Candyfloss -v- Capital One !!

[honey28]

Good Luck!

[candyfloss]

Thanks Honey. Another quick question....i've asked for my charges totalling £900 to be paid back to me, but I'm still paying the DCA and there is still around £300 to be paid on this account. Will they take the £300 off the £900 they owe me even although what I'm paying back is their unlawful charges? My card limit was only £200 in the first place!

[candyfloss]

I have just received TWO telephone calls from Debitas, Crap One's in house debt collection agency!

 

They went something like this as far as I can remember....

 

Debitas : Can I speak to XXXXXX please?

Me: Speaking

Debitas : This is Debitas, can I have your date of birth and postcode please?

Me : I'm sorry but I will not give out my personal details over the phone to someone I don't know

Debitas : But I've already told you this is Debitas

Me : I don't care who you say you are, I don't know that for sure so I will not be giving any of my personal details over the phone to you

Debitas : Have you told anyone else about Debitas?

Me : Pardon?

Debitas : *large exaggerated sigh* Have you told anyone else about Debitas?

Me : Erm.....no

Debitas : Well why would I telephone you saying I was from Debitas if I wasn't?

Me : I don't care who you say you are, I don't know if you are who you say you are so I will not be giving you any of my personal details over the phone *getting very annoyed*

Debitas : So what you're saying is you are refusing to discuss your account?

Me : I will discuss my account in writing, so write to me

DEbitas : I've told you who I am, I will only discuss your account with you over the telephone.

Me : I will not discuss anything with you by telephone, if you wish to communicate with me write to me! *slightly starting to lose the head* lol oops

DEbitas : I will give you one last chance Mrs XXXXX are you refusing to discuss your account with me?

Me : And I will tell you one last time, i will only communicate with you in writing, I am not discussing anything with you by telephone.

DEbitas : Can I just confirm that you have refused to discuss your account with me

Me : write to me

Debitas : I'll make a note that you are refusing to discuss your account

Me : I will communicate in writing only so WRITE TO ME *I'm afraid at this point I shouted at him*

Debitas : Thank you Mrs XXXXX i've made a note you have refused to discuss you account with me

Then there was a silence but he was still on the line, I waited til he hung up the phone, then he said....

"Can I help you?"

Huh???

So I hung up.

 

Less than two minutes later my mobile rang again

 

Debitas : This is such and such again (I didnt catch his name, which I'm now kicking myself about) from Debitas.

Me : Yes?

Debitas : I would like to give you one last chance to discuss your account with me

Me : How many "last chances" are you going to give me...? I've told you already write to me

Debitas : Thank you Mrs XXXX ive made a note that you are still refusing to discuss your account. Goodbye.

 

Both times the number was withheld. and during part of the conversation he was talking to me asking for my postcode and date of birth and I angrily talked over him stating that I would not give out my personal details over the phone, at which point he shouted and told me to "stop that"! and "please do not talk over me"!!! The b****y cheek of him!

 

I have drafted a letter to Debitas which reads as follows :-

 

"Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXXXXX

 

I am writing to express my serious concerns regarding two telephone calls I have today received from Debitas.

 

I made several comments to your representative that I would not give out my personal details over the telephone and would only communicate with your organisation in writing, but I was informed by him that communication between Debitas and myself would only be made by telephone.

 

I am now requesting that all further correspondence is in writing. I refuse to repeat the same story one more time.

 

I demand the telephone calls stop immediately and I also request that Debitas remove my home, work and mobile telephone numbers from your database. I have enquired about the legalities of this harassment and I am familiar with the terms of Section 40 of the Administration of Justice Act. And I believe with your harassment you are in breach of this.

 

If you continue to call you will be in breach of the Wireless Telegraphy Act (1949) and I will take action on this."

 

 

 

Can someone please read it and let me know if it's worded correctly before I send it to them.

 

Also I've got a feeling they may call me at work tomorrow and as I work in an office with other people I don't really want to let my colleagues know who is calling me (I answer the phone at work thankfully!) So does anyone have any advice about how to deal with their phone call at work if it happens?

[Trojan1401]

If they do call, they should ask whether it is convenient to talk. Just say no & put the phone down.

