Capone/cabot v OH (disputed Acc)

[sunflower99]

Hi Beachcomber! I am still waiting for a visit from Debitas!:eek:I bolted my front door as soon as i got back!Will have to set hubby and dog on them if they turn up!LOL

[steven4064]

Sunflower

 

Send them this letter

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. 384 per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

[sunflower99]

Hi Steven!

Thanks i will send them that letter! I never used to take these threats of doorstop visits seriously and considered them empty threats but now beggining to learn from a few threads that sometimes they do actually turn up:eek:

[beachcomber60]

Hi Sunflower, to add to what Steven stated if it's P2C what they did to me is dated their letter two days before posting giving you three days to ring C1 or Debitas by the time their letter arrives the time scale has expired they turned up on my doorstep the day after receiving their letter, P2C's letterhead does not contain their telephone number only that of Debitas so there is no way of putting them off.

 

Beachy

[sunflower99]

Hi Sunflower, to add to what Steven stated if it's P2C what they did to me is dated their letter two days before posting giving you three days to ring C1 or Debitas by the time their letter arrives the time scale has expired they turned up on my doorstep the day after receiving their letter, P2C's letterhead does not contain their telephone number only that of Debitas so there is no way of putting them off.

 

Beachy

Hi Beachy

So far so good!No doorstep calls yet from my friends Debitas! but plenty of phonecalls again! Our phone had bee reasonably quiet for a while but now Debitas on my case phone ringing again a lot!i refused to go their security details and she had the cheek to say she would ring every five minuted! LOL f she did that i would report her to the police!i am not going to worry to much about a possible visit from a Debitas agent!They will only be wasting their time and petrol!My OH does not answer the door and i work fulltime so a good chance they will no catch me at home and the door will be shut in their face if they do turn up!i feel sorry for them if they get my OH as he know how to deal with unwanted visiters and they will get a mouthful!He might even start waving a baseball bat round!

[slick132]

This letter should be kept by the front door, in case anyone DOES come round.

 

Pass it out throught the letter box and tell the caller to leave.

 

Also, see here about recording calls - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=143

 

It would be good to get DCA threats and abuse on a recording to send to the appropriate authorities.

[ernie8485]

Hello everyone, my first post but i thougt i'd add this info for everyone's Cap 1/Debitas/P2C problems. Received a letter off P2C (arrived after the deadline had expired) a couple of weeks ago. Sent off the home visit warning letter by recorded delivery and thought no more about it. However, got a card in the letter box from P2C on Wednesday, leaving a name and a number to call. Luckily no-one was it but my wife was understandably worried at being at home on her own if they visited again.

 

As the number left was a mobile i sent a text stating that any attempt to return to my property would result in the police being called. Received a call almost immediately from P2C. The woman i spoke to said they had no record of the warning letter i had sent (!) and that they can only go on what Debitas tell them which was that i had not been in contact. Explained i had a box full of letters (most sent Recorded) to prove otherwise. She was almost apologetic. But i did warn before the call was over that i would call the police if anyone from P2C set foot on my property again.

 

So while it's not nice having someone visit you home, my real anger is reserved for Debitas and i'm currently writing yet another massive letter of complaint.

[slick132]

Hi Ernie and welcome to CAG.

 

Thanks for your input here.

 

If you want, please feel free to start your own thread in whatever forum.

 

[beachcomber60]

Confused or wot!

 

My OH account is in dispute as mine is, both of us are being treated the same, receiving the same letters etc etc.

 

OH received letter this morning stating 'Your account is now being dealt with by Capital One please continue to make payments until we can arrange a payment arrangement .... etc etc etc'.

 

Was with debitarse . . . So what's changed? haven't sent stroppy letters like I have been. 'CCA' same as post #1 - perhaps it's not enforceable after all!

 

BC

[beachcomber60]

I take it that debitarse can't write, looks like my account has also been passed back to Capone. Ms renshaw sent my a letter to remind me that she sees no harm in continuous telephone calling and to confirm that 'vee vil continue until you comply'. A well at least I have the name of the person who has authorized these calls. Also stated that they will not correspond in writing and the only way forward is for me to ring them. Still banging on about bank statements, wage slips tax returns & tax statements - BOG OFF, thats confidential & you ain't getting it!

 

Had a right to send p2c as I wouldn't phone them - pity I got proof of posting of the letters I'v been sending.

 

Looks like stalemate!

