Lugger loses it with Cap 1's Call Centre

[theGobbyOne]

Re: Lugger loses it with Cap 1's Call Centre

Yeah, well I thought I had an agreement with Barclaycard where they agreed to freeze interest so long as I was paying them at least £50 a month.

I only found out after Cabot got involved and I got to see statements (BC stopped sending me them, which I thought was OK cos we had an "agreement") that I found out virtually everything I was paying them was interest.

So, take nothing for granted. Check they are not being sneaky.

I have it in writing from them that interest etc frozen so shall guard it like gold dust!!!!!

[MIKE770]

Re: Lugger loses it with Cap 1's Call Centre

You will probably find cap one has stopped interest, give them that they usually go on their word on that front.:beagle:

[LuggerBugs]

Re: Lugger loses it with Cap 1's Call Centre

It will come as no surprise for you to learn that my letter of complaint was treated with absolute contempt.

I have therefore penned the next exciting instalment in the saga. Response letter only, cos there's obviously no point including a boring standard SAR.

James Bell
Executive Response Centre
Capital One Bank (Europe) PLC
PO Box 5283
Nottingham NG2 3YG

Account in Dispute

Dear Mr Bell,
Account Number: Blah, blah, blah
Thank you for your letter dated 5 October 2009. Unfortunately I am unable to accept your response as being in any way satisfactory.
I must point out once again that I consider your contention that you are lawfully entitled to continue contact by telephone, in direct opposition to my wishes, to be an erroneous assumption on your part. There are various reasons why payments may be late, and in my case it will be clear from previous conversations that I have had with your call centre staff that I have explained at least once why my payments are occasionally late.
In other words, since I take great exception to being treated as if I have a learning difficulty, I cannot accept that you have either a need, or a God given right to call simply because you are stupid enough to think that the law is on your side in this matter: it most certainly is not.
In light of your comments then, I feel that I have no option other than to escalate that part of my complaint to Trading Standards, the OFT and OFCOM, as clearly your statements indicate that you are perfectly happy to breach Administration of Justice Act1970, the Communications Act 2003, and the Protection from Harassment Act 1997.
Whilst you may be correct that I cannot use recorded conversations as evidence in court, where I do not have the consent of the other party to record such calls, you are foolish to assume that such evidence can not be considered by the various regulatory bodies. In any event, there is nothing to prevent me from using a diary of calls as evidence, even in court. Please be assured that such evidence WILL be used as necessary.
You will note also, that I withdraw ALL consent for you to record, in whatever format, any calls that your company might deem necessary to make now, and in the future. As such, it is patently obvious to all but the mentally challenged that to call me by telephone from now on would be a fruitless exercise.
Now to your comments regarding your regime of charges.
I am extremely pleased to note that you state the £12 you currently charge is in line with the OFT’s review of September 2006, and indicate you clearly understand that this sum is merely a suggestion. It is NOT a limit set by the OFT, nor is it a figure which the OFT has stated to be fair.
To ensure that there is no doubt, I must make you aware that I DO NOT consider £12 to be fair. I DO consider it a self imposed ceiling set by your industry, whereby your industry will be fairly sure that this amount will not currently be considered for investigation by the OFT. In other words, it is a limit that your industry has set, in the mistaken belief that you will be able to “get away with it.” Let me assure you that this is not the case.
Whilst you will no doubt argue that it is pointless to do so for obvious reasons, I must insist on bringing to your attention the fact that the much publicised test case brought by the OFT against various banks, and arguing that the banks’ charges are unfair, is nearing its conclusion. I mention this, since the principals involved are very much similar to those inherent in my complaint. Therefore it is my belief that your charges are unfair, and therefore may be challenged in court on that basis.
I am now about to send Capital One a request for all data that it holds on me, as is my right under the Data Protection Act. Included in that information will be my entire transaction history, including any charges which I deem to be unfair. Upon receipt of that information, I shall be able to calculate precisely the amount that I feel Capital One shall be due to reimburse me, plus any interest that I may have paid on that amount. Additionally, I shall seek to calculate the amount of interest that I feel should be added to that amount, and you should be aware that it is my belief that I have the right to compound interest in restitution. You will note that there is extensive case law to support my belief. If necessary, I shall issue court proceedings to recover those sums.
However, should Capital One wish to refund me now all default charges that have been levied on my account from its inception, and add simple interest at a rate of 8% per annum, I am prepared to accept the portion of my complaint in respect of default charges to be satisfied. You will not need to be particularly astute to realise that the timescale by which you need to respond to this suggestion will expire a maximum of 40 days after you receive my Statutory Access Request. And that said request accompanies this letter under seperate cover.
Yours Sincerely,

[veilside01702]

Re: Lugger loses it with Cap 1's Call Centre

Love it lugger..... straight for the jugular...... lol
Love the fact you have called them 'stupid' and 'mentally challenged' all in one letter.... lol
I haven't got the balls to write like this.... lol
I am subscribing to this.....
I missed our chats while I was away, you always had me laughing...
Russ

[Budgie]

Re: Lugger loses it with Cap 1's Call Centre

Have you sent it already.

