Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[IdaInFife]

harassmanet by telephone letter:

 

Harassment by telephone - Consumer Wiki

 

 

Have you thought about sending an SAR to relaim any unlawful charges? :

 

Subject Access Request - Consumer Wiki

 

 

 

and when you are ready if there is any balance to pay send of and I&E with a payment proposal YOU can afford and include the first payment and stick to it

 

 

ida x

[emmaf01]

The problem is they are now charging at £12- I didn't think we could reclaim them?

 

So I need to send another SAR to cover from last year to now?

 

I know I received a CCA over a year ago, as otherwise I would have taken action last year, but I will check again.

 

The harrassment by phone letter will go out , along with a "you cannot come and visit my house" letter in response to the letter I received from Debitas this morning. Someone is NOT coming to visit me in the next few days!

[emmaf01]

Well, only three phone calls this weekend, which consist of me refusing to answer security questions, telling them I'll only deal with them in writing. They then say they will just keep ringing and I say I consider this harassment and putting the phone down.

 

At least I'm now answering the phone and not cowering under the sofa.

 

Due to CAG, I'll deal with all of this on my terms.

 

They don't scare me anymore.

 

So can I reclaim any of their charges now or not? What about a new SAR?

[creditcardmug]

Hi, just to put you in the picture Debitas are the in house DCA for cap1 i.e. its the person sitting at the next desk in the same building as the one who called you last week. So nothing has really changed yet.

I would send them another CCA now just to be on the safe side, i think the chances of them having anything like a valid CCA are nil IMO.

 

Here is a new CCA request letter written courtesy of Scarlet Pimpernel for you

Good luck and come back when you have anything to update

Regards CCM

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

[emmaf01]

I'm going to check my old Capital One file for the CCA tonight to see if I'm right in thinking they provided it !8 months ago.

 

Other than that am I right in thinking I can't claim back £12 charges- I think I've been getting two every month.

[emmaf01]

Has anyone got a proper address for Debitas? I've only got a PO Box?

[IdaInFife]

I tried looking around for one but canlt find any other than a po box............but

 

apologies if not allowed to link to other websites but this had me in stitches

 

Debitas, found on a financial web site - alt.clearing.technology | Google Groups

 

 

Idax

[havinastella]

Emma,

 

You CAN claim back every charge, even the £12.

 

JOgs

[emmaf01]

Really, cause I've got £12 charges out the wazoo! Ace! Is that because they don't reflect actual costs?

 

Anyway, due to printer trouble only fixed now, I'm going to have to send my bunch of letters tomorrow. At least they are all done now.

 

So I've got to add a SAR to Crapital one as well, if I can't find all my statements.

[emmaf01]

CCA sent off today.

 

I'm going to send off a S.A.R - (Subject Access Request) as well, I just need to have the cash for a £10 postal order to go with it! Today I sent eight recorded delivery letters, four CCA £1 postal orders and two £10 SAR postal orders. I am darn near skint, but very happy.

 

I cannot wait to watch everything arrive on track and trace... and spread a little excrement to these DCAs.

 

Its great to be back.

[emmaf01]

Debitas/Cap1 are getting weirder.

 

I'm used to their daily phone calls- I think I actually look forward to telling them I won't answer their security questions etc.

 

But now something different. Today the phone rang, I checked caller display, saw it was them and answered.

 

"Is Ms emmaf01 there?"

 

"Yes I am"

 

and then he put the phone down. I'm hoping my legend precedes me, but I doubt it.

 

Its not fair, I might have wanted to offer them a payment!

[emmaf01]

I just had such an enjoyable phone call with Debitas, who, despite having signed for my letter on the 15/8, have no knowledge of it. When they asked what address I sent it to, they had no idea what the address was- its their registered office, on all their stationary.

 

I got to tell them to look at the bottom of one of their own letters.

 

It was a long phonecall during which I was very condescending- just like they are on the phone.

 

It also achieved nothing, just like their usual phone calls. But fun.

 

So if they have signed for a letter, but deny getting it- what do I do? I hope they cash the postal order as well.

[emmaf01]

Debitas rang again tonight- I don't think I've used the words "dispute" and "harassment" that many times in a phone call before.

 

Anyway, they deny all knowledge of the letter received by them on 15/8.

 

I'll double check it was signed for tomorrow- then I'll see if they cashed the postal order.

[emmaf01]

I'm writing off to the postal order people to see who cashed my PO as Debitas definitely signed for my letter 15/8 (signature on track and trace) but they still deny ever getting it. Grrrr 1!