[sunflower99]

Hi Beachy!

Sorry to hear that you still are being badly pestered by phonecalls and letters by Debitarse.They are really a joke.I never to my knowledge in spite of that threateinng letter got any agents visiting my home so far but my hubby ignores the door bell anyway so they would have been wasting their time!:DDebitarse has gone strangely quiet on my phone and i have not spoken on phone to them since over a week ago when one of their DCAs threatenend to phone me every five minutes until i gave her my security details and talked to her! LOL:(Perhaps Debitarse realised it was pretty bad behaviour even by their standards!and thought they had better not phone me so much! That would have been an interesting recording to play back to TS! or police!:DI think crapital one or Deitarse must realise they have not got a leg to stand on in my case! as they have not to date even come up with a signed application form let alone any signed enforceable CCA!Though they keep playing silly beggers and pretending they have!Keep your chin up and dont let them get you down!At least thanks to this wonderfuil site we are not alone and can fight these crap DCAs and give them a run for their money together!

Edited December 6, 2008 by sunflower99

[sunflower99]

However i meant to say have been getting a few silent calls which i wonder if they are debitarse!The number was 08004220280! :eek:Wonder if anyone on thread regonises this number?i dont want to ring it back!:eek:but could be another DCA !but can not help suspecting it may be Debitarse !I am thinking about posting it on Fuzzybobbles site and asking him to fuzzybobble it:Dif it turns out to be a DCA!

[emmaf01]

Yes that is Cap1/Debitas. They can call themselves whatever they wish, they aren't getting a penny more than I can afford.

[beachcomber60]

Morning All,

As Emma said that number is the one cap/debitas use, the other they use to bypass BT call blocker is 'unavailable out of area' this is their silent call maker (I've caught them out a couple of times - normally pick up the phone and wait for them to say something before telling them write only)

 

As I mentioned both our accounts seems to be back with capone now that the e.renshaw has posted letters to us , what she can't or won't accept is the fact that I am paying both acccounts until OH manages to get a job, until then they can take a hike, I'll pay what I can afford - nothing more!

 

Calls have dropped from about 8 to 2 or 3 a day since I sent a copy of a letter written to TS & our MP, if cap 1 think they havethe right to phone until I comply with their demands why the drop off in calls since they received that letter?

 

Beachy

[sunflower99]

Hi Beachy and Emma

I found they ignore letters too!Before asking for a CCA i did write to them telling them i had fiancial difficulties and offering them a payment plan!of what i could afford and asking them to freeze interest and stop charges at least for a few months to help me get back on my feet but they did not even have the courtsey to reply and just sent me another statement with loads of interest and charges slapped on it and threats about being in arrears with them and still pestered me with phone calls at home and work even when i said i only wanted communication in writing when i talked to them on phone!so i went down the CCA route and now they getting nothing!

Edited December 7, 2008 by sunflower99

[emmaf01]

I've sent letters to everyone they've thrown at me. They've ignored everything and keep sending me "Terms and Conditions" on a regular basis, even though they are pursuing me via NCO at the same time.

 

I've got NCO phoning daily after they didn't read my last letter properly and seem to think I was requesting a CCA from them and so wrote asking for a £1! F***wits. They keep asking on the phone what my dispute is, so I repeat "with Capital One" until they put the phone down. Winds them up a treat.

 

My only happy point is, apart from a fortune in paper, printer ink and postal/recorded delivery charges, I haven't paid Capital One in months and won't until they pull their fingers out, answer my questions, produce my paperwork and accept what I can afford.

[sunflower99]

Hi BeachyI am now in same boat as you as ive just received CCA documents exactly identical to your cca documents provided by crapital one! Exactly like you one is the signed application form and other page is terms and conditions,The thing is it does on both our application forms make a reference to please read use of information overleaf(section 23) of the agreement!on both your copy and my copy implying there is something on otherside of this application form which is a blow!but i am not very knowledeable about what people can do to fudge these agreements up.but me and hubby looking at mine which is identical to yours,Dont know if i am clutching at straws but on our front signed crapital one application form i notice there is a long faint line just under our name and and address just above middle portion saying credit card account agreement!and going on to lising some terms about applying for card! and then there is another long faint identical linejust above yours and my signature box! I was wondering if that could be some indication that the middle part of that application form could have been tampered with?or someone being creative with microsoft as one thing i have learned on this forum is that there have been several suspicious CCAs that may be tampered with ,but wondering if i am just clutching at straws!i am going to attempt to post my one on my crapital one thread and try and get some opinons on mine.I hope my post makes sense! as my brain feels like mush trying to look at my cca!

