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Capita threatening letters

Posted: Sat Aug 29, 2015 2:43 am
by Txakurra
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.

Re: Capita threatening letters

Posted: Sat Aug 29, 2015 5:10 am
by vinny
Sadly, she is not alone.

Moreover, note that EEA residence documents are not compulsory.

Re: Capita threatening letters

Posted: Sat Aug 29, 2015 9:53 am
by Obie
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?

Re: Capita threatening letters

Posted: Sat Aug 29, 2015 1:02 pm
by noajthan
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

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 2:39 pm
by Txakurra
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...

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 2:41 pm
by Obie
Does your wife qualify for right of Permanent Residence?

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 3:02 pm
by Txakurra
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.

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 6:06 pm
by Txakurra
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.

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 6:18 pm
by Txakurra
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

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 8:04 pm
by mgb
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.

Re: Capita threatening letters

Posted: Sun Aug 30, 2015 8:33 pm
by Txakurra
Good point MGB!

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 10:50 am
by ingeborgisbjorn
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.

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 4:05 pm
by mgb
Simply do a EEA2 application and ignore Capita.
It is not worth to ruin your nerves.

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 4:09 pm
by Casa
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.

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 4:25 pm
by mgb
Regarding to posting nr. 8 it is not possible.

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 5:04 pm
by noajthan
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

Re: Capita threatening letters

Posted: Mon Aug 31, 2015 6:49 pm
by Casa
mgb wrote:Regarding to posting nr. 8 it is not possible.
Sorry, I missed that! :|