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Debitas (Cap 1) do my head in


maxine989
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I have tried soooo hard to be amicable... to write letters to all my creditors, be honest and polite... to explain that basically I am skint... (very skint).

 

Some of my creditors seem to have a brain (yes, amazing isn't it?)... and have respond professionally and appropriately to my requests and letters. I have made agreements with many of them to just make the token payment of £1.00 per month until my financial situation improves.

 

But one company who wins hands down for being the most annoying, backwards and unreasonable is DEBITAS (on behalf of Capital One)... or Debit'arse' as I have seen them be called on here.

 

Goodness me. They do not stop calling despite my requests to deal with the situation in writing. Most of the time I do not bother to converse with them... but sometimes I try to but the person on the other end of the phone hasn't got a clue once I start discussing the letters I have sent and actually cut me off!!

 

Anyway... I decided to write them a BIG letter that discussed everything that ****es me off. It might help some of you who are having the same probalm with Debitas to feel that you are not alone, or you may be able to steal parts of the letter for your own dealings with them.

 

DEBITAS... what a load of arses!!

 

Letter sent today 26th August 2009

 

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

 

:-D:roll:

Moodle

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I also have found this company to be very very arrogant.

 

IMHO a little chat with your local Police Station at the front desk should put an immediate stop to their harassment!

It's amazing what a call from your local plod can do, especially when you tell the Police your being harassed by this company, just take in a diary of every call they have made to you..

 

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Debitas called again and again... all over the bank holiday. All day today.

 

Everytime I go into dialogue about the letters I have sent and dealing with the situation in writing, they hang up... or try and get me to go through security. It is all quite funny... I have gone passed getting stressed or annoyed by the calls. Now I think they are amusing, and is beginning to play them at their own game.

 

Also... today I had a letter from them saying:

 

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

 

And there's more... Capital One sent me a crappy photocopied terms and conditions.

 

How crap are they? They sure are 'crap'ital One!!

Moodle

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When I used to get these types of calls before buying TrueCall - an amazing piece of kit - I used to just put the receiver next to the radio or TV - its' amazing how long they will sit and listen thinking you are coming back - all at their own expense!:D

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Debitas called again and again... all over the bank holiday. All day today

 

Just pick it up, when they ask for you say "Hold on a minute Tone wants to speak to you!"

"Tone? Who's tone?"

(hang up) Bbbbrrrrrrrrr:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just pick it up, when they ask for you say "Hold on a minute Tone wants to speak to you!"

"Tone? Who's tone?"

(hang up) Bbbbrrrrrrrrr:lol:

 

Yeah... I think I may start having some fun with them now... they deserve it the way the hound us by phone and ignore our letters.

Moodle

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I know how you feel, I replied to Robinson Way in the same vein they sent me a letter, headed WHAT YOU MUST NOW DO, TELL US, WHAT WILL HAPPEN NEXT, etc and eventually got a muppet who said they had requested a CCA from the originators (CapOne), they've gone very very quiet since! They will be next in the C1 chain....

 

Have you tried getting your phone number changed due to the harrassing calls, your phone company should be able to do this free of charge for the first time, it might also be a good idea to have an answerphone message stating "If you are calling from XXX we are not amused"

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it might also be a good idea to have an answerphone message stating "If you are calling from XXX we are not amused"

 

Or have an answer phone message that make's it sound like you can't hear them on the other end;

'Hello'.......................HELLO!.................................Hello is there anybody there?.......................for gods sake!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Jeeeeeeezzzzz

 

I have juts had a mega long conversation with Debitas.

 

They basically admitted that they do not read any of the letters we send… they are not interested in anything other than collecting a payment.

 

They ignore anything we write or say, other than the offer of payment.

 

Here's a fax number for them... so if you want to fax them all your ignored letters, go right ahead....

 

 

01158433328 or 01158436167

 

This is what happened today on the phone:

 

For once they couldn’t cut me off… which is what they usually do when I refuse to go through security and begin to ask them why they continue to call when they have been asked verbally and in writing not to. This time they didn’t cut me off because I called them… and I went through security and had a VERY LONG conversation (yes I know I was the one paying for it… but it was worth it to hear the splurge of nonsense they spouted).

 

Once I had cleared security the main part of the conversation went something like this:

 

Me: Can you put a big note on your screen stating that I have requested that you do not call this number.

 

Debitas: But we need to make contact with you.

 

Me: Then write to me… respond to my letters.

 

Debitas: We need to make an arrangement with you to prevent your debt being moved onto a third party.

 

Me: I have sent copious amounts of written correspondence… letters, income expenditure sheets, complaints, token payment offer letters…

 

Debitas: We have not received any letters but we need to come to an arrangement on this account to prevent further action being taken.

 

Me: But you can not take further action as this account is in dispute… I have requested to see a copy of my credit agreement… and I also am claiming back my charges equalling over £700 which is more than the debt.