If not then please note.

The Test Case has nothing whatsoever to do with credit card charges.

We consider that credit card charges are possibly both unlawful penalties under common law and unfair terms under UTCCR1999, therefore unenforcable. The Test Case has nothing whatosever to do with testing the application of UTCCR1999 to credit card charges nor will any of the possible outcomes of the test case affect the validity of a claim for the return of credit card charges.

Personally I wouldn't mention it in your letter.

Other than that I don't really understand why you didnt just send off your SAR one month ago. You would have received details of your charges by now and probably sent off your preliminary letter and therefore be well on the road to recoevring your charges.

I do appreciate the humour in you letter though but sadly it will be lost on Capital One as they have their humour hormones removed as part of their initiation ceremony.

Stop messing about Lugger and get your SAR off.

Budgie

[Amethyst]

Re: Lugger loses it with Cap 1's Call Centre

Think he attached the sar to the letter

You will not need to be particularly astute to realise that the timescale by which you need to respond to this suggestion will expire a maximum of 40 days after you receive my Statutory Access Request. And that said request accompanies this letter under seperate cover.

maybe change it to Subject

I do get the OFT test case bit, its not concluded that credit card defaults arent unfair under utccr as well as common law and the OFT have said they will be taking legal action to sort these bits out on ccards in the future.

[LuggerBugs]

Re: Lugger loses it with Cap 1's Call Centre

Have you sent it already.

If not then please note.

The Test Case has nothing whatsoever to do with credit card charges.

We consider that credit card charges are possibly both unlawful penalties under common law and unfair terms under UTCCR1999, therefore unenforcable. The Test Case has nothing whatosever to do with testing the application of UTCCR1999 to credit card charges nor will any of the possible outcomes of the test case affect the validity of a claim for the return of credit card charges.

Personally I wouldn't mention it in your letter.

Other than that I don't really understand why you didnt just send off your SAR one month ago. You would have received details of your charges by now and probably sent off your preliminary letter and therefore be well on the road to recoevring your charges.

I do appreciate the humour in you letter though but sadly it will be lost on Capital One as they have their humour hormones removed as part of their initiation ceremony.

Stop messing about Lugger and get your SAR off.

Budgie

Where's yer sense of humour? It's only about £36 quid's worth of charges, so I've got to draw things out for the entertainment value. :tinysmile_twink_t2:

Although you're probably right... I should take out the bit about the banks case. Or at least amend it a little. Ah, feckit. I'll leave it in.

SAR gone to their data controller, but I'll be cc'ing this fecker too so he's well aware.

[Budgie]

Re: Lugger loses it with Cap 1's Call Centre

Where's yer sense of humour? It's only about £36 quid's worth of charges, so I've got to draw things out for the entertainment value. :tinysmile_twink_t2:

Although you're probably right... I should take out the bit about the banks case. Or at least amend it a little. Ah, feckit. I'll leave it in.

SAR gone to their data controller, but I'll be cc'ing this fecker too so he's well aware.

Will let you get on with it then LuggerBugs.

To some people £36 is a lot of money and you obviously haven't experienced first hand the misery that these guys can cause to people with their vindictive, evil charging regimes.
I doubt whether they will find it amusing and will most likely pick up on the incorrect statements in your letter if they actually bother to respond to you at all.

After a 2nd read though the letter isn't actually that humorous.

But good luck with it anyway!

Budgie

[LuggerBugs]

Re: Lugger loses it with Cap 1's Call Centre

No, but I've had to put up with the misery caused by RBS's vindictive, evil charging regime. Actually, RBS used to make my life hell with more than £36 per hit. Actually again, I'm a wee bit puzzled why you felt the need to make that comment at all? But then, I'm 4 sheets to the wind, so maybe it'll make sense in the morning.

[100mel]

Re: Lugger loses it with Cap 1's Call Centre

I've got the same trouble with Cap 1 - my payment was late and made by post because if you don't pay in advance or on the nail they block access to online account so despite this and the postal problems they are calling my mobile at all hours of the day and night - 10 pm last night. I have already despatched the harassment letter - they have ignored that so I shall be contacting Trading Standards in the morning

On the subject of charges I have taken them all to FOS as complaints - everyone with the exception of Cap 1 gave in gracefully and paid up - Cap 1 are still arguing. I think I'll just drop a line to the FOS making them aware of these telephone antics too

All calls have been of poor call quality, incomprehensible english but with a UK number attached - they seem to be about the worst of any call centre

Cap 1 are a disgrace and I'm about to lose it with them too