 

If you do have the opportunity though, tell them that you are writing a letter of complaint & await their response in writing only.

 

Your letter looks fine to me.

[candyfloss]

Thanks Gary. When they've phoned me at work previously they have never asked me if its convenient to talk, they just come straight at me with the date of birth and postcode question..! I just reply with "I'm at work at the moment" and they ask me to call them before 7pm that evening and give me their number.

 

My letter's printing out now and will be sent by Recorded Delivery tomorrow.

[lickthewallfatboy]

you want to try CITI for persistence-they have got to be the worst of all.

 

Who do these people think they are?????

[candyfloss]

Exactly LTWFB - who the hell DO they think they are!! The guy who phoned me tried his damndest to talk down to me but I was having none of it and ended up giving it to him with both barrels, I was actually shaking with anger when i came off the phone!

[e28bigalbexley]

go to search at top of page and put in 'capital 1 harassment' theres a thread by jdonaldson , lots of legal stuff and a couple of addresses which should sort out your problem... have fun:grin:

[blt]

I found that the best thing to do with this sort of person is to send a letter as you have drafted and then if they ring you again at home, read the letter out to them and give them the recorded delivery tracking number! Ha! Just mechanically read through it after saying something like, "oh, just a second". After you've read it out, place the receiver on the side for a while whilst you carry on with vacuuming etc. It ties up their line to stop them harrassing others and they'll soon get the message.

[delorean]

Check my thread Candyfloss, I have a similar issue. Hope it is of some help.

[candyfloss]

OMG! I just checked my bank account and Crap 1 have cashed my £10 cheque!!! Have they done this with anyone else? and why did they wait so long to cash it?? I sent it on 3rd July

[tamadus]

Crap 1 seem to be slow at cashing DPA cheques. The purchase interest is the interest they charge on the outstanding balance each month. The charges are included in the balance and therefore you pay interest on them. Dont forget that interest is compounded monthly and they also owe you that amount. As an example a £20 charge applied 6 years ago ata monthly rate of 1.7% has grown to about £60 with compounded interest over 6 years.

 

My claims are all including interest paid on charges and so far none of them have disputed the amount of interest. In fact I even rang one CC providor and discussed it with them and they ran a spreadsheet calculation which came up with £140 more interest than my calculation did.

[candyfloss]

Crap 1 seem to be slow at cashing Data Protection Act cheques. The purchase interest is the interest they charge on the outstanding balance each month. The charges are included in the balance and therefore you pay interest on them. Dont forget that interest is compounded monthly and they also owe you that amount. As an example a £20 charge applied 6 years ago ata monthly rate of 1.7% has grown to about £60 with compounded interest over 6 years.

 

My claims are all including interest paid on charges and so far none of them have disputed the amount of interest. In fact I even rang one CC providor and discussed it with them and they ran a spreadsheet calculation which came up with £140 more interest than my calculation did.

 

 

So should I have included the interest in my schedule of charges? I've already sent them my prelim letter with a list of charges I'm claiming back.

[tamadus]

I would have included the interest paid element at the very least. After all you have been charged and paid interest at their monthly rate for each and every charge they applied. If you run through the calculation for the interest it will probably double the amount they owe you, so its worth doing, perhaps you could send a follow up letter adding the interest on it.

[candyfloss]

Thanks Tamadus I 'll do that!

[tamadus]

Good luck with it Candyfloss, as if your going to need it.

 

PM me if you want to know how to calculate the interest

[candyfloss]

LOL you'll probably regret that !.....I'm hopeless with calculating interest & stuff so I've got a feeling I'll need your help

[tamadus]

np at all Candyfloss,, maybe we should get a room of our own lmao

[candyfloss]

Well I sent my letter to Debitas on 14th august about the phone calls.

 

.....about 10 minutes ago my mobile rang (withheld number), guess who it was...?

 

bloody Debitas again!!

 

I refused point blank to give out my postcode and D.O.B. to which he replied that as I was refusing the "security check" I would have to face the consequences!!! Hahahahaha yeh right! I asked what the consequences were and he wouldn't even tell me, he totally twisted everything I said to him and even accused me of threatening him! I certainly did no such thing. All he kept saying was I would find out what the consequences are in a couple of weeks time!

