cap1 debt & debitas, an agent coming to my house??!! help!!

[missHelpmeplease]

hi there

 

 

we sent a letter to capital one two weeks ago after we got into financial diffuculty after

my husband got made edundant in feb this year and have not been able to make payments and hence getting charged ect ect..

 

 

i sent off a financial statement to capital one offering them £8 a month

 

 

the next thing we get is a letter from debitas stating we need to call them so

 

 

my husband phoned they were very rude and stated that if he paid the full amount they would knock 20% off the bill,

however we obviously cannot pay this.

 

 

.. he told them we sent a financial statement and they said debitas would be dealing with us now, s

o my husband said, well i can pay a token payment of £5 until you get my financial statement ,

they refused and said he would have to pay at least £27 also which we cannot afford...

 

 

we said we would sent the statement/letter and go from there when they get it, (this all happened last friday)

 

 

the postman arrives today with a lovelly letter from debitas stating thet as they have not heard from us since they sent the letter out

we have to pay in full or ring up and set up an arrangement ...

 

AS YOU HAVE NOT RESPONDED TO OUR PREVIOUS LETTER, ONE OF OUR AGENTS WILL BE CALLING

AT YOUR HOME IN THE NEXT SEVEN DAYS TO DISCUSS YOUR DEBT...

AARRGGG

 

 

we did ring and say we were sending statement,

 

 

im now really scared that someone is goin g to turn up on doorstep

and take our stuff are they baliffs??

 

 

what should we do now.....

[hungrybear]

First they are not ballifs they are self employed commission only 'people' and have about as much legal power as kermit the frog

 

Send them the letter 3 from here

 

The Consumer Forums - Debt collectors

 

to 'ward off evil spirits' who threaten coming to you door

[Honeypot]

Hi There

 

Take a look at my thread 'RMA are coming to my house' and all your answers will be there.

 

It is just a scare tactic. Trust me.

 

Vicky

xxxx

[hungrybear]

The other thing to remember is that the idiot on the phone is a commission based sales agent - it's their job to try and get you to pay more. SO, dont waste your breath speaking on the phone again.

 

Perhaps you should consider sending them a cca request to check the have the paperwork to hassle you at all

[Honeypot]

Here is the link to my 'Doorstep Visit'....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/233484-help-rma-coming-my.html

[missHelpmeplease]

whats a cca??? so whats the best way forward... send them a financial statement??

[Bazooka Boo]

It is still a common place myth that Debt Collection Agencies (DCA) like to exploit, they know that most people are unaware of their legal rights and they like to exploit this, there are guidelines laid down by the Office Of Fair Trading which say that these companies are not allowed to exploit the debtors lack of knowledge, but still they continue to do so.

 

To give you the correct knowledge surrounding 'Bailiffs';

 

The DCA has to fail at getting any money from you before they can escalate the matter further, they will then issue a court summons where you should go to court to defend yourself, and where you are 'legally obliged' to show the 'Judge' your Income & Expenditure.

 

From this the 'Judge' will determine what you must pay the DCA each month, this would be known as a CCJ.

 

If you fail to meet the payments under the CCJ, then the DCA can take you back to court, where you will have to explain to the Judge why you failed to comply with the Judgement. Then, and only then, can the Judge order 'County Court Bailiffs' to go into your home to remove goods.

 

Debt Collection Agencies are not Bailiffs, they do not have any Legal training, they are not allowed into your property, unless you invite them in, and they have no more legal right to take money from you than I do.

 

You are at no liberty to show them your Income & Expenditure, there is absolutely no need for them to see this, it is you in control of your I&E not them, you tell them how much you will pay each month, if they don't like it, then that is tough, you can't help how greedy they are.

 

Print off the template from the link below, and follow the advice it gives;

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

[SURFBOY]

A CCA is a request for the Consumer Credit Agreement for your account.

If they do not have one or it does not conform to the regulations set out in the CONSUMER CREDIT ACT then Debitas can not ,Legaly , enforce you to pay them.

Debt collection agencies are not Bailifs they can not enter your home or remove anything, they have no more legal authority to do anything than you or i. If you do not want them on your property then you tell them to leave, if they refuse to leave then you can call the police.

What i have done when i have been in the same situation as you is, Firstly send them a request for the agreement, if the agreement is above board then i send them a regular payment that i can afford, i do not send payments that i can not keep up with, i then TELL them how much i am sending them and if they dont like it then tough.I then keep up with my "AFFORDABLE "payments untill the debt is paid off, no matter how many begging letters they send me.

[Bazooka Boo]

whats a cca??? so whats the best way forward... send them a financial statement??

 

A CCA is the Consumer Credit Agreement, the document that you initially sign to get the credit.

 

There is no requirement for them to have a financial statement from you, you tell them how much you can afford to pay.

When did you take this out? Is the amount above £750? Do you own your own home?

[missHelpmeplease]

great il get all that done today,

 

 

so apart from that shlould i just send a letter saying i will pay £8 a month and ask for paying in slips and leave it at that??

 

also a completely different debt but,

 

 

i got a letter from Buchanon Clark and Wells a few months ago for an old 02 bill

 

 

they have been ok,

 

 

howvever they did call me at work one day and straight away i ststed that if they called again i would contact the appropriate ppl and so on (i have read that on here before )

 

 

i sent them a statement and offered them £5 a month , i have also got a letter off them today,...

