Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


maxine989

Max-Cap1-Debt/CCA-Progress-Thread

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3901 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have posted here and there about Cap1... but thought it best to start a thread that follows the progress of my cap debt problem.

 

I have got a capital one card that I have defaulted on. Change of circustances so we have had drastically less money coming into our family at the moment... resulting in all of our accounts going into arreas.

 

I have written various letters to cap 1 regarding my finances... have dealt with millions of phone calls... have requested they accept a token payment until my circumstances pick up... and have paid them a £1.00 per month token payment for 4 month even though they refuse to come to an agreement with me. I am still being charged e£12.00 every month for late/partial payment fee and £12.00 for an over-limit fee.

 

On the 9th July I sent a CPR and a CCA agreement (got a bit mixed up... ended up sending them both)...

 

Today I received this letter:

 

Thank you for your recent letter

 

Unfortunately I am unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiature on it.

 

If you require any help, please call our specialist account managers on our freephone number....

 

Calls may be monitores and recorded for training purposes

 

Your Sincerely

Senior Manager

 

My next step is to find out what to do next...

 

Maxine :-)


Moodle

Share this post


Link to post
Share on other sites

Have sent the edited version of the letter below to Capital One

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

 

Print dont Sign

 

** Edit as needed


Moodle

Share this post


Link to post
Share on other sites

Yep, nothing wrong with that :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites

Cheers Shadow

 

Also... I am still waiting for my SAR to be actioned... Sent the request on 9th July... so still got a few weeks left before the 40 days are up.

 

Still receiving phone calls all the time. Cap 1 never let up!

 

:-)


Moodle

Share this post


Link to post
Share on other sites

They (capital One) have completely ignored my correspondences regarding my fincial situation... have still not sent me a CCA and have now got DEBITAS legal services on my back.

 

I had this letter below dated 9th August:

 

Dear Mr stressed out husband of maxine989

 

'We recently sent you a letter asking you to pay the outstanding balance you owe on the above Capital One account. However, you failed to make a payment or call us.

 

We are concerned that by not responding you may be risking further action being taken to recover the outstanding debt

 

As you have not responded to our previous letter, one of our agents will be calling your home within the next seven days to discuss your debt.

 

We will chance our agent calling if you contact us first we want to set up a payment agreement with you to sort this out. Our telephone number i... blardi blar...'

 

I was a bit annoyed and may have gone on a bit (oops)... but replied with the following letter which I have sent of to them in todays post:

 

Dear Sir/Madam,

 

Please find enclosed copies of my previous correspondences between myself and Capital One.

 

I have not received any correspondence regarding the offer of making token payments nor with regards to my requests for putting all charges on hold in this difficult financial time. In addition, I have continued to make these monthly token payments via internet banking. I have also discussed my financial situation ineptly with Capital One and have explained that I currently earn significantly less at this time than in previous years. I am a roofer and many days in each week are ‘laid off’ days, resulting in very poor pay. I have a wife and four children to support and I am trying my very best to sort out my finances the best way I can. I can not help the change in demand for roofers and am already trying to get a better paid permanent job in efforts to help us through this tough time. I have taken advice from a debt management agency called ‘Pay Plan’, which I have referenced above.

 

I have been taking considerable time and effort to fill out income and expenditure forms, write letters and explain my circumstances to Capital One on many occasions. Capital One (and now yourselves) still continue to hound me despite my correspondences and yet they are still unable to provide me with a Consumer Credit Agreement for this account. As you can imagine, the financial situation is bad enough without the constant harassment for money I just haven’t got. I am behind with my mortgage, all of my amenities… and am making token payments to all of my non-priority creditors in attempt to stop us from getting our home repossessed.

 

In regards to the request for a copy of my Consumer Credit Agreement I received the following from Capital One on the 23rd July 2009:

 

‘Thank you for your recent letter

 

Unfortunately I am unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiature on it.