 

He also said that he would NOT communicate with me in writing and I HAD to discuss my account with him over the phone. This time I kept calm and even laughed at him when he couldn't tell me about the "consequences".

 

They have completely ignored my letter by the looks of things, (I didn't think about mentioning the letter to him until after he had hung up) is there anything else I can do to make them sit up and take note?

[Michael Browne]

1. Keep a log of all calls. Who called, duration of call, what was said etc.

 

2. Next time they call, say ' Just a moment I need to tape record this call'

Chances are they will hang up immediately, if not:

 

3. Explain you have given them notice of telephone harassment and that you will be reporting them to Trading Standards and the OFT.

 

Hope this helps.

[candyfloss]

Well! I found out last Wednesday what the consequences are! My account has been passed from Debitas to Legal and Trade Collections! Has anyone heard of this shower? Just as bad if not worse than Debitas with the phone calls. The first call I had from them was at work nearly 2 weeks ago, I didn't know who they were but this guy on the phone told me I did know what it was about and that "you're just trying to avoid the issue aren't you"!!!? Then he hung up!

 

I was so mad I went outside in my lunch break and called them back to complain, that was when I found who they are but not what they were calling me about, the "lady" on the other end asked if I'd received their letter but I hadn't so she said it'll be with you in the next few days.

 

Received the letter last Wednesday, Legal & Trade Collections have been given my Capital One account. When I phoned to ask why my account had been passed to them they said they didn't know and I'd have to take it up with Capital One but if I didn't make an arrangement with Legal to pay my account to them they would proceed with further action....she couldn't tell me what kind of action either..."that will be Capital One's decision". I refused to take a note of their bank details to set up a standing order as I already have a standing order in place to pay debitas!! (Do I keep paying Debitas though...?)

 

I phone Cap One and felt like I was banging my head against a brick wall, the guy on the other end said as my account was being dealth with by another agency I'd have to speak to them!!!!! Talk about being given the runaround...!

 

I was so angry I typed my LBA there and then and sent it off to Crap One last Friday (1st).

 

 

I want a big fat cheque!!

 

 

WATCH THIS SPACE!

[pugsley]

When I spoke to debitas a lady called anna montanna was very rude and said that if it goes to court I would end up paying the costs out of my benefit and that defaults (I meant CRA defaults) could not be removed, just set aside, she was getting confused silly woman, and that I would not get any money from crap one, anyway I sent a letter of complaint and cited the relevant harrassment acts etc

 

I have only got one call recently asking me to ring an 0870 number with no message at all, somehow I don't think that is very likely. I really should get my own 0870 and send the message back to them, but I don't know who it is and of course I won't ring it.

 

My daughter just tells everyone I'm in the bath !! pmsl,

[Stopthethieves]

I used to have all these problems but I've since moved and I will only contact them by phone or in writing.

 

They do ask me for a telephone number saying they must have it. Yeah right!

 

I don't have a home number unless they mean the one I am ringing from!!! LOL

Although I do put 141 in front whenever I ring these companies.

 

Personally, I'd change my number and NEVER give it to any of them, bloody sods!

 

Regards

[candyfloss]

Got a reply to my prelim letter offering £345.00 as a "goodwill gesture"!! Mr Udy says this is the difference between their £20 charges and the £12 the OFT suggested is fair.......yeh well he knows where he can put his "goodwill gesture" LOL I want my £900 back plus interest!!

 

Sent off my LBA on 1st September with a little note saying I'll accept his offer as part payment but will pursue for the rest. I also included a schedule of the interest they charged on each £20 fee (thank you Tamadus for working it out for me), plus the £10 I sent for my statements, totalling a wonderful £1,249.51! It was delivered on 4th September and now I'm s******g myself in case they don't reply and it actually gets to court.........but hey if need be I WILL take it that far to get my dosh back!

 

 

Ooooooh.........now I'm just waiting...and hoping..........nerve-wracking this isn't it?

[tamadus]

It was no problem at all candyfloss. Just to let you know they never even acknowledged my LBA so I issued on Monday, waiting for their acknowledgement of service now.