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Debitas Legal Services - Serious Help Needed!


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Hi Guys.

 

I haven't been on here for ages. In general have been making a real effort to reduce my debts for the past year or so and I am doing quite well....

 

...however...

 

...I have defaulted on my Capital One Credit Card. The balance is only £260 and I have written to them on numerous occasions to offer a reduced payment. They have refused every single letter for any one of the following reasons each time:

  • First time: I apparently never specified if I wanted a long or short term payment plan
  • Then the payment offer was too low
  • Then the payment offer they believed I could not afford and they were seeking court action
  • Then finally they just never replied.

They ring my home at least five times every single day, and if I am unavailable they are speaking to my mother like utter crap, and when they do happen to get me if I am in they go over the same old story every time. I have to date received six default notices from capital one for the same account? As it stands I am getting one with every statement.

 

Anyways, today a man turned up at my front door without any prior warning and handed me a mobile telephone. He advised me he was from Capital One and asked me to speak to them on the phone.

 

After about ten minutes he eventually got through to them and as this agent obviously wasnt me, they disconnected, so I ended up having to call them back anyway.

 

What the hell is all this about? Can someone please assist me. I have debts in the thousands and over 35 creditors, but these are the worst out the lot!

 

Please advise.

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Hi,

 

You should have told him where to put the phone !!!

Are there any charges on the Cap 1 account ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Yes there are charges, but, you see this is one of my disputes with them. I got a letter from them with an offer to refund £160 odd of charges. I signed and sent back the acceptance slip but it never got refunded.

 

I am preparing some kind of letter tonight to go over the whole issue i am having with them, so any thoughts...

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I take it you sent them a prelim asking for your charges back, if so proceed to sending them a Letter Before Action, giving them 14 days to comply.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I sent and accepted an offer of a charges refund. My issue with them in the immediate term is the harassment. I have in all of my years dealing with debt collectors, never known anything like it.

Edited by vtrn
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Hi, re the harressment: Complain to OFT and TS via: Consumer Direct

 

Then also send them the following: (I would use RC so that you can confirm they have received the letter).

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

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. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

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thank you so much for that. Is there anything I can add with regards to the home visit. This was tremendously embarrasing and to be honest the wierdest method of getting someone to phone a creditor i have ever seen!

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