Re: Cap1/Debitas/Frederickson-V-Creditcardmug

[LipService]

Hi,

 

So glad I found this forum! Loads of helpful advice! I felt like I was the only one!

 

I have a debt with a Cap1 credit card, which fell into arrears for the first time for three years, in January 2008.

 

I wrote to Cap One in the beginning of March, offering a repayment plan, but also requesting that all charges be removed - also demanding that their agents refrain from contacting me at work. I received a response saying that the offer was acceptable, but as I hadnt signed the letter, a signed copy was needed. I sent this by return post.

 

Three months later I receive a letter from Debitas saying that they have now taken over the account. So I wrote them, outlining what had gone before. Last week I received two letters from Debitas, the first one giving me the opportunity to respond, the second arriving 4 days later saying that one of their agents was going to come to my house! I then received two threatening phone calls at work at gone 7pm in the evening, telling me if I didnt arrange a repayment plan over the phone, I would 'have to deal with the consequences'. The operator would not give their name or the name of their manager, nor would they listen to my demands to conduct my account in writing.

 

I have written to Debitas - but have now drafted a letter explaining that I dispute the amount I owe (£350 in charges have been added to a £400 limit account), that I am aware Debitas are part of Cap1 and have not purchased my debt and have given them notice that they are no longer to contact me by phone - quoting all the relevant acts.

 

Is there anything else I can do?

[Bigmac versus]

Have moved this here for better help for you.

[manchester1]

Lipservice, welcome to forum ,when you say you wrote to DCA was it requesting

 

Copy of CCA

copy of assignment of loan

SAR to CAP1

 

Also was a default notice sent and do you still have copy. IN FUTURE DO NOT SIGN ANYTHING THAT GOES TO DCA.

 

Manc1

[LipService]

Hi,

 

Only my letter to Capital One was signed.

 

My letter to the DCA was only a typed signature (as advised on here).

 

However, since my last post I have received a letter from Capital One saying that they have closed my account and they have the right to request immediate and full payment. It also says that they 'may' sell my debt onto a debt collection agency.

 

I have received no default notice at all.

 

I do not know what 'SAR' or 'CCA' means, so therefore havent requested them. Sorry guys! I really am as green as I am cabbage looking!

[pt2537]

Hi,

 

Only my letter to Capital One was signed.

 

My letter to the DCA was only a typed signature (as advised on here).

 

However, since my last post I have received a letter from Capital One saying that they have closed my account and they have the right to request immediate and full payment. It also says that they 'may' sell my debt onto a debt collection agency.

 

I have received no default notice at all.

 

I do not know what 'S.A.R - (Subject Access Request)'request for information made under s7 of the Data Protection Act 1998, this is used to request ALL the info they hold on you or 'CCA' means,request for a copy of the credit agreement (CCA=Consumer Credit Agreement) so therefore havent requested them. Sorry guys! I really am as green as I am cabbage looking!

 

hope that helps

[LipService]

Thanks for that

 

However, I believe Debitas (the company now harrassing me) are NOT a DCA, but a legal branch of Capital One -will they have that information? Do they have to have it?

 

The only person I have spoken to at Debitas, made it perfectly clear that if I wasnt able to pay in full or set up a repayment schedule over the phone, that I would have to "accept the consequences" - a direct quote!

 

I will give it 7 days and see if I get any response to the two letters I sent sent to Debitas last week.

 

Thanks again so much for your help.

[alfwithhair]

Debitas are all hot air. Told my son the same thing January 2007. Have done nothing. CCA Capital One, I have yet to see an enforcable agreement from this shower.

[42man]

OK send the CCA request in the first instance to whoever is chasing you for the debt....send it be recorded / guaranteed delivery, send it with a postal order for £1 - DO NOT HAND SIGN IT and at the top of the letter type - PLEASE NOTE I WILL ONLY CORRESPOND IN WRITING - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH... The CCA request is letter 'N' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Also add to the bottom of the letter with regard to a doorstep visit...

 

Please be advised I reiterate that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[LipService]

WOW!

 

Consider yourself tickled!

[LipService]

Update.

 

I have received a letter today from Debitas (dated 19th June).

 

It begins that 'Unless I call them immediately they will consider taking further action'.

 

It continues that despite their attempts to help me pay the debt, I have failed to either deal with the debt or call them. That I have left them no alternative but to consider next steps to recover the outstanding debt, which could include passing or selling on the account to an external DCA who may consider pursuing the debt through County Court.

 

The next part is headed that 'It is important that I should understand what it means if the debt in pursued through the courts'.

 

If the debt is pursued through a court then I would be liable for court and solicitors fees and that if a CCJ is issued, the following mau happen;

 

1)That payments will be taken directly from my wages

2)Obtain an order for me to attend court and supply details of my financial situation.

 

It finishes by saying that this is my last chance to pay this debt. Please do not put off calling us any longer.

 

What do I do now??

 

I have sent them a repayment offer in writing that has been ignored.

I have sent them a letter saying that I wish to conduct my business in writing only, that has been ignored.

I have sent them a CCA request that has been ignored.

 

Do I contact Capital One directly and sort this? It seems it is still in their hands as Debitas are some kind of internal DCA.

 

Please help!!

[creditcardmug]

My advice is to ignore this waffle, and wait for them to fulfil your legal request for a true copy of the agreement.

