Debitas/Capital One

[sheba29]

I defaulted on a Capital One c.card I had(stupid i know)and this was passed onto Debitas.They agreed for me to set up a standing order to pay them, and i've been doing this for the past few months.In fact, i'm almost finished paying-hurrah I thought!that was until today....I had a missed call on my phone, so I called back and was put through to Debitas, who asked for my Capital One account number and the balance on my account.I said I didn't know those details, I obviously haven't used my card for a long time, and I said i'm paying it via standing order anyway.

This incredibly rude man kept firing questions at me about my account details-I said I didn't have those details on me, but this had been sorted out as far as I was aware.I then asked what he actually wanted, but because I couldn't answer the questions, he said he couldn't tell me as he couldn't know for sure it was me he was speaking to and started going on about the data protection act!!

I am worried now, in case they start demanding more money from me-I agreed with them that I would pay with standing order, and everything was sorted out as far as I was aware, until today!However, I cannot find a letter or anything from Capital one or Debitas confirming the agreement, so does this mean that they could just deny I have been paying them?all I have is proof from my bank statements that I have been paying by standing order.I really need help-has anyone else been in a similar situation?

Sorry for the long post!

[emmaf01]

Write to them- take control back!

 

The key is generally to stop everything, perhaps with a CCA request? Get them to check their paperwork is in order (if it isn't the debt cannot be enforced.

 

Also include in the letter a few lines telling them that you will only deal with them in writing- to stop you ever having to deal with such an offensive phone call.

[havinastella]

Hi Sheba,

 

Forget the CCA request if you have nearly finished paying this back.

 

I would suggest the SAR and get full details of your account history with Cap One, work out all the charges and reclaim them.

 

Cap One ALWAYS pay soon after issuing Court Papers.

 

Use this link for the sar

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

 

and use my thread for reference

 

http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one.html?highlight=havinastella

 

 

Send a £10 postal order with the sar and send by Recorded Delivery.

 

JOgs

[sheba29]

Hi, thanks for the reply, just to check, do I send the S.A.R to Cap One or to Debitas??I haven't had a another call from Debitas yet, so next time they do call i'm going to ask them to send me a letter with what they actually want and then I will send them the S.A.R.

That's my plan anyway!

[emmaf01]

Though Debitas is really part of Capital One, I would send the SAR to Capital One itself.