Help Capital Harassment & Default

[doyin22]

Does anyone have a letter to send to DCA and to stop Capital One phoning me 10 times a day?

 

I have been in dispute with them since June and sent off my SAR, then a Prelimary Approach letter to which Mr Udy responded with the standard

"we sorry your unhappy, we will reduce our fees to £12 as a gesture of goodwill..."

I wrote back and accepted that as a partial settlement and will be pursuing the balance only to be told that it was a final offer.

I then sent a LBA and this deadline expires on 27th Sept, however, I received a letter from DCA ( Debitas) saying my account as been defaulted and passed onto them for collection.

 

In addition to all this, Capital never put my account on hold so its still occuring charges every month and I get calls every day and i have informed them that i will not discuss my acount on the phone but they take no notice...

 

Any Advice or template letters i can now send.

[pugsley]

I sent them this it stopped it for now

 

Alex Matthews

Debitas Legal Services

PO Box 6459 Mxxxxxl

Nottingham xxxxx Road

NG2 3FG ll

 

 

 

 

September 2006

 

c.c to Mr R Udy – Capital One

 

Capital One – Account Number

 

 

Please note that the outstanding balance on the above account is now in dispute and a partial offer has been accepted and a money claim and a claim for removal of a default notice for the balance against Capital One is going ahead.

 

 

I have requested by phone to Ms a Montana at your offices 3.38pm today any other contact from your company will be considered Harrassment, but she has refused to stop contacting me and was very badly trained as to the aspect of claims in dispute.

 

She has, therefore, decided not to abide by the following laws:-

 

1. Protection from Harassment Act 1970 - all of it

 

2. Administration of Justice Act 1970, Section 40 onwards

 

3. Wireless Telegraphy Act 1949, misuse

 

4. Human Rights Act 1990, Article 8 - Right to respect for private and family life

 

 

I am sure you are aware that the Courts have the power to remove the debt owed if harassment can be proven. I have been keeping a diary of the phone calls and further letters so this shouldn’t be a problem.

 

I have made 3 copies of my letter. One is being sent to …………xxxxxx and, if my wishes are not complied with, I will give no further warning and I will give a copy to the police and Oftel.

 

Consequently I no longer acknowledge any debt to your company. No payments will be made to you by me, at least until the resolution of the dispute referred to.

 

Please, therefore, refrain from making any requests for payment, either in writing or by telephone, or taking any legal action to recover any alleged debt.

 

When I have a resolution to the dispute referred to, I will write to you again.

[doyin22]

Thanks, this is very helpful. I'm sending it off now..

[doyin22]

I have now put in a MCL claim against capital so fingers cross i get a settlement soon.

 

Capital One

Prelim sent 29/06

Reply received 11/7 offing approx 40%

Response 30/8 letter sent accepting offer as partial

LBA sent 13/9/2006

22/09/2006 Letter Received - not getting a refund

Harassment letter sent – 21/9/06

MCOL Submitted 27/09

MCOL Issued 28/09 exp 12th oct.

[doyin22]

I have filed a moneyclaim against capital which they intend to defend. However, sent following letter to Debitas Legal who claim to be working for capital and they have ignored it, I called capital one and they tell me they are not discusing the case as it was past to debitas.

 

Debitas Legal Services

PO Box 6459

Nottingham

NG2 3FG

 

 

21 September 2006

 

c.c to Mr R Udy – Capital One

 

Ref – DEB/5550

CAPITAL ACCOUNT NUMBER: ????

I should like to advise that the outstanding balance on the above account is in dispute and is between myself and the original provider (capital one) and as I believe this debt to be carrying a disproportionate level of unlawful penalty charges, under the Office of Fair Trading Regulations 2.H any further attempts to contact me will be considered harassment and will be reported to the OFT.

Please also note that a partial offer has been accepted and a money claim and a claim for removal of a default notice for the balance against Capital One is going ahead.

 

I have requested by phone to Ms Sukh Wal at your offices at 16.38pm today any other contact from your company will be considered Harassment, but she has refused to stop contacting me, claims I must settle the debt with debitor and was very badly trained as to the aspect of claims in dispute.

 

She has, therefore, decided not to abide by the following laws:-

 

1. Protection from Harassment Act 1970 - all of it

 

2. Administration of Justice Act 1970, Section 40 onwards

 

3. Wireless Telegraphy Act 1949, misuse

 

4. Human Rights Act 1990, Article 8 - Right to respect for private and family life

 

I am sure you are aware that the Courts have the power to remove the debt owed if harassment can be proven. I have been keeping a diary of the phone calls and further letters so this shouldn’t be a problem.

 

I have made 3 copies of my letter. One is being sent to capital and, if my wishes are not complied with, I will give no further warning and I will give a copy to the police and Oftel.

 

Consequently I no longer acknowledge any debt to your company. No payments will be made to you by me, at least until the resolution of the dispute referred to.

 

I must point out that, if it turns out I have been defaulted on this account by Debitas, it will become a subject of further legal action against Debitas

If, as I suspect, I have been defaulted on this account I will be lodging complaints with the Banking Ombudsman, The Office of Fair Trading and the Data Protection Controller and will issue Court proceedings in order to recover damages and compensation for Defamation of Character and the Removal of the Default from my Personal Data File.

 

Please, therefore, refrain from making any requests for payment, either in writing or by telephone, or taking any legal action to recover any alleged debt.

 

When I have a resolution to the dispute referred to, I will write to you again."

 

They seemed to have ignored my letter and have sent me a letter saying they are considering issuing court procedding aginst me unless i call them to pay....

 

What next?

[PhilGDUK]

I too now have Debitas Legal on my back.

 

When i sent off the SAR letter a few days later after reciveing a reply from Cap1 i recived a further letter saying they have defaulted my account and passed it on to Debitas as if it was more like a "ha, how do you like them apples!".

 

I rang Debitas legal and explained what i am doing at the moment in regards to making a claim for all charges put on my account which then forced a default.

 

I explained the first time to the guy on the phone and he was fine as long as i kept them up to date with everything which i agreed i would do.

 

They then rang me while i was at work yesterday which i felt uncomfortable and harrasted at having to speak to them there and the guy on the phone (who also refused to give me his name) was very imature, untrained and sarcastic with any question i asked and any comment i made. He demanded i pay £200 there and then at which i said i didn't have my bank card with me and he said with a cocky voice he will call back every 30mins until i did. After arguing with him on the phone they said they would call me on tuesday to collect the money.

 

Im clueless what to do now as Cap1 have forced this upon me and im not feeling to happy about it.

[doyin22]

I'd send a harrassement letter and report them, thats what i've now now. I've put in a complaint to OFTEL and Information Commissioner.

 

Re: Harassment by telephone

 

Dear Sir,

 

 

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Section 40 of Administration of Justice Act 1970 and the Protection from Harassment Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I trust that I have made myself understood on this matter,

 

 

[pinkglitter]

i was in dispute with capital one over charges added after i made a payment protection claim, my account was £250 with all the charges and interest it went to over £700, i called them every day (didnt know about this site at the time) and i had a call on friday to say they were clearing the entire balance.

[musicmaestro]

I've been getting calls such as these, both at work and on my mobile in spite of me telling them verbally and in writing as above - 4-5 calls a day seems typical.

 

Mind you, because I administer the telephone systems at my employers, I have set the number to bounce straight out to one of Cap One's other 0800 numbers!

 

I'd love to see the faces of the call centre staff!:grin:

[gerryb2]

I've been getting calls such as these, both at work and on my mobile in spite of me telling them verbally and in writing as above - 4-5 calls a day seems typical.

 

Mind you, because I administer the telephone systems at my employers, I have set the number to bounce straight out to one of Cap One's other 0800 numbers!

 

I'd love to see the faces of the call centre staff!:grin:

 

Fell out of my chair laughing at that one. Good advice from previous posts ie you don't have to accept their calls - tell them only to commnicate in writing. Read other posts on this site - you will feel empowered.

[Paladine]

I too am having a problem with harassment from Capital One. The keep phoning me from India and Canada (in excess of 100 times in the last 3 months) despite the fact that I have told their complaints manager that I will NOT give my personal details over the telephone to any call center outside of the UK due to the privacy issues and the fact that said call centers are not governed by UK Data Protection laws. Their manager assured me I would receive no more calls yet still I am hounded on a daily basis.

 

I reported Capital One to the police on the grounds of a criminal breach of the Protection from Harassment Act and the Telecommunications Act but the police have refused to take action stating it is a civil matter, despite it being a criminal breach.

 

I told the Inspector who said they would not file charges that I wished to make a complaint about him to the IPCC for dereliction of duty and he refused to send anyone out to take a statement basically denying me the right to follow the normal procedures for making a complaint against the police.

 

So the next step is to approach to the IPCC directly, not sure how that will go, the other complaints I have ongoing against my local police had to be made directly through the police and then they forwarded them on to the IPCC.

[Bilgeman]

Don't know how it works but the numbers Debitas call me from come up as UK numbers. Would it be worth reporting these people to BT under the assumption that they would care that their services are being misused in this way, does anybody think? OK, maybe they don't use BT but it's a fair bet their lines are involved. Incidentally, I sent CrapOne a CCA request and they sent me a blank application form stating that my signature had been removed because they aren't required to provide it?????!!!! What?

[Bilgeman]

It's all gone a bit quiet from Debitas on the phone. I had a strange reply to my request for copy of the agreement. Cap One sent me a blank agreement and here's an extract from the accompanying letter:

 

'In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983' and 'Under Section 78 we are not required to provide a copy of the default notice and statement of default'

 

Now, whilst I can understand the latter surely the whole point of asking for a copy is to verify that I have actually entered into an agreement and if the details have been removed that isn't the case?

 

Also, I had a letter from Cap One some time later which I precume is in regard to my request for back statements:-

 

'I would like to be able to help you with your request but unfortunately the signature on the letter does not match the signature we hold on our system....'

 

This may be because I signed it slightly differently than normal to catch them out if they tried to copy it. It does suggest that they have a signature of mine and I assume they must have because I'm not denying I ever had a card account with them, I just want full details. Does anyone think this is a ploy to avoid sending me my breakdown or is it genuine?

 

A bit of a stalemate, I fear