Capital One /Debitas and ME.... Help please guys

[DerbyDude]

OK heres my situation

 

I have a capital one account, and after a huge divorce, and a redundancy things are really bleak this end, however I found you guys.

 

They sent me a letter after countless phone calls telling them of my state, just demanding payment, so I wrote to 30/06/08 them outlining my present circumstances and income level(not a spreadsheet)and was prepared to send as much as i could afford to them as a gesture etc, replied (10/07/08) saying ok sorry but we want paying. They just pressed ahead and sent me a default (06/07/08).So as they waded in with both feet well bo**oc*s. I then sent them a CCA 08/07/08 (replied 22/07/08) and a telephone harassment / formal complaint letter 08/07/08. They have replied to he complaint letter by telling me what i owe them and asking me to ring them!.

 

I have received 22/07/08 a signed application form and some current docs Phaf! These look identical to others on here non enforceable.

 

I have also had a letter outlining the reply to the harassment letter (25/07/08) in which they say ring us and pay up nicely and do not address my complaint! (04/08/08) further complaint reply asking me to pay and ring them. (06/08/08) arrears letter received. (06/08/08) also now a statement of default letter.

 

In between times I have had a nice letter of Debitas (07/08/08) telling me to pay up, and within a few days another telling me (14/08/08) they are going to send someone round to have a chat! and pay up or else.

 

So its more than 12 days since my CCA to CO letter but do I have to wait a further 30 to send them a letter stating that they have a non enforceable contract (and bog off etc) and or a letter stating that they have acted illegally sending my details to debitas and my account is in dispute i.e. cant be passed on and or interest charged etc. Would it be wise to throw a S.A.R - (Subject Access Request) at them and calculate the charges and interest etc?

 

I have sent a CCA to debitas and am sending a harasemnt letter too with the ending stating the doorstep tresspass etc.

 

What was the line to do with DCA re the passing of my paperwork and the account status? "something or something" on the closing line of one of the letters ?

 

I need to get this sorted as I have the same issues for Barclaycard and the Halifax

 

Cheer s

p.s. I don't know where all the smileys came from!

[Mrs_Ryan]

Debitas are Cap1's inhouse DCA - operating from the same building in Nottingham, so I dont think that the 'account in dispute - you cannot pass this on' actually applies as they havent actually passed it out, just shifted it to another department.

 

You've done well in sending the harrassment letter to Debitas but unfortunately you will get the same rubbish re the CCA from them... send the S.A.R, definitely. Im sure if they have defaulted you there will be illegal charges in there somewhere.

 

Just out of interest, which address did you write to?

[ammani]

Hi DerbyDude, i am in exactly the same situation as you, but have made a claim in the court for bank charges. My account has been in dispute since 2007.They still harrass me by calling 3-4 times daily, even though i have called them and explained situation to them, and sent numerous harrassment letters. I am presently seeking advice on how to sue them for harassment.They will not listen to you, so is best to put a claim for bank charges in the court, before they take you to court.

[DerbyDude]

Mrs Ryan heres the address for the CO's rats.

 

Debitas Legal Services Limited

P.O. Box 6459

Nottingham

NG2 3FG

[DerbyDude]

 

 

 

So its more than 12 days since my CCA to CO letter but do I have to wait a further 30 to send them a letter stating that they have a non enforceable contract (and bog off etc) and or a letter stating that they have acted illegally sending my details to debitas and my account is in dispute i.e. cant be passed on and or interest charged etc. Would it be wise to throw a S.A.R - (Subject Access Request) at them and calculate the charges and interest etc?

 

 

Really would like some more advice on this, also Debitas has a company name listed with companies house, so its a separate company? whether its in the same building or not.

 

I also would like advice as to my partner writing to these companies re communications harassment etc?

[ammani]

Hi there, yes a SARS is the next step, to calculate your charges and interest, then send repayment letter, then Lba letter, and then file a claim if they do not pay up. Debitas is Capital Ones dca, but they will pass the debt onto another dca.I am afraid they wont listen to anything you say, as far as they are concerned you owe them money and thats it. I have been writting to them for over a year, and sent numerous harrassment letters, so i decided to put claim in court, so its gaining interest every day. And they cannot take me to court over this debt as there is a case going on.

[DerbyDude]

Thanks for this ammani, I will sort the letters from the templates and get them away recorded.

 

cheers

[ammani]

Good luck, dont let them get you down. At least you will get the interest building up, if its in the court.

[DerbyDude]

 

OK heres a bit of an update for the records

 

Sent out letter by RDP, for CO not complying to the CCA requested time fully expired 21/08/08 and mentioned that a copy of an application form with the current T&C's wont wash this end! Sent reply outlining such also dispute and non referral to outside agents etc within and closed with "alleged debt letter etc" 7 days further to respond.

 

Also under separate cover RDP, sent a further letter "stronger wording" outling the flagrant disregard of my request dated 30/06/08 re harassment.

 

Debitas - Sent letter of compliant / harassment and have copied same to my MP and TS office I have also informed them to NOT doorstep me.

 

Have diaried forward my 40 days for the S.A.R - (Subject Access Request)......

 

The clock is ticking on the CCA for Debitas ........

 

Cheers

 

 

Edited August 25, 2008 by DerbyDude
Space wasted

[emmaf01]

I'm in the same position regarding Capital One/Debitas. Have CCA and harassment letter sent recorded (received by them 15/08) but still getting phone calls.

 

I have most of my statements, but will probably have to SAR to get the rest. Hopefully this week. (£10 postal order needs to be saved up for!)

 

I'm logging all of my phone calls to support my claim of harassment.

[DerbyDude]

Good old Debitas sent me more "you will conform" printed rubbish today, so I sent them a letter outlining the following "Office of Fair Trading Guidelines on Debt Collection" with a 7 day clause in it.