back to their client (Cap. 1) who may then consider selling the debt and I will then no longer be dealing with Capital One Bank (Europe) as any action pursued by the new owner to recover the debt will become their responsibility. To avoid this action taking place I must, therefore, contact Credit Solutions immediately to discuss repayment/ settlement options.
3 Dec. 2015- Letter from Cap.1 confirming that they hold my £10 fee but stating that if I wished to proceed with my S.A.R. I must send a copy of my Driving Licence or Passport (or contact their Customer Service Department by telephone) in order that my identity may be verified as my earlier letters did not provide a signature.
7 Dec. 2015 - Sent response letter to Cap.1 expressing my shock and disgust that they were still attempting to use the "signature does not match their records" excuse to delay this request and that they must now check their telephone call records for 27 October 2015 to see that the Duty Manager in Customer Services that day had, as a result of our telephone conversation that day , finally expressed his satisfaction as to my identity and that my S.A.R would, therefore, be processed accordingly.
Type of account: CAPITAL ONE CREDIT CARD
Date commenced: - June 2002
Approx. balance: - £2800
Date of last Full payment: - March 2013
Current Arrangement: - No payment made since April 2015 (Self-managed DMP before that from May 2013)
Status: - Defaulted
Account owner: - Still with OC. collection to be handled by Apex (w.e.f. 21/7/15) Then Credit Solutions (w.e.f 16/10/15)
16 March 2015 - C.C.A. Request (Section 78) sent to Cap1.
2 April 2015 - Recon. Documents (Photocopied Part of Application Form with Sigs. and T & C's received from Cap.1)
22 April 2015 - Documents uploaded via secure thread
29 April 2015 - Niddy feels that what was supplied appears ENFORCABLE although it does depend on whether or not the PT's and T&C's supplied under CCA request were present at inception.
18 May 2015- Template Application Form Letter sent to Cap1.
27 May 2015- Response from Cap1 advising they have complied with Section 78 and they consider the account enforceable.
3 June 2015- Response uploaded via secure thread
4 June 2015 - Niddy says it's a standard response and his 29 April view remains unchanged.
9 June 2015 - Letter (along with statement of account) from Cap1 requesting missing May payment within 7 days or debt may be passed to DCA or a debt purchaser.
LETTER IGNORED
Although Niddy feels this is ENFORCEABLE I have decided to try the UE route (being as this is a pre- 2007 agreement) but should this look like proving unsuccessful at the end of the day then will try and negotiate a reasonable F & F settlement.
3 July 2015 - further letter from Cap1 again requesting missing May payment with same threats as before-IGNORED. (June instalment well overdue now too)
21 July2015 - letter from Cap 1 advising they have instructed Apex Credit Management to act on their behalf to arrange repayment and that Apex will be in touch with me shortly
22 July 2015 - phone call from Apex- told caller to deal with me in writing only (so guess letter will follow soon)
3 August 2015 - Introductory letter received from Apex Credit Management.
10 August 2015 - Letter from Apex advising me they want to help me take some positive steps towards paying my balance and to contact them within 7 days.
11 August 2015 - Responding with SWID letter (as suggested previously by Mrs.D, NightWatch, and Pixie and to each of whom I give thanks for their guidance) N.B. Letter to be sent on 17 August 2015)
13 August 2015 - SAR sent
22 August 2015 - Further letter from Apex stressing need for me to contact them so they can help with the most suitable solution to help me in repaying.
22 August 2015 - SWID letter sent.(although a week later than originally intended)
05 Sept. 2015 - Letter from Apex (dated 01/09/15 and rather pleading for me to contact them to discuss my situation so they can help with proposals for affordable repayments otherwise they may begin to assess my account with a view to returning it to their client who could chose to pass it on to an alternative company to recover)
06 Sept 2015 - Letter to Apex instructing them to read and assimilate the contents of my SWID letter
09 Sept 2015 -Letter from Cap1 stating that they are unable to provide the docs. I requested in my SAR as my signature on letter of Authority I provided does not match their records and therefore asking that I resend my request with a copy of current driving licence and/or passport attached thereto. Letter states also that my £10 is being refunded separately and will need to be re-submitted with new request and only then will the 40 day time limit commence.
10 Sept 2015 - Template letter sent (kindly provided by Niddy & basically telling Cap1 they are out of order and must deal with my SAR request anyway
11 Sept 2015 - Letter from Apex advising they have noted my SWID letter and have referred the account to their client for consideration and will be in further contact with me when they have a response. ( LETTER IGNORED)
23 Sept 2015 - Another introductory letter received from Apex Credit Management (Apart from its date this letter is exactly identical to that I received from Apex on 3 Aug 2015 and is being IGNORED)
28 Sept 2015 - Cheque for £10.00 (Refund of S.A.R. fee) received from Cap1.
29 Sept.2015 - Cheque returned to Cap1 (along with copy of my original S.A.R. request dated 13 August 2015 and a copy of my template letter (kindly provided by Niddy) dated 11 September 2015) with a covering letter pointing out that the 40 day prescribed period has now elapsed and Cap1 are, therefore, in breach of D.P. requirements.