 

Tonight they rang again, just as I was taking my little one up to bed. Unavailable number. I went through security to confirm they still say they haven't got my letter. Unfortunately got the worlds biggest smart A***. After he confirmed the account was in dispute, no sign of letter, etc he asked if the account went into dispute on 15/8 why hadn't I paid for the six months before that!!!! Small hint you tosser, as it says on your computer screen, because most of that time I was in hospital. Its not like Cap1 weren't told repeatedly. So he says the debt is going to an external DCA. Grrrr2!

 

So tonight I will be draughting one letter to Debitas saying here is the copy of my letter of 14/8. Sent by rec delivery, signed for 15/8. Here is the list of times you phoned since. You still haven't provided a CCA. If you attempt to farm out this debt while it is in dispute you can foxtrot oscar.

 

Second letter goes to Cap1 asking for all my bank charges to be refunded. Not a great chunk off the debt but about a third. Just as another joint attack because I hate them. Plus a request for copies of three bank statements I have missing will go in a SAR next week. Just for an extra ooomph.

 

Then a third letter to get the charges back on OH's Cap1 card- still perfectly OK. That will reduce the balance by two thirds- and a Merry Christmas!

God, I really hate them at the moment.

[Mockenrue]

Subscribing.

[berrylover]

Come on Emmaf01. You go girl!

[emmaf01]

So my letter was delivered yesterday and this afternoon I got a short phone call-

 

Can I speak to Mrs F?

me- who's calling

Debitas Legal Services

me- Oh so you got my letter

I can't discuss that without security- date of birth

me- gives DOB

oh...

 

Then the phone went dead, I'd been cut off!

 

I think they liked the letter then!

 

(or they haven't bothered to read this months post either...)

[emmaf01]

So we got all my husband's statements back via a SAR and have sent a prelim letter in last week.

 

Today my husband got his usual statement through (with another £12 charge on it, good) and on the back below the not telling him to pay £12 to get his account back under the limit (which it wouldn't be over without your charge) is the following note.

 

"Dispute resolution

 

If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the Financial Ombudsman Service. If you do not take up your problem with us first you will not be entitled to complain to the Ombudsman. We can provide details of how to contact the Ombudsman."

 

So they don't even bother to send you a letter these days, just shove some paragraph at the bottom of your statement?

 

And I'm not doing the FOS, mate- I'll just take you to court!

[beachcomber60]

My wife got the same message on her statement this morning, fed up writing to them, why should we have to exhaust their compaints procedures before going to the FOS? Default invalid as it contains penalties (another £12 today).

 

Told them to take me to court, for some reason they won't oblige.

[emmaf01]

After a further phone call that day, Cap1/Debitas have put my account on hold for two weeks, as they have finally decided ignoring my post doesn't mean it will go away.

 

I am waiting to see what they bother to do- I'm not entirely convinced. But my OH is still chortling at my telling them on the phone that I wasn't listening to what they were saying as they weren't saying anything important! (well, they weren't...)

[emmaf01]

Today we got the usual "bog off" letter-

 

"you agreed to the terms and conditions of the account..."

 

"I've reviewed your account and no fees above £12 have been applied. Therefore there are no refunds I can offer you."

 

Now stop being a bad boy and go away quietly, while we apply charges to your account which bear no relevance to the costs incurred by us, so are making us a hefty profit...

 

OK- the last bit is mine, but that's what they really meant by the last couple of paragraphs!

 

LBA is off this week, methinks.

[ukaviator]

Yes, next stage now... Take no prisoner's with this lot emmaf01..

[emmaf01]

Considering that personally I've been on at them for months, it's my pleasure, UKaviator!

 

I'm so glad I'm also resurrecting the remains of a previous claim on my own behalf as well. I'm just getting them from every direction I can think of.

[emmaf01]

Hi everyone,

 

This morning at 8.01am, we got a phone call from an unknown number- 01252 576417.

 

Purely to find out who called, I rang to find an recording saying "Thank you for calling Capquest. Please have your account number ready..."

 

Of course at that point I put the phone down.

 

We've had NO letters from this lot, so I'm wondering- "Which company/DCA who haven't returned any CCAs/documents, have decided to pass this debt on to Capquest?

 

I'm almost looking forward to getting a letter from them now!

 

So are this lot as bad or worse than the rest?

[PGH7447]

as bad, they like using SD's at the first opportunity