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Capita threatening letters

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Txakurra
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Joined: Sat Aug 29, 2015 2:25 am

Capita threatening letters

Post by Txakurra » Sat Aug 29, 2015 2:43 am

My wife and I married in the UK 6 years ago. She is Japanese and I am an EU citizen.
Five years ago my wife applied and was granted residence and work permit for 5 years.
This permit expired 3 weeks ago and, although my wife is fully entitled to remain in the UK with me, we decided to apply for a new permit through an agency.
Before we even had time to gather all the needed documents, we received 2 threatening letters from Capita in a matter of one week.
How can Capita be sending letters with such wording to someone who has the right to remain in the UK?
Should not they know the background of each case if they work for the HO as they claim?
How can we stop these people from harassing my wife as this is affecting her psychological health?
Than you in advance for your advice.

vinny
Moderator
Posts: 33323
Joined: Tue Sep 25, 2007 8:58 pm

Re: Capita threatening letters

Post by vinny » Sat Aug 29, 2015 5:10 am

Sadly, she is not alone.

Moreover, note that EEA residence documents are not compulsory.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Capita threatening letters

Post by Obie » Sat Aug 29, 2015 9:53 am

Need to write to Capita explaining your wife's status to them..

You have been in employment for a continuous 5 years period I guess?
Smooth seas do not make skilful sailors

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Capita threatening letters

Post by noajthan » Sat Aug 29, 2015 1:02 pm

Txakurra wrote:My wife and I married in the UK 6 years ago. She is Japanese and I am an EU citizen.
Five years ago my wife applied and was granted residence and work permit for 5 years.
This permit expired 3 weeks ago and, although my wife is fully entitled to remain in the UK with me, we decided to apply for a new permit through an agency.
Before we even had time to gather all the needed documents, we received 2 threatening letters from Capita in a matter of one week.
How can Capita be sending letters with such wording to someone who has the right to remain in the UK?
Should not they know the background of each case if they work for the HO as they claim?
How can we stop these people from harassing my wife as this is affecting her psychological health?
Than you in advance for your advice.
Suggest 1) a cease and desist letter to Capita would be in order
&
2) file a letter reporting your concerns over (mis)handling of personal information to ICO
https://ico.org.uk/concerns
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Txakurra
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Posts: 6
Joined: Sat Aug 29, 2015 2:25 am

Re: Capita threatening letters

Post by Txakurra » Sun Aug 30, 2015 2:39 pm

Dear Obie,

They sent us an email requesting a copy of our marriage certificate and a copy of my identification.
We sent them both but they replied saying they need a colour scan of the certificate, a clour copy of my biometric passport inserted of my ID card and... a certified translation of our marriage certificate!
Since we got married in the UK and the previous black and white scan showed everything was in English, you can imagine our surprise!
It is beginning to look like a Kafka novel...

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Capita threatening letters

Post by Obie » Sun Aug 30, 2015 2:41 pm

Does your wife qualify for right of Permanent Residence?
Smooth seas do not make skilful sailors

Txakurra
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Posts: 6
Joined: Sat Aug 29, 2015 2:25 am

Re: Capita threatening letters

Post by Txakurra » Sun Aug 30, 2015 3:02 pm

Dear Vinny,

Thank you very much for the link.
If by the end of the day on Tuesday Capita still has not confirmed they are ceasing their harassment as I requested, I will try and get in touch with my MP.
Thanks again.

Txakurra
Newly Registered
Posts: 6
Joined: Sat Aug 29, 2015 2:25 am

Re: Capita threatening letters

Post by Txakurra » Sun Aug 30, 2015 6:06 pm

Dear Obie,

No, my wife does not quaslify for permanent residence because we left the UK during 2 years.
This is why we go for the usual resdidence permit.