 

If you require any help, please call our specialist account managers on our freephone number....

 

Calls may be monitored and recorded for training purposes

 

Your Sincerely

Senior Manager’

 

 

I replied to this correspondence with another letter on the 27th stating the following:

 

 

 

‘Thank you for your letter dated 19th July 2009, the contents of which are noted.

 

In your letter you make reference to requiring my signature on the CCA and CPR request letters I sent you before you can action my request.

 

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my s.77(1) and s.78 of the Consumer Credit Act 1974 request.

 

If you require identity authorisation for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My CCA formal request pursuant to s.77(1) and s.78 of the Consumer Credit Act 1974 for you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide was made on the 10th July 2009. The 12 working days for your compliance expires on the 30th July 2009.

 

In addition, the CPR request made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) was sent to you on the 9th July 2009 and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.’

 

Again I have not received a copy of my agreement nor have I received anything in relation for my requests to accept a token payment.

 

Any court would see that I am doing my very best to try and address this matter properly. In your letter to me dated 9th August, you state that by not responding I ‘risk further action being taken to recover the outstanding debt’. I suggest you take the further action you discussed, and we will let the court sort it out.

 

And as for ‘calling my home’… Please do not. Call harassment can be added to the file when we go to court because, as you can see (above and enclosed) I have tried very hard to sort this out amicably, which has got me nowhere fast and do not appreciate the harassment calls at all, nor do my wife or children.

 

Yours faithfully

Mr pi**ed off hubby of maxine989

 

And so we shall see what happens next... :rolleyes:

 

I really can't see how they can hound me and threaten me with additional action when I have been writing to Capital One for ages trying to get them to put my account on hold and discuss my account... and as for the CCA... seems like they are avoiding the subject now. :confused:


Moodle

Share this post


Link to post
Share on other sites

How do,

 

I think you need to decide which way you want to run with this... if you want to claim hardship and crapone arent playing ball then a complaint to the FOS is required and advising crapone that a complaint has been issued. (debitarse are the same as crapone so its not been farmed out.. just passed down the corridor) Would be worth putting in the complaint that you requested a CCA and crapone have ignored this request also.

 

Or... you wait for the subject access request and see if there are charges/ppi to claim back....ignore the debitarse stuff, unlikely they'll send anyone around but if they do they have no rights to do anything so just say "boo - go away"

 

Just my two penneth worth tho..

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites

Hi S

 

Thanks for your two penneth worth.

 

Well there's deffo loads of charges on there when I look back at the statements I have managed to dig out. Lots of late payment fees and a fair few over limit fees... Are credit card claims not the same as the bank charges claim and 'on hold' so to speak?

:-)


Moodle

Share this post


Link to post
Share on other sites
Hi S

 

Thanks for your two penneth worth.

 

Well there's deffo loads of charges on there when I look back at the statements I have managed to dig out. Lots of late payment fees and a fair few over limit fees... Are credit card claims not the same as the bank charges claim and 'on hold' so to speak?

:-)

 

Nope, thankfully :-D If you have all the statements then work out the amount charged and the interest. There are spreadsheets in the bank template library to help work out compound interest I believe... this is the interest rate they charge you and it works out a tidy sum on old charges... roughly a charge will double after 4 years using compound interest :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites
They (capital One) have completely ignored my correspondences regarding my fincial situation... have still not sent me a CCA and have now got DEBITAS legal services on my back.

 

I had this letter below dated 9th August:

 

Dear Mr stressed out husband of maxine989

 

'We recently sent you a letter asking you to pay the outstanding balance you owe on the above Capital One account. However, you failed to make a payment or call us.

 

We are concerned that by not responding you may be risking further action being taken to recover the outstanding debt

 

As you have not responded to our previous letter, one of our agents will be calling your home within the next seven days to discuss your debt.

 

We will chance our agent calling if you contact us first we want to set up a payment agreement with you to sort this out. Our telephone number i... blardi blar...'

 

I was a bit annoyed and may have gone on a bit (oops)... but replied with the following letter which I have sent of to them in todays post:

 

Dear Sir/Madam,

 

Please find enclosed copies of my previous correspondences between myself and Capital One.

 

I have not received any correspondence regarding the offer of making token payments nor with regards to my requests for putting all charges on hold in this difficult financial time. In addition, I have continued to make these monthly token payments via internet banking. I have also discussed my financial situation ineptly with Capital One and have explained that I currently earn significantly less at this time than in previous years. I am a roofer and many days in each week are ‘laid off’ days, resulting in very poor pay. I have a wife and four children to support and I am trying my very best to sort out my finances the best way I can. I can not help the change in demand for roofers and am already trying to get a better paid permanent job in efforts to help us through this tough time. I have taken advice from a debt management agency called ‘Pay Plan’, which I have referenced above.

 

I have been taking considerable time and effort to fill out income and expenditure forms, write letters and explain my circumstances to Capital One on many occasions. Capital One (and now yourselves) still continue to hound me despite my correspondences and yet they are still unable to provide me with a Consumer Credit Agreement for this account. As you can imagine, the financial situation is bad enough without the constant harassment for money I just haven’t got. I am behind with my mortgage, all of my amenities… and am making token payments to all of my non-priority creditors in attempt to stop us from getting our home repossessed.

 

In regards to the request for a copy of my Consumer Credit Agreement I received the following from Capital One on the 23rd July 2009:

 

‘Thank you for your recent letter

 

Unfortunately I am unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiature on it.

 

If you require any help, please call our specialist account managers on our freephone number....

 

Calls may be monitored and recorded for training purposes

 

Your Sincerely

Senior Manager’

 

 

I replied to this correspondence with another letter on the 27th stating the following:

 

 

 

‘Thank you for your letter dated 19th July 2009, the contents of which are noted.

 

In your letter you make reference to requiring my signature on the CCA and CPR request letters I sent you before you can action my request.

 

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my s.77(1) and s.78 of the Consumer Credit Act 1974 request.

 

If you require identity authorisation for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My CCA formal request pursuant to s.77(1) and s.78 of the Consumer Credit Act 1974 for you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide was made on the 10th July 2009. The 12 working days for your compliance expires on the 30th July 2009.

 

In addition, the CPR request made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) was sent to you on the 9th July 2009 and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.’

 

Again I have not received a copy of my agreement nor have I received anything in relation for my requests to accept a token payment.

 

Any court would see that I am doing my very best to try and address this matter properly. In your letter to me dated 9th August, you state that by not responding I ‘risk further action being taken to recover the outstanding debt’. I suggest you take the further action you discussed, and we will let the court sort it out.

 

And as for ‘calling my home’… Please do not. Call harassment can be added to the file when we go to court because, as you can see (above and enclosed) I have tried very hard to sort this out amicably, which has got me nowhere fast and do not appreciate the harassment calls at all, nor do my wife or children.

 

Yours faithfully

Mr pi**ed off hubby of maxine989

 

And so we shall see what happens next... :rolleyes:

 

I really can't see how they can hound me and threaten me with additional action when I have been writing to Capital One for ages trying to get them to put my account on hold and discuss my account... and as for the CCA... seems like they are avoiding the subject now. :confused:

 

 

Debitas is their in house monkeys, just point out CCA dispute as they have failed to supply same, Capital One are in default as 12+2 days have passed. Note:- DO NOT HAVE ANY PHONE CONTACT WITH THEM - EVERYTHING IN WRITING. I WOULD SUGGEST, OTHERS WILL BE ALONG SOON TO ADVISE FURTHER.:Cry::cry::Cry:

Edited by Old Cogger
spelling

:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

ok thanks

 

I haven't managed to find all statements... only have a years worth for some reason. The SAR was sent on the 9th July... so the date I should get the copy statements by is tomorrow (if going by the 40 days)... but there's no sign of them as yet. But as soon as I get them I will begin the process of claiming back the charges... and in the meantime will see what DEBITAS respond with in relation to my letter (or DEBITARSE... ha ha).