[Captain Spaulding]

What was the time delay in between you sending the CCA request and getting this letter, did you send recorded (if so have you checked its been delivered?)

 

If it has been delivered then sit back and do nothing, they have 12 + 2 days before the debt in unenforceable in court then in an additional 30 days, they have committed a criminal offence

 

The letter you have received is written to SCARE you into payment do not pay them anything!

[creditcardmug]

What will happen next is either they will come up with their usual excuse for an agreement, or they will pass it on to the infamous fredericksons, without informing you. (read all about freds on here ,lots of threads).

[LipService]

Hi,

 

Its 7 days since I sent the offer, 5 days since I sent the 'phone harrassment letter and 3 days since I sent the CCA request. All have been sent recorded delivery and all have been received.

[LipService]

Update.

 

Have received a letter from Debitas apologising for calling me at work and wishing to offer any further assistance!

 

Also received a letter from Cap One saying the same thing, but they have obviously recalled the debt from Debitas and have asked me to submit and income/expenditure form (any advice on this?)

 

Best of all... not one single phone call!

 

Thanks guys!

[Mrs_Ryan]

Hi LS, which department asked for the I&E -does it say? I used to work for the Specialist Support Unit at Cap 1 so i can give you a few pointers if needed

[havinastella]

Lip,

 

Don't submit ANYTHING.

 

At this moment in time, you owe them nothing!

 

Don't talk to them and DON'T PAY them a thing!

 

Jogs

[Guest forgottenone]

Also, dont fill in a Capital One I/E form. It will come wrapped up in a very misleading 'pack' with bright young things in the glossy picture on the front ... Don't know if you've had one of these yet. Don't complete it. Take a look at the templates for I/E, what is actually required - not what Capone ask or claim is - on CAG. And, again, wait for further advice from someone on CAG.

 

As far as I am aware they do not comply with BBA/MAT - least the one I was sent hasn't this logo on it - guidelines on completing a financial statement. As with most things Capone *sigh*. And if they ask for bank statements come back here for further advice. They go into way too much detail for what is required ... and are looking for ANY income you have surplus to what you can physically afford to pay. That's what CCCS told me they were doing, anyway. Comparing their forms with the ones here ... I know which ones I would be using.

 

Oh, the phone calls? All I will/can say is they will leave you alone for a while ... then batten down the hatches, they will begin again. Most likely in a few weeks or sooner time. Trust me, they will begin phoning again.

 

Finally, they will inevitably get round to asking you to supply bank statements, wage slips or any benefit you may be in receipt as 'proof' of your income. Do not let them have them; in the case of benefits, there is a VERY good reason not to let them get access to it; they will attempt to take money from your benefit, but also have your DWP claim office and national insurance number. Very bad. Again, come back here for advice. They cannot ask you for these documents, only a court can. I know this, because they asked me on two occasions, despite replying with information I found on CAG when I first joined stating in no uncertain terms to get lost on that score!

 

If you already know all of the above, please forgive me ... but it may be helpful to others who are new, will read this. Oh, ignore it, if so.

 

Anyway, welcome.

[LipService]

Hi,

 

The I&E form I recieved was just a single sheet of paper and came from Capital One Specialist Support Unit. The accompanying letter says I have 28 days to complete and return it. The form itself requests that I include other debts I have.

 

Interestingly, I since received another letter from Debitas saying that as I have made no offer of repayment (apart from the 3 I have sent in writing of course!) they are going to sell my debt on to a DCA. I was so annoyed I called them and told them thus;

 

1) The call was being recorded

2) That I have been informed in writing that the account is in the hands of Capital One

3) That if they contact me again with threats, I will seek legal advice on grounds of harrassment

4) If they require further information on the account, they should contact Capital One.

 

On the flip side I have had a dispute notice added to my credit file as I do not agree the amount I owe to Capital One (they have added £315 in charges since February, doubling the amount I owe)

 

So what do I do now? I have 15 days left to complete the I&E!

[zazen.warrior]

If they haven't complied with your CCA request by supplying a compliant agreement ( Capone don't usually have one:)) why are you furnishing them with further information, they are yet to prove the alleged debt exists.

[Captain Spaulding]

Seriously mate, do nothing - dont contact or anything! Once the timescale is up, the debt is unenforceable!

 

Giving info to them is like handing your rifle to the Taliban

[LipService]

Update.

 

Ok, so still no CCA from anyone!

 

Now have Cap One AND Debitas chasing me.

 

Oh and have checked my credit report and Capital One have now changed my account to 'default' in the last two weeks - despite them giving me 28 days to return the I/E form. I havent received any default notice either.

 

 

[creditcardmug]

Seriously mate, do nothing - dont contact or anything! Once the timescale is up, the debt is unenforceable!

 

Giving info to them is like handing your rifle to the Taliban

 

I certainly couldn't disagree with anything there!

 

My advice don't sign anything, they don't have genuine agreements anything they do send is made up.

You are also under no obligation to fill in their I&E form, and even if you did the next letter would require you to send proof of income i.e where you work, in order that they can harass you still further

[LipService]

Update

 

Ok, didnt send the I/E form. Did request CCA and did inform Cap One and Experian that the amount I owe is in dispute.

 

Now I have a DCA called NCO chasing me, threatening me with court and bailiffs.

 

[42man]

Send this to NCO...

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully