My pleasure and Good Luck!! Keep in mind that it may take a few weeks for them to compile and send out the information you've requested. Just be patient, and if you receive any phone calls in the interim, simply indicate to whoever you are speaking with that you have faxed a request to Mr/Ms Privacy Officer and until you receive a response from them, you are ceasing any further discussions with the bank.

Please do keep us updated on how your story unfolds. Many of us have gone through a rough spell, too, hence why we're eager to help each other out by passing knowledge along. Just keep in mind that I'm not a lawyer, so if this gets really heated, do go and seek some professional advice.

Cheers!

Thank you so much, I have done what you stated as I said before,and will go to Staples in the morning and fax etc. Your kindness is so much appreciated by my husband and myself. Thank- you I will keep you posted if that is ok. Take care.

Daisy,

I’m surprised that Capital One has stated that they cannot respond to your request because you submitted it in writing? I’m not sure what exactly to say there, except be certain to retain that letter. It may prove useful later on should the matter ever make it to a court room. After all, it’d be easy for them to disavow the receipt of a verbal request; however, right now you’re holding proof that they have received your request for a copy of this mystery contract. So, if there is a bluff in play, my guess is it pertains to them NOT having this said contract, and thus, they are trying to scare you into folding your hand, caving and shelling over some dough.

This is why you again want to re-state your request to their Privacy Officer. FTR: When I put my requests into Amex and RBC (using the same template) I never received a copy of either original application. What I did receive was copies of my account statements, notes from their collection agencies, the banks call logs (discussion notes from all the calls I had made to agents in their office since my accounts were opened), and a stack of other goodies…

I chose to send my PIPEDA request via fax, with a note on the cover sheet indicating my original letter would follow via standard post. I also kept every fax confirmation sheet as proof that the transmission’s successfully completed. Sending your request via registered mail w/tracking is also a good viable option – just a little more expensive then using the fax service at Staples. It’s really a personal call; if choose the fax route though, just try and ensure that you are faxing your letter to the Privacy Officer’s dept.. Capital One’s general fax # may be fine, too, but why not pin it as close as you can to the intended recipient – catch my drift? ;-)

I would send it by expresspost and pay the extra dollar for the receiver to sign it, so you have the proof.

Sorry one more question for Ottawa Chap, do I send this letter and future letters by Registered Mail. Thanks again.

Sorry maybe I didn't explain very good. I asked Capital One for a copy of the contract he signed. Today they sent a letter stating they do not do this request in writing only by verbal request via telephone. Thank you so very much for all the info you supplied. I am now going to do everything you have laid out for me. Thanks again very kind of you.

Daisy,

I'm not sure how the C/A would supply a copy of the contract via telephone? You're not physically holding anything (but the phone) during a verbal discussion. I must have misread your question?? Either that or the agent you spoke with is completely out to lunch.

In regards to P.I.P.E.D.A and what all it 'incorporates', here's a link to the act: http://laws.justice.gc.ca/en/ShowFullDoc/cs/P-8.6///en

The template I provided you should send a msg to Cap1 which indicates you are both on a fact finding mission, and that you are familiarizing yourself with laws pertaining to the collection of debts. At the very least, you'll grab someone's attention and more then likely that will spawn a few conversations around a water cooler at their office.

Also, be sure to insert some firmly worded language which indicates that they have failed to supply you with this specific contract, and above all, it is to be included with the package they return to you.

If they fail to supply you with a copy of the contract your husband has supposedly signed, then you may wish to send them a Cease and Desist letter afterwards which will also request [in it] that they take the matter to court. I have a template for this too, which I put together a few months ago and have had a ~90% success rate with. Currently, I only have one ignorant agency who continues to call from time to time.

You, too, may wish to ramp up on the Prohibited Practices and Methods in the Collection of Debts. It's a fairly easy read, and having a little extra knowledge in the area will only help strengthen your position.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900074_e.htm#BK6

I would like to know if the pipeda letter will work; if the collection agency put their information in my credit file without my consent. I had a Canadian tire debt that was sold to contact resources and contact resources put their information in there without my consent. I would love to get contact resources off my credit report. I also have a collection agency in there from a debt that wasn’t purchased and I would also like them removed. Thanks in advance.

Thank you so much I will try this, is it true that they can only do this by phone,supply a copy of the contract ? Thanks so much.

Daisy,

If Cap 1 won't furnish you with the information you're after, adjust this template accordinally (so that it also reflects the contract you are seeking) and then both fax, and, mail a copy to the Privacy Officer at their office. Of course, before doing so, first call in and determine who thier Privacy Officer is. ;-)

FYI: I've used this with both Amex and RBC. The paperwork you should receive back will [hopefully] be quite extensive.

Enjoy, and Good Luck...

[Begin]

Date

In regards to: Account #

Privacy Officer's Name
Company Name
Compliance Dept.
Address
City, Province
Postal Code

Dear 'Privacy Officer',

I am writing you in connection with the above-noted account.

This letter will confirm that, under the Personal Information Protection and Electronic Documents Act (PIPEDA), I wish to obtain a copy of all records containing my personal information.

More specifically, I am requesting copies of the following records:

Any recorded telephone conversations with respect to my account involving employees of Capital 1 , and/or the company’s affiliates (i.e. 3rd party agencies);

The contents of your electronic file on my above-noted account, including but not limited to the note lines;

The contents of any hard copy file in connection with the above-noted account;

Outgoing correspondence with respect to my file including any documents sent by regular mail, courier, facsimile (including fax cover sheets) or e-mail;

Incoming correspondence with respect to my file including any documents received by regular mail, courier, facsimile or e-mail;

All contracts that contain my signature;

Any credit reports in your possession.

I understand that under PIPEDA, you have 30 days from the date you receive this letter to provide me with any records containing my personal information, except where you satisfy the conditions for a 30-day extension, in which case you have 60 days from the date of receiving this letter to provide me with copies of the requested personal information.

Regards,

[Signed]

Your Name

cc: Office of the Privacy Commissioner of Canada

[End]

Note: You do not necessarily have to cc the Privacy Commissioner; FTR: I didn't... This just adds that extra element of seriousness to the letter.