Moodle

Share this post


Link to post
Share on other sites
ok thanks

 

I haven't managed to find all statements... only have a years worth for some reason. The SAR was sent on the 9th July... so the date I should get the copy statements by is tomorrow (if going by the 40 days)... but there's no sign of them as yet. But as soon as I get them I will begin the process of claiming back the charges... and in the meantime will see what DEBITAS respond with in relation to my letter (or DEBITARSE... ha ha).

 

I know its juvenile but I've no longer got any respect for these companies :-D

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites

Debitarse... continue to call... 3 or 4 times a day. Each time I have explained that everything is being dealt with in writing, and then I start to move on to the details of the letters I have sent... then they usually cut me off. What cheeky buggers!!


Moodle

Share this post


Link to post
Share on other sites

Also... I have still not received a full set of statements from them. The SAR request was sent 9th July, so their time (40 days) is well and truly up. I'm now going to begin to compile a letter today which discusses the SAR, and the lack of a CCA (still not yet received) and all the annoying phone calls.

 

Any suggestions to add into the letter are welcome.

 

:-)

Edited by maxine989
typo

Moodle

Share this post


Link to post
Share on other sites

Golly gosh...

 

I am sitting here looking back at tall the correspondences I have sent them, it seems I have said it to them all before. I feel as though my letters are not being read by anyone... and I am confused as to what to write to actually get them to reposed in writing rather than just constantly calling me all of the time.

 

It's not even as if the calls are related to the letters I have sent... they just talk the usual shpeel about my account being in arrears... soooo frustrating.

 

I have the phone next to me. I actually want them to call me again now so I can ask them if they have actually got any record of my letters on their system. I might have to start playing silly buggers with them if they continue to call 4 or 4 times a day... I am usually polite... but my patience is wearing thin and I feel a little sarcasm and stupidness coming on. I might have to take a leaf out of fuzzybobble's book. :rolleyes:

 

Anyway... sorry for the rant. I will now compile the dreaded letter which I am sure nobody reads at the other end!!!

:confused:


Moodle

Share this post


Link to post
Share on other sites

Letter to Debitas/Capital One

 

 

Dear Sir/Madam,

 

I last wrote to your agency, Debitas, on the 18th of August 2009. In that letter I enclosed details of previous correspondences from myself to you and reminded you that I still have not received any responses to the following:

 

1. Letters discussing my financial situation.

2. Request for copy statements (subject Access request).

3. Consumer Credit Agreement request.

4. Request to make token payments in this current time of financial difficulty and for interest and charges to be frozen.

5. Request (verbal and written) to stop calling my home telephone number.

 

As the employees of Capital One and Debitas seem to be finding it difficult to deal with, understand the letters and action the requests I have sent, I will break down the information into five areas of discussion so that you can deal with each issue separately and to prevent any further confusion on your part.

 

I will now discuss the above five points in more detail.

 

1. FINANCIAL SITUATION

At the moment I have stopped making the full payments on all of my non-priorty debts. The reason for this is because I earn far less at the moment than I did in the past. I do not have enough available income to make regular payments to my creditors and therefore have offered to make token payments, as a gesture of goodwill, until my financial situation improves… in the hope that all charges and interest can be placed on hold to prevent the debt from spiraling out of control. I have taken advice from a debt management agency called Play Plan (reference number provided above).

 

Neither Capital One or Debitas have acknowledged or responded to any of the letters I have sent discussing my personal financial situation. Please note that to date I have sent six correspondences to either yourselves (Debitas) and Capital One.