 

(I have received a CCA from Cap 1, but am not sure if it is enforceable as yet… but I didn’t tell them that bit)

 

Debitas: You see miss Moneypennyless, this account is about to get passed onto a third party who will collect the debt if we don’t set up an arrangement today.

 

Me: But you are not able to pass the debt on while the account is in despute and I have been trying to set up a token payment arrangement for 6 months… I have been paying £1.00 for 6 months and have been writing to you explaining my financial circumstances and loss of income for 6 months.

 

Debitas: We have not received any payments from you and we need to set up an arrangement today. You need to pay £17.oo today and…

 

Me: (butted in) But I have explained in my letters that I can only afford to make token payments at this time.

 

Debitas: We have not received any letters and we need to make a payment arrangement on this account.

 

Me: You are not listening, I have sent lots of letters asking for you accept a token payment and asking you to stop calling, it is upsetting my partner and children… you phone at tea time at bed time… in the morning when I am trying to get them ready for school… I have complained and written… blardi blar

 

(I waffled on for ages and he did not speak.. I then noticed a clicking noise behind a very silent background… I stopped talked and the call was silent for about 60 seconds)

 

Me: So have you cut me off now?

 

Debitas: No Miss Moneypennyless I am still here and we need to come to some sort of arrangement on this account today. You need to make a payment of £17.00 ands…

 

Me: … Listen, I have already explained that I am only able to offer token payments of £1.00 per month at this time… Most of out other creditors have agreed to this yey, you continue to ignore my letter and harass me by phone when I have asked you not to call…

 

(I then went on about how we are behind with our mortgage and all that caboodle for several minutes with him being silent again… then that clicking/silent noise again)

 

Me: SO?

 

(a long pause)

 

Debitas: (with busy background call centre noise) Yes Miss Moneypennyless, if I can take the payment today and…

 

Me: You are not listening… I have no money… half the time I have to ask my mother to buy nappies for my baby and our house is awhisper away from being repossessed…

 

Debitas: Have you filled in an expediture sheet?

 

Me: yes… several and sent it to yourselves and Capital One directly… I have written… hang on while I look on the computer and check… one, two three… ten letters in total. And I have been making regular token payments via internet banking.

 

Debitas: I don’t know where you are sending the letters, but we have not received any of them and we have not receive any payments.

 

Me: right… this is the address I sent the first letter to P.O Box 6459… (then he interrupted me)

 

Debitas: Miss Moneypennyless, we need to make an arrangement… you need to pay £17.00 today and…

 

Me: arrgghhhhh… I can’t believe you are not listening to me (child crying in background, another hanging off my leg)… this is why I do not like dealing with on the phone and want you to correspond with me in writing because you are not listening to what I am saying and it is difficult for me to talk on the phone when my children are demanding my attention. Have you or have you not been receiving my £1.00 payments because if you are saying that you haven’t had then I may as well stop paying them.

 

Debitas: The last payment we received was on the 7th of August 2009.

 

Me: Earlier you said, you had not received any token payments.

 

Debitas: We have not received a payment in September.

 

Me: But earlier I asked you if you have received any of the regular token payments of one pound and you said you had not received any letters or any payments.

 

Debitas: We need to collect a payment of £17.00 today and then I can make a payment arrangement with you.

 

Debitas: But I have told you that I can ONLY OFFER £1.00 PER MONTH (said very slooowwwwwlyy).

 

Debitas: If you would like to Fax your income and expenditure sheets to us and we will try to make an arrangement with you… when will you send the fax?

 

Me: yes, give me the fax I will fax all the letters.

 

Debitas: No, Miss Moneypennyless you do not need to fax the letters we just need to see your income and expenditure and we can then try and help you.

 

Me: What’s the fax number then? And will someone be reading what I send?

 

Debitas: Yes Miss Moneypennyless we will receive the expenditure sheets and you will get confirmation it has been received from your end. The fax number is 01158433328 and also 01158436167.

 

Me: Thank you, good bye

 

Debitas: I hope thing improve for you in the future, thank you for your call.

 

Me: Yeah, whatever!

 

So EVERYONE…. Fax this number again and again and again with all the letters they ignore…

 

01158433328 or 01158436167

 

I intend to waste a lengthy phone call faxing them copious amounts of unwanted letters… I haven’t got a fax machine, but I intend to beg borrow or steal one over the weekend and have some fun with this fax number. Grrrr…. Please, everyone do the same!!!!

 

Ooooo… they really get my goat. They have to be THE most annoying company of them all.

 

Grrr… Debitas!!!

Moodle

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  • 1 month later...

At last I have debitas off my back... account payed off and closed. They (DEBIT'ASRSE') were vile... lower than the lowest!! The account finally got cleared by getting a refund on all the charges they (Capital One) had applied to my account.

Moodle

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