Txakurra
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Posts: 6
Joined: Sat Aug 29, 2015 2:25 am

Re: Capita threatening letters

Post by Txakurra » Sun Aug 30, 2015 6:18 pm

Dear Vinny,

My wife just found this article backing the argument made in the video you sent me a link of:
http://asirt.org.uk/wordpress/?p=65

mgb
Senior Member
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Joined: Tue Dec 17, 2013 8:28 pm

Re: Capita threatening letters

Post by mgb » Sun Aug 30, 2015 8:04 pm

Txakurra wrote:Dear Obie,

They sent us an email requesting a copy of our marriage certificate and a copy of my identification.
We sent them both but they replied saying they need a colour scan of the certificate, a clour copy of my biometric passport inserted of my ID card and... a certified translation of our marriage certificate!
Since we got married in the UK and the previous black and white scan showed everything was in English, you can imagine our surprise!
It is beginning to look like a Kafka novel...
You could point out that marriage certificate and passports were already checked by UKVI.
If you want to play the same game you could ask about proof that Capita has the right to supersede UKVI.

Txakurra
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Posts: 6
Joined: Sat Aug 29, 2015 2:25 am

Re: Capita threatening letters

Post by Txakurra » Sun Aug 30, 2015 8:33 pm

Good point MGB!

ingeborgisbjorn
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Re: Capita threatening letters

Post by ingeborgisbjorn » Mon Aug 31, 2015 10:50 am

Hi everyone,

I am the Japanese wife in question. My chief concerns, among many others, are:

- That Home Office has apparently given my personal information to a third-party private company without notifying me first. Is this not in breach of Date Protection Law?

- That the said information is totally and absolutely incorrect. Yet CAPITA continues to use it to persecute me after my pointing it out, explaining and providing further information (which I wonder I am obliged to at all). Is it legal?

- That the letters have no identifiable signatures, in spite of their highly insulting and threatening contents. Do such letters, emails etc. have any legal validity?

- My health is being seriously affected by the actions of CAPITA. Is there any way I can be compensated for such damage?

Any advice would be much appreciated.

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Capita threatening letters

Post by mgb » Mon Aug 31, 2015 4:05 pm

Simply do a EEA2 application and ignore Capita.
It is not worth to ruin your nerves.

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Casa
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Posts: 25776
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Capita threatening letters

Post by Casa » Mon Aug 31, 2015 4:09 pm

mgb wrote:Simply do a EEA2 application and ignore Capita.
It is not worth to ruin your nerves.
You've missed the point. ingeborgisbjorn has already been issued with an EEA2 permit over 5 years ago and now qualifies for permanent residence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Capita threatening letters

Post by mgb » Mon Aug 31, 2015 4:25 pm

Regarding to posting nr. 8 it is not possible.

noajthan
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Posts: 14911
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Location: UK

Re: Capita threatening letters

Post by noajthan » Mon Aug 31, 2015 5:04 pm

ingeborgisbjorn wrote:Hi everyone,

I am the Japanese wife in question. My chief concerns, among many others, are:

- That Home Office has apparently given my personal information to a third-party private company without notifying me first. Is this not in breach of Date Protection Law?

- That the said information is totally and absolutely incorrect. Yet CAPITA continues to use it to persecute me after my pointing it out, explaining and providing further information (which I wonder I am obliged to at all). Is it legal?

- That the letters have no identifiable signatures, in spite of their highly insulting and threatening contents. Do such letters, emails etc. have any legal validity?

- My health is being seriously affected by the actions of CAPITA. Is there any way I can be compensated for such damage?

Any advice would be much appreciated.
As well as contacting your MP for advice & support, suggest
1) a cease and desist letter to Capita would be in order
&
2) file a letter reporting your concerns over data protection & (mis)handling of personal information to ICO
https://ico.org.uk/concerns
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Posts: 25776
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Capita threatening letters

Post by Casa » Mon Aug 31, 2015 6:49 pm

mgb wrote:Regarding to posting nr. 8 it is not possible.
Sorry, I missed that! :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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