 

2. SUBJECT ACCESS REQUEST

On the 9th of July 2009 I sent a Subject Access Request to Capital One, asking you/Capital One to supply me with copies of all the data you hold on me in relation to any matter, in any form and for any period of time, including copies of all statements and transactions. The £10 statatory fee for this request was also sent to capital One, which I can inform you was cashed and cleared on the 29th July 2009.

 

Capiatal One have failed to comply with my request within the 40 days allocated. I wish to inform you that if you/Capital One do not comply in the next 7 days I shall send an estimated request for a refund on all charges and fees added to my account and I shall seek a court order obliging you to comply with the SAR together with damages at the discretion of the court and without any further notice.

 

3. CONSUMER CREDIT AGREEMENT

On the 9th July 2009 I also requested that you send me a copy of my Consumer Credit Agreement. I received an initial response which stated that Capital One were:

 

‘unable to action your request because you have not signed the letter you sent to us’.

 

On the 27th July I wrote to Capital One reminding you that the Consumer Credit Act 1974 does not require that I supply you with a copy of my signature before you comply with my s.77(1) and s.78 of the Consumer Credit Act 1974 request.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity.

 

 

 

4. TOKEN PAYMENT REQUEST

Despite previous letters asking that you consider accepting a token payment of £1.00 per month until my financial situation improves, I have not received any correspondence in relation to this request. As a gesture of good will I have continued to make the £1.00 a month payments to my account for many months. Each month Capital Once have continued to add fees and charges to the account, despite my letters asking for the token payments to be considered and for interest and charges to be temporarily frozen. I feel that this treatment is unreasonable as I have tried my very best to explain my situation and keep my account ‘ticking over’ so to speak, until things improve. As a result of the lack of written communication from yourselves (Debitas) and Capital One regarding this matter, I have decided to stop making the token payments as they are totally pointless and serve no purpose to be a ‘gesture of goodwill’ when fees, interest and charges continue to be applied to the account.

 

5. HARASSMENT TELEPHONE CALLS

With regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, I have asked verbally and in writing that these calls be stopped. I find the call representatives to be rude and on occasion have cut me off when I start to discuss all of the matters listed above. The calls are continuous from the early hours of the day until tea time (including weekends). I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

I look forward to receiving a written response regarding the above issues including the documents I have requested at your earliest available convenience.

 

Yours faithfully,

maxine989


Moodle

Share this post


Link to post
Share on other sites

Call after call after call... constant!!! Debitas keep calling then hang up when they can't get me through security or I ask them about all the letters I have sent.

 

I have received my SAR from Crapital One, am just reading through it all now... it includes a crappy photocopies terms and conditions. There is also a photocopied credit agreement with my signature on it. Is this a valid CCA??

 

Today I had a letter from Debitarse:

 

""we are concerned that by not responding you are risking further action being taken... Please call us on blardi blar..."

 

I have sent copious amounts of letters explaining my finances and have been continuing to make the £1.00 per month token payments.

 

Hmm... next step is to send a fax about all the phone calls... and find out if the photocopied CCA is a valid CCA.

 

Any advice welcomed.


Moodle

Share this post


Link to post
Share on other sites
Call after call after call... constant!!! Debitas keep calling then hang up when they can't get me through security or I ask them about all the letters I have sent.

 

Fraid this is unlikley to stop, as Debitarse is crapone's internal DCA they'll keep going till they realise your not going to give in and then attempt to pass you round external routes. Keep a log of the calls and frequency ready for a complaint.

 

I have received my SAR from Crapital One, am just reading through it all now... it includes a crappy photocopies terms and conditions. There is also a photocopied credit agreement with my signature on it. Is this a valid CCA??

 

Fraid the ESP is on the blink tonight :-D :-D, you'll need to give us more info or better still post up a scan of the agreement for us to comment.

 

Today I had a letter from Debitarse:

 

""we are concerned that by not responding you are risking further action being taken... Please call us on blardi blar..."

 

I have sent copious amounts of letters explaining my finances and have been continuing to make the £1.00 per month token payments.