09 Oct. 2015 - Yet another introductory letter received from Apex Credit Management. (Apart from its date this letter is exactly identical to those I received from Apex on 3 Aug 2015 and 23 Sept. 2015 and is again being IGNORED)
16 Oct. 2015 - Letter from Cap1 again stating that the documents I requested in my recent correspondence have not been supplied as I had not signed my letter.In addition they state they have not received the required fee of £10 as the original payment I made was returned to me by cheque on 7 September. They further state they appreciate that under DPA 1998 I am not required to provide a signature but as they are committed to protecting their customer's personal information they do ask that their customers provide signed letters to satisfy them as to the customer's identity and where this does not match their records they feel it reasonable to request further proof to protect their customers. They then add that I may, therefore send them either a copy of my driving licence or my passport to confirm my identity, alternatively I may contact their Customer Service Department on the telephone number provided at the head of the letter and once my identity has been confirmed they will arrange for my request to be processed. Finally they state that the 40 day time limit to provide an SAR as prescribed by S7(8) of the Act does not commence until they receive the correct documents and appropriate fee.18 Oct. 2015 - letter from Cap 1 advising they have now instructed Credit Solutions to act on their behalf to arrange repayment and that Credit Solutions will be in touch with me shortly but I can contact them first if I want to. (I don't want to !!)(LETTER IGNORED)
27 Oct. 2015 - 'phoned Cap1- (got Customer Services) and was asked to confirm d.o.b., postcode and last 4 digits of mob. no. following which I was advised that they were satisfied re. my identity and my S.A.R. would now be processed subject to receipt of £10. Pointed out that they held my £10 as their refund cheque was returned to them uncashed on 29 Sept. 2015 but was then advised that Cap1. had subsequently raised yet another refund cheque on 14 October and I would now need to return that to them or alternatively send them another £10 straightaway and just cash their (second )refund cheque when it arrived. I mentioned that it was now best part of 3 months since my original S.A.R. and I would now be taking the matter further. (As their original refund cheque arrived on 28 Sept., some 19 days after their 9 Sept.letter, I guess I can expect a similar delay in getting their second refund ( nothing arrived so far) so to expedite things I'm sending them another P.O.)
28 Oct. 2015 - Letter from Credit Solutions requesting that I contact them so one of their agents can work with me to agree a personalised, affordable and maintainable, repayment plan. (IGNORED)
6 Nov. 2015 - Letter from Credit Solutions urging me to contact them by 17 November 2015 to sort out an affordable repayment plan otherwise account will be returned to Cap1 for further action which could include a) sharing info. with C.R.A.'s which could impact my ability to obtain further credit and b) Cap1 selling my account to a third party who will then become responsible for pursuing the debt.(IGNORED)
20 Nov. 2015 - Letter from Credit Solutions stating that following a recent review of my account, their client is prepared to accept 50% in settlement and will not pursue the balance further nor pass the balance on to anyone else for recovery. My account will be updated to show a partial settlement although the unpaid balance will remain as an outstanding sum and their client reserves the right to set off the unpaid balance against any subsequent claim I may bring against them. My credit file will be updated to show the balance as satisfied with a special flag to indicate partial settlement and the status amended to reflect the account has been partially settled. This information will remain on my credit file for six years from the date my default was recorded.
28 Nov 2015- Letter from Credit Solutions expressing their disappointment that I have not contacted them to discuss an affordable repayment plan and advising me that no further notice will be sent to me and if I still fail to make contact, the account will be referred back to their client (Cap. 1) who may then consider selling the debt and I will then no longer be dealing with Capital One Bank (Europe) as any action pursued by the new owner to recover the debt will become their responsibility. To avoid this action taking place I must, therefore, contact Credit Solutions immediately to discuss repayment/ settlement options.
3 Dec. 2015- Letter from Cap.1 confirming that they hold my £10 fee but stating that if I wished to proceed with my S.A.R. I must send a copy of my Driving Licence or Passport (or contact their Customer Service Department by telephone) in order that my identity may be verified as my earlier letters did not provide a signature.
7 Dec. 2015 - Sent response letter to Cap.1 expressing my shock and disgust that they were still attempting to use the "signature does not match their records" excuse to delay this request and that they must now check their telephone call records for 27 October 2015 to see that the Duty Manager in Customer Services that day had, as a result of our telephone conversation that day , finally expressed his satisfaction as to my identity and that my S.A.R would, therefore, be processed accordingly.
Re: Fightinghard's Diary
)
Comment