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'consider' court action.... that's because they can't say they WILL do something they don't intend to do. They aren't taking you to court.

 

This is just personal opinion and someone here may have a more definitive procedure for you but I would start my claim. Then send a schedule of charges to Cap1 that you are claiming so you are following the correct procedure and also insert a letter to Cap1 pointing out you have started the claim and the account is in dispute so call off Debitas. Remind them they are responsible for Debitas' actions and mention that you have received phone calls that could constitute harassment and you will be reporting both Cap1 and Debitas if you receive anymore.

 

Make sure you fill your claim out following the examples on the site here and you will have the charges wiped before you know it. GL.

thank you blackrain will do the N1 version to-day.
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  • 11 months later...

ok, here goes.

 

I have never heard of Debitas taking anyone to court as Capital One have a policy they do not issue court proceedings against any account holder. It used to be the case they did but is not now. Usually, what will happen is that once a default notice has been placed on the account, it goes into something called 'Debt Sale warehouse.' and an outside company will collect.In a case like this, it will be 'pre-lit debt sale warehouse.' It will then be sold onto another company who will then instigate the proceedings. However, Capital One are very lazy. It can take them months to flog accounts. Make sure you get on to the ERC about your charges.

Debitas can only do short-term payment plans as well. On any acct that is about to be sold they will not offer payment plans. They are also likely to reject a settlement BUT that is at their discrestion - they can accept. As for the phone calls, they use a dialler. Once they get in, it can be impossible to get out of it..... hope that helps :)

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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Hi all i am new on this site and was after a little help. Just received a letter from Debitas so i phoned them and straight away they told me i have two days to pay off the account in full or the account will be passed on to an outside debt agency who will get a court order to remove things from my rented home. When i asked why i could not enter a payment plan i was informed it was because i owed more than £600 on the account.

 

Any advice will be gratefully appreciated :confused:

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that thing about 600 isnt true. Probably what theyve done is put the account into what is called 'debt sale warehouse' but they arent allowed to tell you that. That's why they cant accept a payment plan. When it is sold, probably you will get a chance to negotiate a payment plan with the DCA.

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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hi spooer11

 

think you will find that debitas are just using bullying tactics against you, their letters can seem very threatening on the first read but if it is the same letter i received it reads "one of our representatives will call you (not call ON you) unless you reply immediately. this can be very easily misconcieved that someone will call at your house.

 

even though your account is in or nearly in default that your account is still with cap1 (the very small print at the bottom of debitas letters state that debitas is a trading name of cap1.)

 

stick to your guns, don't be intimidated by their tactics if you make them an offer of payment they should accept it (try and try again)

 

think any court would throw it back at them if you have tried to make a payment plan with them and they refused it.

 

keep records of all you communication with them as you will be told a different story every time you are in contact with them as their left hand does'nt know what their right is doing.

 

good luck and keep us all up to date.

 

joe

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