 

Hmm... next step is to send a fax about all the phone calls... and find out if the photocopied CCA is a valid CCA.

 

Any advice welcomed.

 

You'll need to make a choice at some point as the longer you pay £1 the longer the stat barred clocks keeps extending... if you dont think they supplied the agreement in reply to the s78 then tell them and stop paying, if you think they have complied but the agreement isnt enforceable then you'll have a difficult time convincing them of this but you can try.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Share this post


Link to post
Share on other sites

Hi Max,

 

I reported them to FOS in February after months of calls and ignored letters, and I then wrote directly to them in March. No response and nothing for ages and then I was sold to a DCA. Phoned FOS immediately who said they would write a second letter of complaint to Capone and also write to the DCA to advise them they should not have been sold the account anyway.

 

People have mixed views here on FOS, but I have found them very helpful with capone and also with barclaycard.

 

DD

Share this post


Link to post
Share on other sites

Hi all...

 

Debitarse seemed to have stopped calling (the last few days anyway). This seems to good to be true. Although I have sent copious amounts of letters to them... some of them getting quite abrupt and frank. I'll be amazed if this is the last I have heard from Debitarse.

 

I had a letter from 'Power 2 contact' saying that they wanted to re-establish contact between myself and Debitarse, as Bebitas have been unable to contact me... so I wrote back to them, saying basically that this was a joke... that I had written copious amounts of letters, none of which have been actioned. I enclosed copies of all the letters I have sent to Debitarse over the past few months. (it was a right thick wadge of paperwork and hopefully proved a point). I informed power 2 contact that I have been waiting for them to action my letters for weeks... months... It was a little abrupt, but still professional.

 

Then I had a response from Power 2 Contact dated 14th Setember:

 

'Thank you for your recent correspondence regarding your Capital One account. I can confirm that this has now been forwarded onto Capital One, in order that they may deal with the queries you have raised.

 

If you have any further requests regarding this account it may be advisable that you contact the above named client directly'

 

The letter was on a shoddy photocopied template letter with my details written in pen on the top in what appeared to be school girl handwriting.

 

So now I assume Crap 1 will begin to pursue me for payment once again. I have been paying the £1.00 as a gesture of goodwill for about 6 months now yet they still not have agreed to halt interest and charges.

 

In the meantime I have a LBA in the pipeline which requests a refund for all charges, which accumulates to pretty much the same as what they are chasing me for.

 

As I said in an above post... I did receive a signed copy of my CCA dated Feb 2006... so I assume there's no chance of getting the debt wiped now. I will try and scan in the agreement for you to have a look at... problem is the printing is so small that the only way to read it is to zoom in... I shall do my best to upload a large file and see if it is readable.

 

:-) M


Moodle

Share this post


Link to post
Share on other sites

Right... here goes. Fingers crossed this works... I've been piddling around with photobucket for about an hour.

 

http://i121.photobucket.com/albums/o217/maxine989/cap1cca017.jpg

 

http://i121.photobucket.com/albums/o217/maxine989/cap1cca018.jpg

Edited by maxine989
new scan

Moodle

Share this post


Link to post
Share on other sites

Hey presto, it worked...and you can zoom in too.

 

So peeps... what do you reckon?? IS this CCA all above board?


Moodle

Share this post


Link to post
Share on other sites

I can't see a credit limit on this agreement, and its pre- April 2006. When did they start using the ''we wiil set your credit limit etc.'' Has it been tested in court yet?

Share this post


Link to post
Share on other sites
I can't see a credit limit on this agreement, and its pre- April 2006. When did they start using the ''we wiil set your credit limit etc.'' Has it been tested in court yet?
may be seeing things but their so called signature dated 2009???? also final mention of if found uninforceable - strange this could be another knock up one??????:mad::mad::mad::mad: also mentions pin numbers - what year did you take this out????? sorry 2006 clear as mud.

:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...