Major problems with Cap One and Debitas :(

**brittone05** · 20th October 2007 13:17

Hi Guys

We are having some major wories with cap one icon

nad Debitas right now.

My husband nad I have just passed all of our debts to Sterling Green debt management icon

company.

We have had Capitla One problems for some itme now but have never managed to sort out enough paperwork with them to take it to court due tot hem robbing us blind. Our card is only £200 limit, we have already paid them in excess of £600 and they are demanding a further £503.92 from us.

Because we have refused to pay them and no longer have the debt with us, they have passed over to Debitas.

The lady who keeps ringing us is a total evil witch - she shouts at me, hangs up on me when I tryt o speak to her and even though I have tried to explain to her that Sterling Green have advised us to make no further payments to them until they make contact, she continually contacts me asking me for money.

I have explained via the telephone that she is breaching Sec. 4 of the Telecommunicaitons act as per oyur letter here about harrassment but she baiscally said "I don't care, I want you to pay us".

I have sent htem the letter today but it is getting ridiculous now - she is ringing us at least 30 times a day, Sunday afternoons at 6pm whent he office isn't even open for me to ring nad speak to them!

Please can anyone offer any further advice aboutt he situation before I go crazy or my husband gets into trouble for screaming at her on the phone when she is disturbing him at work every 10 minutes

Similar Threads:

**elizabeth1** · 27th October 2007 23:19

Firstly - don't get into any further telephone conversations with any debt collectors icon

or Cap1 - simply tell them to put it in writing and hang up.

You need to send an SAR icon

and CCA request to Cap1 in your SAR icon

you want the statements, balances, sale document, default notice, etc.. you want ALL information that they hold on this account - the SAR costs £10 and letter is in the template library here to edit to suit your needs.

It may be worth sending a CCA request to debt management icon

company too see if they've got a copy of your agreement - just to see what they actually come up with. Chances are it's an application form they'll try fob you off with.

Once you have got your statements you can reclaim your charges back plus interest icon

- were you paying PPI insurance - because if it was mis sold you can also reclaim that.

Keep your thread updated and we can help you as you go along with any queries you have etc.. - your first stage is to get statements with the SAR and the CCA to see what they show.

Keep reading the various CAP1 threads to see what is happening with other people here - don't be worried - reading here is your best tool in your own bid to reclaim your charges and settle this account.

**mkandy** · 28th October 2007 12:42

Exactly as a Elizabeth says, you can and should take them to court if need be.

Follow the steps to get all the information they hold on you. Complete the SAR icon

template, get all your statements and calculate all of the charges. When you send the SAR icon

include a copy of the CCA request, and include the £1 fee, if they cannot provide a copy of the original credit agreement within 12 days they are essentially committing a criminal offence, and the debt is unforceable - which means they can't keep demanding money off you as the account is in dispute icon

.

You will have to take them to court to reclaim all of the charges, but it's worth it!

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Major problems with Cap One and Debitas :(

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