Mrs Phonesurgeon VS Capital One

[Phonesurgeon]

Sent my S.A.R.(subject access request) in today i am now waiting to hear from them.

Also sent the harassment letter for the milions phone calls received.

They will know now i mean business.

will keep you all posted

[Phonesurgeon]

hey guys i need some advice on what to do next.

Sent a S.A.R(subject access request) on 12/02 and also an harassment letter for the phone calls.

Sent an even stronger letter complaining yet again about the frequency and amount of calls on 17/02.

Didn't hear from them since, today i ve received a letter from debitas demanding the outstanding amount of £404 on a £200 card!

I still haven't received my statement so what should i do now?

Please help!

[doo]

Send them a request for your CCA (consumer credit agreement) letter template is in general debt department (I think it's template N) - you will need to put a £1 postal order in with this, while you are waiting for them to comply with this (they have 12 days) I would also send a letter advising them that you will be disputing the account if unlawful penalty charges have been added to your account.

[Phonesurgeon]

Thanks doo i thought that was the way forward but i just needed some re-assurance. i will do that and see what happens next. Thanks again8)

[Phonesurgeon]

Although i sent a CCA request to debitas they are still ringing and harrass. I even signed a power of attorney document giving my husband power of dealing with them and sent it special delivery but they are disputing it has ever arrived, royal mail saying the opposite.

What should i do? i have stated to 9 different operator(2 English+7 foreigners) that i dispute the account and they still chasing me.

Please help

[TANZARELLI]

[Your address]

[Their address]

[Date]

Dear Sirs

 

ACCOUNT IN DISPUTE

ACCOUNT NUMBER: **** **** **** ****

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have passed my account over to ………………… DCA - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[Name]

Cc ……………………..DCA

[Phonesurgeon]

Peace at last!

Finally the news has sunk in with both Debitas and Capital One.

Sent S.A.R to Cap1 and CCA to debitas and since yesterday i am enjoying the cosmic silence interrupted only by my kids playing.

A heart felt Thank you goes to eveyone that helped me achivieng this from me hubby and kids.

[susanne007]

if they ring again which i'm sure they will. be sarcastic with them. i hold the phone away from my ear and every so often just say yeah yeah whatever. this really annoys them and then they hang up on you. mioght not work but i feel every so smug afterwards( childish really).

[Phonesurgeon]

Well that didn't last long.

we received a letter this morning saying that within seven days they will instruct a debt collector agent to visit our property.

Faxed back saiyng that i revoked license under english common law for you ar anyone else to visit me at my property.

(edit )

[TANZARELLI]

I wouldn't recomend gun crime.

 

comments refered to in this post have been edited from OP

[ukaviator]

Hi

 

Even though there are charges on the account, have you been making the normal monthly payments?.. If not, you should keep up with those or pay something to the collection agency to keep them at bay. They can cause you a lot of extra hassle when there maybe a quick and easy solution. Any payments made will be taken into account when you get your charges back. This is damage limitation here, and i would'nt let your hubby loose.

 

Ukviator.

[Phonesurgeon]

Sorry for my rant the other day but capital one first and debitas afterward are not aknowledging the letters sent to them by the debt management person from Citizen Advice Beaureau.

We are on JSA at the moment and claiming everything we're entitled to, we have another couple of debt as well and all we can afford is a token payment of maybe £1 maybe £2 a month but they just wouldn't accept it.

Many times i have tried to negotiate on the phone and by letter they just won't budge, even sent them a expenditure forms, only to be told its not realistic! What else am i supposed to do?

[bazak1]

if the account in question is still obviously causing problems, i believe that you can contact them informing them that the accout is in dispute. this basically locks the account until the whole mess is sorted, but by the sound of it you still have a battle on your hands. good luck

[Phonesurgeon]

Good Morning firstly I would like to apologise to all mods about my rant involving use of violence, I DO NOT CONDONE VIOLENCE AND I WAS WRONG THINKING ABOUT IT.

I have made the point of this mess and i came up with some ideas and would like your input on this one.

as i said previously me an hubby are on jsa and we do have other creditors.

on our expenditure forms we have identified an amount that can be diverted to pay a little more.

So here's the thought:

Through C.A.B. debt management scheme i will be offering token payment between £3-5 to all our creditors, bearing in mind this is what realistically we can afford.

Questions: WHAT HAPPENS IF A CREDITOR OR DCA DOES NOT ACCEPT IT?

WHAT IF THEY TAKE US TO COURT?

[TANZARELLI]

Good Morning firstly I would like to apologise to all mods about my rant involving use of violence, I DO NOT CONDONE VIOLENCE AND I WAS WRONG THINKING ABOUT IT.

I have made the point of this mess and i came up with some ideas and would like your input on this one.

as i said previously me an hubby are on jsa and we do have other creditors.

on our expenditure forms we have identified an amount that can be diverted to pay a little more.

So here's the thought:

Through C.A.B. debt management scheme i will be offering token payment between £3-5 to all our creditors, bearing in mind this is what realistically we can afford.

Questions: WHAT HAPPENS IF A CREDITOR OR DCA DOES NOT ACCEPT IT?

WHAT IF THEY TAKE US TO COURT?

 

I am no expert but I would attend and state what steps you have tried to take to rectify the situation. I cant see the court coming down on you that hard, if anything if you can prove that you cant afford it I think he will say they have to accept your offer.

 

JMHO

 

Tanz

[Phonesurgeon]

UPDATE:

since my last post i haven't received anymore calls either from cap1 or debitas.

I did think the situation over and at this point i ve reached an understanding with debitas and i will be making token payment to them on the clear understanding that i will reclaim the charges back from cap1 which in turn will massively reduce my debt maybe even clearing it out( I can't be sure of the latter but just a feeling.)

A huge thanks go to the peoples that tried to help me, Tanz and company and i would like to apologise to the CAG forum members for my outspurt of utter rubbish!

[ukaviator]

That's ok.. we get a lot worse posts on here. You were'nt moderated so don't worry. When you get all of your statements back go through them all. We can help with claiming back some interest as well. Maybe enough to clear a debt and have some over. Keep us posted. We are here to help.

 

Ukaviator

[Phonesurgeon]

UPDATE

The very nice(not!)people from DEBITAS are now considering court actions as i failed to contact them about making an offer of payment.

What they did not mention is the letter i sent them saying this account is in dispute as i am taking steps to reclaim the charges cap1 applied to my account. it clearly state to withold any legal action until the dispute is resolved. and no word from cap1 re: SAR.

Any suggestion on what to do next? Thanks

[TANZARELLI]

Thanks For The Click

[ukaviator]

They get 40 days to send out your S.A.R. Maybe a call to remind them the clock is ticking could speed things up a bit. It maybe worth writing to Debitas and telling them again that the acount is in dispute and to hand back the account to Capital One. You should pay something to the account as a token gesture to keep the wolves from your door.

Anything paid will be taken into account later when you get your refund.

I would do everything in writing from now on, to stop any harrasing calls.

 

Hope this helps

 

Uk

[Phonesurgeon]

Ukaviator thanks for info, i am doing exactly as you suggested.

I also forgot to say that i ve sent a CCA request to Debitas so them toohave got a deadline to respect yet they threaten me with possibility of court(i really want to see their faces trying to explain that to the judge).

Also i am making a token payment as well, although they say is not acceptable i am still making it(hopefully the same judge will not punish me....too hard:D ).

 

Since all the calls stopped the debt situation seems more manageable than before.

[ukaviator]

I'm glad the calls have stopped. You should do everything in writing from now on. You don't need hassle calls from them during the day. If you need any assistance on any debt issues try the Debt forums here or the CCCS website for some guidance.

 

Uk

[Phonesurgeon]

Update...

Received statement fro CRAP1 and they are after me for £404.06(£200 limit) adding all the charges and interest they now owe me £419.36.

Sent a CCA request to DEBITAS but all is quiet there( they defaulted and commit an offence on 15/04).

Sent my prelim letter on 20/03 and all is quiet from cap1 as well, they have till 03/04.

All the hassle has stopped and i finally sleep at night. Thanks to the many peoples that helped

[doo]

Good to hear you sound like you have it all under control, you will get an offer soon, I have had 3 all for the same amounts and have rejected every one of them. N1 put into court on Thursday, so just sitting back and waiting.

[Phonesurgeon]

Update

sent a lba letter yesterday and revised charge summary to include the mis-sold ppi as my missus she is a housewife with no disposable income apart for the child benefit.

I have no hope of this been settled before court... she is claiming contractual interest and the charges are more than the outstanding balance...