Capital One uses Debitas

[willtheywontthey]

Debitas are in-house collectors for Capital one I believe. Are they actually a separate legal company which then needs to have a valid CCA to have debt / details passed onto them. Got calls today from debitas for first time and my Default Notice runs out in over a week so I had assumed it would still be with Capital One until then. Then I was going to CCA Debitas etc etc

 

Bit confused now ....

[Guest Old_andrew2018]

I would say no they are not separate from Cap one, however most DCA don't have a CCA agreement on their files they often need to write to the original creditor.

They should have the debt assigned to them, a letter informing the debtor of this should have been sent by the original creditor.

[willtheywontthey]

thanks for clearing that up.

 

Is there any way whether I can find out if debitas is a 'third party'?? It can be owned by Capital one but be a separate company and have to keep to same laws as an independent DCA I'd have thought??

[Guest Old_andrew2018]

Hi

when did you first recieve correspondance from first credit, and what did the letter say

[willtheywontthey]

Hi

 

Sorry about that - I replied here thinking I was writing about 1st credit - that's another thread (I'm muddled!!) (edited post in case anybody else gets confused and wonders what I am rambling on about!!).

 

Got no letter from debitas only got phone calls. None today though as far as I know.

[Guest Old_andrew2018]

You could refuse security questions them they should end the call, or tell them you want everyting in writing.

[willtheywontthey]

thanks but what I'm trying to find out is if I have a cause to complain that telephone calls being made by third party (they are not Capital One after all even if owned by them).... without me being told anything about debitas having my details or dealing with my account!!

[WendyB]

Debitas are used by Crap One as a collection agency so I presume they are a DCA. They certainly were the ones who used to call me every 5 minutes, or so it seemed. Not sure if they are actually owned by them or not. They won't stop calling you until the account is in dispute and you advise them of this in writing. Or until you pay up/sort out a payment plan etc. Why are you CCA ing? Are there charges on your Crap One account?If so, why not just reclaim the charges? IMO it's quicker, less messy and much easier to do it that way. You get the money pretty quickly and if the default is made up mostly of charges you can usually get that removed as well. If you go the CCA route it won't make the debt go away, just because its unenforceable doesn't mean they (or some other dDCA from a whole multitude) won't pop up and start harassing you for it in the future.

[willtheywontthey]

thanks for tht but I started claiming penalty charges about 12 + months ago and comlpained to Capital one about telephone harassment. They ignored both so I went to FOS. Capital One offered the charges back but mentioned nothing to FOS about telephone calls so I refused the settlement. Thsi was about 8 months or so ago.

 

Capital One has not fulfilled SAR properly nor proper CCA. I have complained to ICO who should soon investigate.

 

So it comes down to the fact that I get calls from Debitas but have had no written confirmation about Debitas having anything to do with the account. It si ebcause of thi I think I should be able to add another comlpaint to FOS but need to give FOS (and eventually ICO) some reference to law.

[postggj]

quick question

 

with ref the above

 

if a dca, say debitas is demanding payment, the account has not been assigned to the dca, only collecting on behalf of

 

what are the legal aspects of this, ie telling the dca to get lost as they have no real authority to collect let alone processing your data

[citizenB]

WTWT, this is in response to your post on Help48's thread.

 

BTW, Debitas are the In house collection agents for Capital 1. I think I am correct in saying they live at the same address and possibly even in the same office:-D

 

You say Cap 1 have only sent you statements and screen prints. You should have asked for/received:

 

A copy of the original agreement and supporting documents ie t&cs from the account opening date.

 

Statements for the entire account history. Some peeps say alternatively a list of payments/expenditure will be acceptable, however you wont see what interest rates they have charged you on one of those.

 

If there was PPI added to the account you want to see the document you ticked/signed to say you had asked for this, again with supporting documents ie policy document and criteria.

 

I suspect the screen prints are a history of letters you have sent, telephone calls made either by you or them. If you are keeping a log of calls made by them you can check these off against the screenprints.

 

You want to receive a transcript of any calls they made to you (after all they say they record them )

 

This is a list of the things I asked for in addition to the above.

 

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

Copies of all correspondence, including, all letters, faxes, emails, memos or any other format sent and received between ourselves and any other third party individual or organisation in relation to the above account.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.