Nina P v Capital 1 - harassment

[nina_p]

HI Guys, I'm new to this site. It's nice to meet you all. Could I please ask your advice?

Last week debitas office rang me about an outstanding bill for Capital one. I explained that I have had to put a lot of my debt into debt consolidation due to being made disabled. The caller would not take no for an answer.

I also explained that I had recently changed bank accounts and that I no longer had debit cards or any credit cards due to this and I had no way of making a payment. I requested Giro slips so I could make a payment to keep this bill down to a minimum. These giro slips have not arrived so far.

 

Today, I received a phone call from debitas

I explained again about the debt consolidation. When I asked to talk to a manger he said he was the manager.

He was very angry, confrontational, provocative and threatening! He refused to let me talk to a manager and talked over the top of me. I explained that the giros hadn’t turned up yet and he called me a liar. When I said I would be ringing his boss about his threatening attitude he again abused me calling me hypocrite and liar.

When he was shouting at me I told him to tone it down abit as I am now mentall and physically disabled He said "so what, expect a court summons and to pay double the amount!" I had to put the phone down in the end. cause it was making me ill. Can they do this?

[saxon]

Hello, wecome to the site,

 

you are not alone here

 

NO, they are not allowed to do that to you, if they won't listen to you, place the phone down gently, and go make a cup of tea or coffee. Pick the phone up gently, if they are still on line, ask if you can now speak and tell them you will only deal with them by letter and say firmly goodbye.

 

First, send them a CCA request, template in the library, once you have done that, read all you can on the forums, this place is fantastic.

 

Second, do you have/had any charges with Cap 1?

 

If you do have/had charges added to the Cap 1 account, send Cap1 a S.A.R - (Subject Access Request) - data protection request unless you have all your statements, again a template letter is in the library.

 

I hope this helps, Others will be along to offer their support,

 

You have taken a great step towards freedom from these people, chin up.

[Bookworm]

Moved this to a thread of your own, rather than tacked at the end of an old one.

 

Copy and paste the letter below to them, ASAP:

 

Dear Sir/Madam,

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 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 Wireless Telegraphy Act (1949) and I will report you to both 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.

Yours truly,

 

 

Add your name, address, Cap1 account number, and send off.

Don't worry if you can or can't record the calls, they don't know whether you're bluffing or not.

 

If it's been passed to the debt collectors, you can bet part of your outstanding balance will be down to charges, so send off a SAR to Cap1 ASAP.

 

A friend of mine "owed" Cap1 £500, on receiving her statements, it turned out that there was £600 of charges, so they owed her £100!!! Like you, she was gettign harassed all day long, I got her to send the letter above, and they confirmed in writing they would stop calling, and they haven't called her once since.

[nina_p]

thank you so much, you've been a great help.. It' great to know that I'm not alone. Thank you

[nina_p]

Hi Guys, Does anyone have the Debitas address for sending them mail? I asked them for it but they refused to give it to me.

[nina_p]

With a debt of £146 owed to capital one, I was contacted everyday by Debitas. After coming to an agreement of paying them £50 a month I thought It was all sorted. They have now decided that this is not good

enough and because I recieve benefits for being disabled they told me over the phone yesterday that they were handing my account to their soliciters, who would take me to court and take the money out of my Disability Living allowance. Is this right and can they do that? Please help.

[dx100uk]

they must have charged you unfair fees over this!

start a claim, the the A/C will be in dispute, so DCA can do nothing.

 

might be an idea to CCA them too

only costs £1

 

dx100uk:rolleyes:

[Nightmare4banks]

nina_p,in reply to your post:

 

1.Only pay what you can afford.

 

2.Also,report them to the OFT for breaching their guidlines.

[PriorityOne]

With a debt of £146 owed to capital one, I was contacted everyday by Debitas. After coming to an agreement of paying them £50 a month I thought It was all sorted. They have now decided that this is not good

enough and because I recieve benefits for being disabled they told me over the phone yesterday that they were handing my account to their soliciters, who would take me to court and take the money out of my Disability Living allowance. Is this right and can they do that? Please help.

 

Nina... they are trying it on. £50 a month is way too much from someone on Benefits. As for them taking it from your DLA, I very much doubt that a court would allow it. DLA is not a means-tested Benefit and is awarded to help wwith the extra expenses incurred because of disability and/or illness... not to pay debts with! I can remember having some ridiculous conversations with a particular DCA about this, when I was receiving DLA for my daughter.

 

Please try not to worry. As advised, post a CCA (Consumer Credit Agreement) request off to Debitas.. it only costs £1. Make sure you send it by rec. delivery and keep the receipt. If Debitas don't produce it within 12 days from receipt, it means they are in default and cannot enforce the debt without going to court. This means that you are entitled to withhold any further payments until they can produce a CCA in court. One calendar month later, they will have committed a criminal offence. If they have not bought the debt from Cap.1, then the debt will be passed back to them and you can then deal with them directly.

 

Do not worry about the threat of court action. If you're on Benefits, it's unlikely to happen anyway... the judge would simply reduce the amoiunt you are currently paying down to an affordable level.

 

[PriorityOne]

The link for the CCA request is here :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter N.

 

[Debbi M]

I'm new to this site so hope I'm doing this correctly! I'm a legal secretary who contracted RSI. Have been unable to work since March 2007. Couldn't pay any creditors etc, saw CAB (not much help to be honest!) Main debtor is Barclays, £6.300 odd which I have been paying for last 10 years. Barclays ignored my letters informing them of my illness, disability and inability to work and turned my account over to Moorcroft Debt. Been hassled ever since. Am on JSA now - fighting appeal to get incapacity benefit restored. CAB sent all my creditors a letter from my GP confirming my condition and impossiblity of finding work (can't type, lift or write without great pain). Barclays/Moorcroft just don't want to know and are threatening "further action". Have taken them to Ombudsman but that was 5 months ago and they are only just looking at the case. Anyone got any suggestions? I also get DLA at the lowest rate but I'm damned if they're going to get any of that! Have to stop, hand hurting like mad.

[PriorityOne]

Hi Debbi....

 

Please start your own thread on this one. Moorcroft won't be interested in any pleading letters that you send them... they need to be dealt with in other ways. Start your own thread and we can then keep track of your situation and advise you on how to deal with these morons.

 

[Debbi M]

thanks for replying Priority One - but I don't know how to start a new thread - or how to use this forum at all!! Any advice greatly appreciated.

[PriorityOne]

Hi Debbi...

 

If you go to the top of any of the debt forums, you will see a box called "New Thread". Click on this, type in your story and when finished, submit it. It will then come up as your very own thread in that forum. Have a go and see how you get on.

 

[Debbi M]

Sorry to bother but I haven't a clue how to start a new thread on this forum. Help me someone!

[Mr Blue Sky]

Hi Debbi - click on this link:-

 

Dummies Guide

 

That should tell you all you need to know:)

[harryposter]

Hi Nina, I'm sure when you write to Capital One it's being forwarded to Debitas as it's part of COB.

 

Anyway, I am one of the lucky folks that got some friendly mail from them by post, so here's their address:

 

Debitas Legal Services

PO Box 6459

Nottingham

NG2 3FG

 

Cheers

[MARTIN3030]

3 threads merged Nina