[beachcomber60]

Hi Sunflower,

 

Good old Crap1, true to form!

 

I'd recommend scanning what they sent & posting up for it to be checked (blank out personal details).

 

Regarding the lines - these may very well be fold marks from when it was posted to you for signing (I may be wrong but that was what I was told or read).

 

Don't let them mush your brains, Iam still working on the principal that it's not enforceable - I've told 'em to take me to court, they haven't, they said they will continue to call - sent them a copy of a letter I sent my MP and they've backed right off their continuous calling.

[sunflower99]

Hi Beachy

I started a new thread about this new signed alleged CCA from crapital one,Everyone looking at it thinks it is unenforceable!I did mention about the signed form alluding to a section 23 overleaf which is on both my signed form and your signed form!implying that our CCAs have conditions on otherside! but the terms and conditions crapital one sent with application form and are allegeding is what is on other side of signed form do not have a section 23!Scabhunter was looking at my CCA as well and agreed that was fishy!and shows there something funny about our CCAs!As those terms and condition only have 3 conditions!no sign of a condition 23!

[sunflower99]

Hi Beachy if they do want to take us to court sometime wewill have to make sure that crapital one are obliged to bring the originals into court!it could be rather interesting !

[beachcomber60]

Hi one & all,

 

It's been pretty quiet for a few weeks from Capone, even their calls have stopped (messed up my call log).

 

Received letter same as OH (post #168) 'your account is now being dealt with by Capone please continue to make payments until we arrange a payment plan, you have two options pay in full or call our specialists to discuss repayments'.

 

You must act today (sent 22 Dec.), or your account will be passed to another DCA.

 

(Have been trying to set up arrangement for the past seven months)

 

(Direct Debit already in place to pay what I can afford)

 

(Have absolutely no intention of phoning them)

[emmaf01]

Glad to see you back!

 

I think you have made your position crystal clear to them and they are still receiving payments from you- as for anything else, screw them!

[sunflower99]

Glad to see you back!

 

I think you have made your position crystal clear to them and they are still receiving payments from you- as for anything else, screw them!

Hi Emma!

How are you?i am getting quite good with DCA phonecalls! and like you said sometimes enjoy winding them up by refusing to talk to them and just saying communication in writing to them all the time!I always make them put the phone down first now!:DWas you Crap one CCA similar to Beachys and mine? and referring to this mysterious term 23 overleaf!Beachys and my Crapital one CCAS are identical as far as i can see!

[sunflower99]

Hi one & all,

 

It's been pretty quiet for a few weeks from Capone, even their calls have stopped (messed up my call log).

 

Received letter same as OH (post #168) 'your account is now being dealt with by Capone please continue to make payments until we arrange a payment plan, you have two options pay in full or call our specialists to discuss repayments'.

 

You must act today (sent 22 Dec.), or your account will be passed to another DCA.

 

(Have been trying to set up arrangement for the past seven months)

 

(Direct Debit already in place to pay what I can afford)

 

(Have absolutely no intention of phoning them)

Hi Beachy!i was wondering how you were getting on with Crap One as you have not posted on this thread for a while!

Hope your christmas been ok in spite of all your worries.Debitaerse still phoning me most evenings insisting i talk to them !They ought to be glad you paying them something as they clearly dont desrve any payments at all after their behaviour!

[beachcomber60]

HAPPY NEW YEAR to you both.

 

I've been around the forum with my other threads but haven't posted on this one for awhile because Capone have been quiet until yesterday's post, now they've woken up again I am expecting the calls to start again, glad to see debitarse have dropped it for the second time - guess I am doing something right.

 

To be honest I don't even think their letter deserves a reply, nothing has changed, there is a Standing Order in place so they are getting something- I flatly refuse to speak with them on the phone and there is no chance of setting up a direct debit for them as they could vary the amount they take from the bank - with a S/O in place I control how much they have.

 

Since they set P2C on me saying that they had lost contact (which they hadn't as I have recorded letters that I had sent) I just can't be bothered anymore with them.

 

I have been subbing other Capone threads but noticed that it starts to get really interesting the everything goes quiet and the thread seems to die.

 

Beachy

Edited January 8, 2009 by beachcomber60
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