Cap one/Debitas-CCA'd

[chipaway1]

Hi,

got a debt with cap one that have been unable to pay due to being out of work for 6 months.I've got work now but I'm actually worse off than if i was claiming benefit!!(Go figure).

 

Anyway told Cap one couldn't pay card debt off(only around #250-definately no more).Anyway I've been slammed with default notices, offered them #1 per month which they accepted then said they didn't!!

Now they passed the debt onto debitas (which is just themselves-why do companies do that?) and are being very threatening.

 

I've CCA Debitas as they were the last ones to get in touch with me, then right on the nose of the CCA expiring Capital one send me the terms and conditions with my account number on it saying...

 

'please find enclosed a copy of your CCA as requested.Im accordance with section78 of the consumer credit act 1974 and the consumer credit regs 1983, this is your original agreement, and if any terms have been varied then the copy agreement will include the updated terms,in addition your personal details,the signature box, and date of signature have been omitted under regulation 3 of the consumer credit(cancellation and copy doucmunts)regs 1983.

pay now or die blah blah blah you now owe double your original debt in charges etc.and we want it now.

 

Then their actual CCA was attached!!!and reads on normal capital one letter headed paper(didn't i request this from debitas?!!)And I quote...

..

original account cedit limit-XXX

Accpount number-XXXX

Terms of your capital one Credit Card Agreement.

thank you for your recent request.please see overleaf the current terms of your agreement with us.

for the rest of your terms and conditions,please see the leaflet enclosed(information about your capital one card)

.

if you have any further queries about your account please call our customer services department on the number below.

 

now correct me if i'm wrong but that don't like a CCA to me!

Am i right in thinking that I should now send the other letter saying they've failed to send it and if so who to send it to debitas or cap one?

[Guest Old_andrew2018]

Hi chipaway,

when did you take out the card?, are you able to upload the agreement sent to you, after first removing personally identifiable info.

I am sure you will receive advice on enforceability, DEBITAS are Capital one's in house collection team.

 

Andy

[the_shadow]

Sounds like the standard crapone response to a s78 request.

 

Have a look at the threads in this forum for details

 

Capital One - The Consumer Forums

 

and what people have responded to crapone with

 

OH and I'm assuming the agreement they sent you is a recent fabrication rather than a copy of anything that you may have signed in the past.

 

S.

[chipaway1]

Sounds like the standard crapone response to a s78 request.

 

Have a look at the threads in this forum for details

 

Capital One - The Consumer Forums

 

and what people have responded to crapone with

 

OH and I'm assuming the agreement they sent you is a recent fabrication rather than a copy of anything that you may have signed in the past.

 

S.

 

It's not an agreement that they've sent just the stuff I've already posted but on a standard capital one letterhead.

therefore it's nothing like has been signed in the past at all.it's just a letter with another letter attached to it.On the back is just more T and C's.

[alfwithhair]

I agree, sound like the usual crap from Miss Ellie or Verity Bilgworthy,