Debitas hassling me - PLEASE HELP

Jelvis1978

Hello

I need some advice, i got into difficulty with my Capital One card and have had some default notices added (due to me being unwell and unable to work) and my debt has been passed to Debitas. I recieved a letter from them asking me to pay the full amount which i am unable to do and i told the guy this and explained why i had got into difficulty in the first place. He seemed understanding and said that he would send me a income and expenditure form and that i could pay about £20.00 per month to clear the debt. He also said that due to the circumstances he maybe able to get the defaults lifted. He said the form would be with me in 5-7 days, within this time i recieved another letter from another Debt Collection Agency saying the debt had been passed to them by Debitas as i failed to make payments!!!! I called up Debitas and told them about the letter and they said to ignore it and the form was on its way so that i can start making payments. No form has arrived still - its been 2 weeks and i have has approximatly 8 phone calls per day on my mobile, god knows how many at home (i am now back to work) and i get at least 4 in the evening from 5.00 until 9.00pm! i have answered these calls but no one answers. I did call back the 0800 number that called my mobile and the person who answered was obviously in the middle of a conversation with his colleague as he answered laughing and told me to hang on! I said that i wanted to speak to someone else and he said no so i hung up!

I have now got a letter from Debitas telling me that they are planning to take immediate action against me as i have FAILED to keep to my plan (what plan!!) it also states that they will pass to an external debt collection agency and that i have one last opportunity to repay the debt and to call them with my OFFER???

The ending statement on the letter is 'THIS IS YOUR FINAL OPPORTUNITY. FILURE TO TAKE ACTION MAY HAVE SERIOUS CONSEQUENCES'

Too be honest i am scared and frightened and feel toatlly harrassed by them, i have complied with them and its not my fault they have not with me and now they are threatening me.

The letter arrived yesterday and was dated the 15th.

I need advice as to what to do before i call them

Please help

GeorgeUK

Do as they say - take action!!

Is the capital One card a Credit card? If so, request a copy of the credit agreement. We can provide templates for this.

Do not phone them. We can give you a letter to send that should stop the calls.

Don't panic - there is a solution. We just need to make them see that your solution is going to be on your terms.

Jelvis1978

Hello

I am getting so stressed with all the calls and they are calling my mobile /home number etc.. up until 9.00am at night, even on a saturday and Sunday.

I am just concerned that if i dont speak to them and state that THEY have not done as they said that they will continue to hassle me and take me to court or even send someone to my home address.

I do not know how they have got my home number as Capital One NEVER had it????

Its is regarding a Capital One Credit Card

Jess

GeorgeUK

Sorry for the delay there - work got in the way

What i would suggest is to request a copy of the credit agreement, statement of account and notice of assignment. They are required by law to produce a copy of the CCA within 12 working days or the debt falls into dispute and is not enforcable outside of court.

Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486

To get them to stop hastling you over the phone, if they call, interrupt them and say all communication is to be in writing and hang up. Here's the letter to stop the calls (may take a bit of time to get the message through to them)
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5

If someone comes to your door (doesn't happen very often, but it does happen), the people have exactly the same rights as the paperboy. They can't enter your house without permission and if they feil to leave your premises after you ask them to, they are trespassing. You don't need to talk to them, you don't need to let them in your house and you don't need to do anything they say. If they refuse to leave, call the police - and let them know they have been called.

stapeley

Good advice as usual . Send off the letters , in meantime keep a record of all calls . Stick to a script ,set out your reply to them , they will get the message . good luck

jdumont

To give you some advise and interesting adresses:

To send complaints about Debitas please use abuse@capitalone.com

0800 138 1111 for customer consumer credit services http://www.cccs.co.uk/

Executive Office
Capital One
PO Box 5281
Nottingham
NG2 3HX

Another very interesting address:

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

Some advice can be found here as well:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

Don't let Debitas intimidate you !

Jerry