 

i write with regard to the recent communications concerning the above account

and can confirm that the account has been closed at this office

and returned to our clients any further correspondence should be directed to our clients....

 

what does this mean???

 

 

is this good news or bad news???

 

 

xxxxxx

[SURFBOY]

It just means that Buchanan Clark and Wells are no longer dealing with the old O2 account.

In a few months time you will probably get a letter from another DCA begging you for your hard earned money.

[Bazooka Boo]

apart from that shlould i just send a letter saying i will pay £8 a month and ask for paying in slips and leave it at that??

 

You can do yes, however could you set up a Standing Order instead?

And don't forget any letters you send to DCA's need to be sent via recorded delivery, so they can't say they never received your correspondence.

 

When you say an 'old' O2 phone bill, how old exactly?

The fact that BCW has handed it back to their 'client' simply means that they are bored with it now and will pass it to someone else to wring it dry.

Did you actually owe any money to O2?

 

Have you rang them to find out?

[missHelpmeplease]

yeah i owe them about £70 i think, from about 2004 i thought i had paid it but obviously i heard nothing until a few weeks ago to be told i still owed apparently they traced me?? anyway on a lighter i note i was warned that that account would seriously harm my credit file hahahahahahaha its already been attaked a few times its bound to be dead now???????oh well what a shame... xxx

[lexis200]

Hi missHmp:)

 

Firstly - don't panic, the likelihood of them actually getting off their ar**s and coming round is minute. It's so much easier to just panic people into phoning them by sending these threats. Once you phone you are now open to being bullied (and they will tell you all sorts of lies to do this) into paying them what they want.

 

Secondly - it sounds like you've not had any information about this from Cap1, so don't deal with Debitas until you have written to them Cap1 to find out what the hell they're playing at. You can send something to Debitas which simply states you are confirming things with Cap1 and when they have answered you will contact them again.

 

With the doorstep caller letter, print a copy out to keep by the door so that if hell freezes over and anyone does turn up, you can simply hand it to them and shut the door in their face. I did this about 18 months ago when we had the first letter threatening this. It's still sat by the front door, and I'm ashamed to say it's a bit dusty now:oops:

 

What you must always remember is THEY HAVE NO POWER!! This is especially true as they have likely just been given the debt to manage rather than bought it.

 

The worst - absolute worst - thing that they could do is take you to court where a judge would order you to pay what you can, not what they want you to pay. It would only be after this that anything else they threatened might happen, and this would only be if you didn't pay as required, which of course wouldn't happen as it will have been set at a level you can afford.

 

The thing is, if Debitas are now involved but you haven't heard anything from Cap1, then the overriding likelihood is that they are simply managing the account for cap1. Unless Cap1 have (correctly) defaulted you and terminated the account they can not sell it (not that that'd stop them:rolleyes:) This means Debitas have exactly diddly squat in the way of enforcing powers as it's Cap1 who would have to take things further, in which case the above paragraph stands true. At the moment though all debitas can do is threaten and cross their fingers that it'll work.

 

Have you contacted Capital One to confirm Debitas' involvement? If not, do this by Recorded delivery post, not by phone. In it, make sure you ask why they passed on the account a) without telling you they would and b)without responding to your previous letter requesting help. This is terrible treatment by them and occasionally (very occasionally) you can get a decent result by telling them just how bad they've been, it just needs to land on the right person's desk.

 

Look at it this way; if you don't have the money to pay them what they want, then they can't have what they want. They can throw their toys out of the pram all they like, but they're still bu**ered if they want more. I would really write to Cap1 again, make the offer again, but add in that if they don't agree you will have no option but to reduce payments to what you have offered, which shows good will on your part and blinding ignorance on theirs. Also make sure you ask for all contact to be in writing - something along the lines of 'In order to ensure that all details are understood and nothing is misheard or misunderstood I require everything to be in writing. I will not discuss this or any other financial matter over the phone, but I will keep the lines of communication open by letter'.

 

Do not phone them. Ever. If they phone (and you are up to it) then when they ask to speak to hubby or you, just say 'can I take your name please', which they tend to answer straight away. Once they've done that, just tell them that you do not talk about financial matters over the phone, and put everything in writing. If they don't immediately say goodbye, tell them (politely) you are going to hang up. Then actually hang up:) Do not go through security, do not get sucked into a conversation. If you can record your calls in any way then do.

 

If you are not comfortable talking to them then simply get a notebook and everytime they call note down; the number they call from or whether it's witheld, the time, the date, any message, and whether it's silent or otherwise. If you can talk to them just to find out their name then add their name to the list too.

[Bazooka Boo]

i was warned that that account would seriously harm my credit file

 

Yeah, makes you laugh really, like my credit file is of any concern. It doesn't effect my health, the way I walk or talk, it is of no concern to me, it is only of a concern to you and your sad little company that likes to intimidate people:p

[lexis200]

And the people trying to get a mobile phone for their OH for christmas:(

[missHelpmeplease]

wow thanks so much... looks like ive got a long day ahead of me writing letters... thanks everyone it always overwhelms me when i post on here as everyone is so nice and helpfull, well thanks soo much , i will of course keep you all updated and im sure il have somemore letters coming soon after i sent out the last batch of incomings/outgoing statements, so speak soon and thanks again xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx