Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Unhappy Mint/triton/green & Co

    Hi just wondering if anyone can help. I had a debt of £650 with Mint. They passed it on to Triton who insisted I had to pay £80 a month. I am a full-time postgraduate student. I managed to reduce the debt to £219 through various part time work but now have no job and exams shortly. I anticipate I may be able to pay the debt in a couple of months when I am working full time but have run out of options now. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone. I have now received a letter 30/1/08 from "Green & Co" stating unless I pay the debt they will commence court proceedings in 7 days.

    In addition to this I had a friend begin a claim for unlawful charges on the Mint Card in November. I received an offer of £95 pounds from Mint despite the debt now 'being in Triton's hands' but passed the matter onto a friend who has prepared the complaint to go to the FSO. The total amount of charges is in the region of £300. I am wondering how to progress now with the matter, can anybody help?

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  2. #2
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    Default Re: Mint/triton/green & Co

    Quote Originally Posted by rebeccalmuir View Post
    Hi just wondering if anyone can help. I had a debt of £650 with Mint. They passed it on to Triton who insisted I had to pay £80 a month. I am a full-time postgraduate student. I managed to reduce the debt to £219 through various part time work but now have no job and exams shortly. I anticipate I may be able to pay the debt in a couple of months when I am working full time but have run out of options now. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone. I have now received a letter 30/1/08 from "Green & Co" stating unless I pay the debt they will commence court proceedings in 7 days.

    In addition to this I had a friend begin a claim for unlawful charges on the Mint Card in November. I received an offer of £95 pounds from Mint despite the debt now 'being in Triton's hands' but passed the matter onto a friend who has prepared the complaint to go to the FSO. The total amount of charges is in the region of £300. I am wondering how to progress now with the matter, can anybody help?
    Hi don't ring them at all they will just try to browbeat you into making a payment. Send them a letter stating the amount of the debt is in dispute due to charges and any interesticon that has been applied to those charges. These letters are normally we MAY commence proceedings etc, advise them that if they do issue proceedings you will be making a counter claim for charges etc. Then wait and see.

    all the best dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  3. #3
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    Default Re: Mint/triton/green & Co

    Quote Originally Posted by rebeccalmuir View Post
    They passed it on to Triton who insisted I had to pay £80 a month. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone.
    They have no right to insist anything.
    I would have insisted that they make do with £1 per month in a like it or lump it sort of way.
    As for them refusing your request to pay less - next time you speak to them, say you are refusing to pay anything to them & let them take their "actions" against you etc...
    A court would soon put these cheeky muppets in their place


  4. #4
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    Default Re: Mint/triton/green & Co

    Don't speak to any DCAicon on the phone; write and tell them you will only deal with the matter in writing. They will invariably try to exploit telephone callsicon, and insisting that they always write will give you time to think and act.

    Pressurising a debtor into further borrowing is contrary to the OFT Guidance; you can report them to Trading Standards for this.


  5. #5
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    Default Re: Mint/triton/green & Co

    Triton are just another department of the bank, RBSicon, just like Mint. And if you look carefully at the letter from 'Green & Co', you will see they are just the in-house lawyers at RBS. All cosy in the same family.

    I suggest that you send them a CCA request with £1 postal order. See the template letter. If you sretch it, also send a SARicon with £10 to gain all you stateemnts over the last 6 yeasr to see if there are any unlawful charges that you can claim back.


  6. #6
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    Default Re: Mint/triton/green & Co

    Ok will send a CCA letter? Just a quick question though have I not already acknowledged a debt with them by already making some payments?


  7. #7
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    Default Re: Mint/triton/green & Co

    Quote Originally Posted by rebeccalmuir View Post
    Ok will send a CCA letter? Just a quick question though have I not already acknowledged a debt with them by already making some payments?
    Hi Just put a large heading "THIS ACCOUNT IN DISPUTE" Then when they comply with your CCA 1974 abd S.A.R - (Subject access requesticon) requests you can check

    1) is the "agreement" supplied enforceable
    2) Calculate the charges and any interesticon applied to those charges, If that would not clear the balance and the agreement is valid then I would start paying them and reclaim charges etc to reduce your balance.
    If on the other hand the agreement is unenforceable by the creditor it is still enforceable by you. This is my position with MBNAicon and I am at court with them to declare agreement unenforceable and refund charges, interest etc.

    all the best dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  8. #8
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    Default Re: Mint/triton/green & Co

    Hi ok I sent the CCA as suggested by registered post on 6th Feb, Triton then sent me a letter saying they would pass it on to mint. I've heard nothing since but then today I receive a letter from Newman Debt Agency saying they want a cheque for £220. I don't really know what to do next can anyone help?


  9. #9
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    Default Re: Mint/triton/green & Co

    I suggest this excellent letter to Newmans along the following drafted by Curlyben (suitably amended)

    ACCOUNT IN DISPUTE
    Dear Sir or Madam,
    Account number: XXXX XXXX XXXX XXXX

    I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCAicon** and has been since DATE 2007.
    Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

    My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
    resolved on **DATE**, this obviously hasn’t happened.
    As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access requesticon and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

    As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

    Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

    If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsmanicon Service and possible court action.

    After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

    I hope that this will not be necessary and an acceptable solution can be accomplished.

    I would appreciate your due diligence in this matter.
    I look forward to hearing from you in writing.

    Yours faithfully




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE