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.

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  1. #1
    Basic Account Holder Mav75 Novitiate

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    Default TRITON CREDIT SERVICES - Help Please

    Hi Guys

    My Sisters was at Uni and ran up a credit card debt of about 4k, she made a payment plan to repay at 30pm to the card company but fell behind and the account got passed to Triton Credit Services. She now has a job and doesn't want to have her credit rating damanged. However, and this is what I don't understand when she contacted them to set up a payment plan on a standing order, they said they could only accept the following.

    1. repayment in full
    2. six monthly payments of 692.

    The poor girl is now freaking out as neither option is viable. She is worried about being taken to court (which is what they are threatning) as it would permenantly damage her credit rating at such a young age.

    Why won't they accept a payment plan? is it because she didn't keep up her payments?

    She has offered to repay at 50pm which is more than they would get in court so I don't understand their problem, If anyone can shed any light on this I'd be grateful as I don't have a clue but it appears really heavy handed????

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    Default Re: TRITON CREDIT SERVICES - Help Please

    It is standard, they will try and get as much as possible out of the debtor and will threaten legal action if the person does not agree. However, when they finally get it into their heads that they are not going to get this amount they will ask for an income and expenditure breakdown (which you do not have to give them), and will then try and agree a lower sum.

    The important thing is to tell them what she can afford to pay, and give them them the "take-it-or-leave-it" ultimatum. They know full well that they would not get the amount they have asked for if it went to court.

    Have a look through the DCAicon templateicon letters - and don't let them harass either. Correspond on your terms - and if they keep ringing, you can demand they stop.

    Alan, Derby, UK.



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    Default Re: TRITON CREDIT SERVICES - Help Please

    Also....has she checked whether any unlawful charges were added to the account?

    Alan, Derby, UK.



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    Basic Account Holder LondonPam Novitiate

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    Default Re: TRITON CREDIT SERVICES - Help Please

    Tell her to stop worrying. The best thing she can do is write to them and tell them how much she can reasonably afford to pay each month ie 50. Do not believe what they state. Point out that she was only paying 30 originally so they are getting an increase! It will probably already be marked as defaulted at the credit reference agencies so unfortunately it will already have an effect on her credit rating.

    Pam.

    If anything I've said helps you then please feel free to tip my scales!
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    Angry Re: TRITON CREDIT SERVICES - Help Please

    Okay guys,

    Thanks for all your help but this has now gone a step further and I've even had to get involved. Sarah called up and paid 50 by debit card to show willing and was advised by the operator she would recieve another letter in 7 days. The letter duely came and said she needed to call to make a reasonable repayment planicon. She did now offering 60 as she is scared stupid of going to court, they said the minimum they could accept was now 450. She explained that this was ludicrous and she was advised it wouuld have to go to the lefal dept then.

    Another week and another letter, advising of a notice of legal proceedings. She called them whilst I was present and they offered a new repayment planicon of 270pm again madness. My sister is now contemplating getting a high finance loan out with Black horse to pay them off. As they say they will now instruct their solicitors to write to her and advise her of a court date?????

    Why won't they accept a reasonable repayment plan? and as she is no longer recieving statements how can she check if they are adding charges.
    The way these companies work is dispicable, I tried to speak with them but they said they would only deal with the account holder.

    HOW DO YOU GET THEM TO SEE SENSE???????


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    Default Re: TRITON CREDIT SERVICES - Help Please

    You get her to take control of the situation. Let's assume for a moment that they took court action - if they did then the court would ask for an income and expenditure breakdown. Almost certainly the court would agree to set repayments at something far less than the 50 she was paying. Often it is as low as 5 per month.

    Whilst they know she is frightened they will keep putting more pressure onto her.

    If you want to get this resolved then look through the DCAicon/Bailiff forum. There is plenty of advice available. Also have a look at the National Debtline website.

    Unless she/you take control this will not end.

    Alan, Derby, UK.



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    Basic Account Holder Mav75 Novitiate

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    Default Re: TRITON CREDIT SERVICES - Help Please

    How do you do that?

    I have told her to say this is all I can afford but they keep turning her down and understandably she doesn't want a CCJ against her.

    Is it better to get her to write a letter to them and be proactive?


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    Default Re: TRITON CREDIT SERVICES - Help Please

    Have a look at the National Debtline website, they have a great deal of advice on how to handle these companies:

    National Debtline, for FREE confidential and INDEPENDENT ADVICE call 0808 808 4000

    Next time they ring she should also state that she no longer wishes to deal with this matter over the phone, and any further negotiations will only be carried out in writing.

    Should they continue to call they will be in breach of the Wireless Telegraphy Act 1949, and you can report them to Trading Standards for harassment.

    Again, I would advise a good read through the debt collectionicon and Bailiff forum.

    Alan, Derby, UK.



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    Basic Account Holder Isha Novitiate

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    Default Re: TRITON CREDIT SERVICES - Help Please

    I'm in a similar situation at the moment. Natwesticon passed on my credit card debt to triton and they called demanding a payment of 150 a month starting the end of january, i asked the guy i spoke to to set up a direct debiticon from my natwest current account to pay off my credit card (he didnt say that he couldnt do this). I told the guy then that i couldnt pay that but he said that there was no other option so i didnt argue.
    I didnt think any more of it until 2 days ago when i recieved a call from them saying that if i didnt pay them 300 by the end of the month they would be taking legal action. I tried to explain to the woman that the guy i spoke to had said he would sort out the direct debit, but she said that i was lying and they would never offer this service.
    I told them that there is no way that i can afford this but they said that there is nothing else that they could offer.
    Now i dont know what to do as i know of no-one that i could borrow the money off to make the repayment


  10. #10
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    Default Re: TRITON CREDIT SERVICES - Help Please

    get on the natioanl debtline website, have a go at filling in the personal budget sheet and work out what a realistic offer would be.

    if there are more creditors, the offers need to be worked out on a pro-rata basis, this is fair and equitable amongst all creditors.

    there are sample letters you can use to write to the creditors. they start just asking the creditors to accept the offers and go through to stating that you wish for the creditor to sue you (if negotiations don't go well!)


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    Basic Account Holder asadbmirza Novitiate

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    Default Re: TRITON CREDIT SERVICES - Help Please

    I am their recent victim and I will happily take them to court and screw them upside down because i have got a stack of letters from Natwesticon asking me to make my regular payments and then triton is chasing me as well..spoke to them today and this girl threatened me to take my TV away..lol


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    Default Re: TRITON CREDIT SERVICES - Help Please

    TRITON Credit Services are chasing me too for an RBSicon and Tesco Credit card debt. I am not paying a penny yet firstly because neither have supplied my credit agreement and secondly TRITON are a dormant company....so no accounting transactions!


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    Default Re: TRITON CREDIT SERVICES - Help Please

    Triton Credit Services Limited are in fact a dormant company, address in Holborn. However, ' Triton Credit Services' ( non Limited) trade out of Basildon P.O.Box 5827 Basildon SS14 1XS Tel No: 0207 680 9301. Interesting thing is that the Director of the Limited Co lives in Billericay Essex. Pure co-incidence of course although I have no reason to believe they might be connected.

    It would be interesting ( essential actually ) to request from your bank the EXACT name (Ltd, unlimited, Trading As etc)of the company they passed your account to.

    From my workings with Cabot, another entertaining organisation in a similar business to Triton, these DCAicon's have a habit of cloaking their companies in a shroud referring to names such as 'Cabot' which is made up of 16 different and totally separate Limited companies and your data is passed from pillar to post without you knowing it. So, please call your original bank or Credit card quoting your account details and just ask politely exactly who the debt was passed to by name and address, whether the debt is just being collected on their behalf or if the debt has been SOLD and exactly to who it was sold/assigned to. Then post back here and we'll deal with them accordingly as we are so aptly doing to Cabot..

    Thank you

    Sarah


    PS. Well, well, I just telephoned and asked if these 2 companies were one of the same and I was told not? Interesting, because I too have a copy of a letter from them to a debtor, saying they (Triton Credit Services) are acting FOR Triton Credit Services Limited. So, just as I initially thought, skulduggery afoot me smells...carry on asking the questions I quoted and post back.. I'm going to enjoy this one!

    Cabot and the Cabot Fan Club Threads:
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    Default Re: TRITON CREDIT SERVICES - Help Please

    On my letter i have in the top right hand corner Triton Credit Services.
    After the signatureicon i have 'For Triton Credit Services Limited'
    Interestingly.....at the very bottom it reads 'Triton Credit Services Ltd, PO Box 5827, Basildon, SS14 1XS and the registered office is in Holborn!


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    Default Re: TRITON CREDIT SERVICES - Help Please

    MAV75 ive just dealt with these sold the debt to judisica go to CCCS - they will set a debt budget plan


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    Default Re: TRITON CREDIT SERVICES - Help Please

    Who sold what to who?

    Cabot and the Cabot Fan Club Threads:
    http://www.consumeractiongroup.co.uk...101-cabot.html

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    Default Re: TRITON CREDIT SERVICES - Help Please

    Quote Originally Posted by yaffsimone1 View Post
    On my letter i have in the top right hand corner Triton Credit Services.
    After the signatureicon i have 'For Triton Credit Services Limited'
    Interestingly.....at the very bottom it reads 'Triton Credit Services Ltd, PO Box 5827, Basildon, SS14 1XS and the registered office is in Holborn!
    Have you sent a CCA Requesticon to these people? I just sent one for a friend and added that I wanted them to explain exactly who they were and who was chasing the debt, was it sold or were they just acting as agents. That way we might be able to get to the bottom of these people. They may be registered as dormant, but that's just up until the last filing date with Companies House. They may have just started trading since the last filed details at companies House, but if they've got accounts being chased prior to 1st January 2006 they are in trouble.

    Cabot and the Cabot Fan Club Threads:
    http://www.consumeractiongroup.co.uk...101-cabot.html

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    Basic Account Holder rodos Novitiate

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    Default Re: TRITON CREDIT SERVICES - Help Please

    Quote Originally Posted by andrew1 View Post
    Who sold what to who?

    i had had a credit card with Nat west cards triton took over it , i stopped paying as i went to cccs inthe meantime triton passed it onto intrum justitia , ive been paying my balance through a debt managment planicon .
    if you want to know more just ask about claiming


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    Default Re: TRITON CREDIT SERVICES - Help Please

    Quote Originally Posted by Mav75 View Post
    Okay guys,

    Thanks for all your help but this has now gone a step further and I've even had to get involved. Sarah called up and paid 50 by debit card to show willing and was advised by the operator she would recieve another letter in 7 days. The letter duely came and said she needed to call to make a reasonable repayment planicon. She did now offering 60 as she is scared stupid of going to court, they said the minimum they could accept was now 450. She explained that this was ludicrous and she was advised it wouuld have to go to the lefal dept then.

    Another week and another letter, advising of a notice of legal proceedings. She called them whilst I was present and they offered a new repayment planicon of 270pm again madness. My sister is now contemplating getting a high finance loan out with Black horse to pay them off. As they say they will now instruct their solicitors to write to her and advise her of a court date?????

    Why won't they accept a reasonable repayment plan? and as she is no longer recieving statements how can she check if they are adding charges.
    The way these companies work is dispicable, I tried to speak with them but they said they would only deal with the account holder.

    HOW DO YOU GET THEM TO SEE SENSE???????









    listen dont worry about going to court as it will cost them more to do that your best option is to pay via a debt plan like i have with CCCS -
    phone 0845 272 5400.


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    Default Re: TRITON CREDIT SERVICES - Help Please

    Quote Originally Posted by rodos View Post
    listen dont worry about going to court as it will cost them more to do that your best option is to pay via a debt plan like i have with CCCS -
    phone 0845 272 5400.
    Rodos, I would advise that if anyone is troubled they take advice from people like cccs - and you have done well to advise that. Alan from Derby has also given some excellent advice. Mav, you should continue with whatever you feel comfortable with. Times like this are hard to stomach for the toughest of us and with the support on here you will not be alone. My involvement on this thread and suggestions are taking things back to basics.

    For some time now I, and a number of others have been investigating the way in which DCA's work. Cabot in particular. They are a typical organisation which clouds the facts a little as to what they do and how they operate and it is in that vein that I post here.

    My suggestion is firstly make sure the people who are pressing you for payment are authorised to do so. Now, having just come across Triton for a neice of mine I put my Cabot hat on and started to look into them and came across this and another Triton thread.

    1) I imagine that the account became overdue and you attracted unlawful penalty charges which make up part of the amounts being asked for Yes or No?

    2) You have now been contacted by Triton demanding payments Y/ N ?

    3) Have you been sent any letters from Nat West informing you the account was passed / assigned / sold to Triton Y / N ?

    4)If I wrote to you asking for money on an account would you pay me Y / N ?

    5) Have you sent a Consumer Credit Act Request to Triton telling them that you do not acknowledge any debt to them ( Commonly referred to as a CCA request) Y / N?

    6) Have you calculated and claimed any Penalty charges back from Natwest Y / N?

    Now, Firstly, you need the CCA request letter to go out to Triton thus:

    Dear Sirs, Date

    CCA Request:

    I thank you for your recent correspondence regarding the above reference.

    Please be advised:

    I do not acknowledge ANY debt to your company.

    I require you to supply the following documentation before I will correspond further on this matter.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a 1 postal order in payment of the statutory fee, PO Serial Number xxxxxx

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists should this debt be sold or assigned to your company.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

    Will you please also confirm to which Company you are representing. Triton Credit Services Ltd or ‘Triton Credit Services’ as your correspondence is not clear.

    Yours Faithfully




    Once you post this, whether you have an arrangement in a debt management plan or not, you will establish one way or another whether these people have a right to collect anything from you - understand? They then have 12 working days + 2 extra for posting to provide you with a copy of the original agreement from Natwest ( not a copy of the application form) and a statement of account. If they fail to provide this in the 14 days they will then require a court order to enforce this debt, if a further 1 month lapses and they still haven't supplied it they have committed an CRIMINAL offence. - If they do supply the paperwork after that period they can still enforce the debt but they will still require a court order to enforce it.

    If they don't send it to you they won't have it to provide to the court, and if they don't have it for the court they can't sue or prosecute you.

    The next thing is the company issue - Limited or Unlimited - we need to know who is chasing this and whether they are duly authorised to do so. Our request in the above letter is for them to clarify who is dealing with this and I would like you to telephone Natwest and just ask them to tell you who is dealing with the debt now, specifically I want you to ask them if the debt has been ' sold' or just passed out for collection to an agent. If you are told it was sold please ask EXACTLY which company it was sold to and take their Full company name and address - not just TRITON get the full name. When you have found out come back and let us know on here.

    The next letter is to ensure they do not telephone and harrass you( if they are):

    Dear Sir/Madam

    Ref:

    Following a number of calls from your company relating to an alleged debt I now write to inform you that I require all communications in writing.

    Please do not telephone me again and remove any telephone numbers you hold for me from your systems.

    Your telephone callsicon are in breach of the Office of Fair Trading guidelines. If you continue to telephone me 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 callsicon are recorded.

    This type of debt collectionicon method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone callsicon not cease immediately a formal complaint, containing copies of all correspondence including yours, will be 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.

    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.

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



    Yours faithfully


    That should keep them quiet if they are troubling you. Any creditor chasing you should get that. Once the 1st letter has been sent (& don't forget the 1.00 postal Order to send with it) the next thing is to send a Subject Access Request to the Natwest if you haven't already done so. That'll cost you 10 and they have 40 days to send everything about your account they hold on file to you. Letter is in the templates libraryicon.

    Most of all, please do not let debt worry you. Debt Collection Agents make a living from scaring people, just like you and me into paying monies when they often have no right to ask - you might know you had a debt, but these people have to abide by rules laid out by Parliament and governing bodies and they don't abide by them at all. This forum you are new to, but it is a family. Get your answers and keep posting.

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