Hi. As the title suggests, I have a letter from triton regarding a combined debt

from an overdraft and a loan I had with RBS.

This is my largest debt which I obviously cannot pay.

I'm not sure what to do with this because a cca request doesn't seem appropriate.

Thanks for reading. Paul.

Did you agree for and sign the new Agreement combining these debts? If not, then you can indeed still send a CCA request as this will cover the loan, however, if you want to you could also send the 'prove it' letter, because you do not recognise this 'new' account. It is their mistake and it is one of the opinions on here that means they have terminated both debts, leaving neither one legally enforceable as there is no Agreement.

Thanks HS, I'm thinking about sending the 'prove it' letter and see how it goes. I think they will be able to prove it quite easily though. If/when they do prove it, is it still ok for me to request the cca?

edit-No I didn't sign anything for these two debts to be combined.

Hi. No cca arrived so I sent the dispute letter. Now moorcroft have sent me a letter. 'It is a legal requirement to send a notice of intended litigation before legal proceedings are issued. We believe that this letter fulfils this requirement even if it is not actually read by you'. It then goes on to say what terrible things will happen if I don't pay up. I think maybe triton have passed this on asap before I put the account into dispute.

Hi. No cca arrived so I sent the dispute letter. Now moorcroft have sent me a letter. 'It is a legal requirement to send a notice of intended litigation before legal proceedings are issued. W believe that this letter fulfils this requirement even if it is not actually read by you'. It then goes on to say what terrible things will happen if I don't pay up. I think maybe triton have passed this on asap before I put the account into dispute.

Hi paul

Maybe the letters have crossed but that's not really your problem, throw the bemused letter at Moorcroft and let the stew

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

Good luck

R

Hi. No cca arrived so I sent the dispute letter. Now moorcroft have sent me a letter. 'It is a legal requirement to send a notice of intended litigation before legal proceedings are issued. We believe that this letter fulfils this requirement even if it is not actually read by you'. It then goes on to say what terrible things will happen if I don't pay up. I think maybe triton have passed this on asap before I put the account into dispute.

Well, that’s rubbish. It’s not a legal requirement to send an LBA – but you would not please a judge if you failed to do so.

Just proves that you are dealing with an alien life form. Or a village idiots’ convention.

Thanks. The letter will be on it's way today. Does it matter if it's a legal requirement since they don't care if I have read it or not? 'We believe that this letter fulfils this requirement even if it is not actually read by you'. That is the most stupid thing I've read from a dca yet.

I don't think there is any point in sending the bemused letter now. I received my cca from rbs this morning and it is valid. Everything is correct and signed. Should I offer moorcroft a monthly payment? They already included their details with their letter so I can set up a standing order.

Hi. Moorcroft must be certain of getting their money because they appear to have splashed out on some new stationary. I got a lovely letter from them today in a beautiful yellow envelope. They are using a new font too! Unfortunatly it's the same old threats. If I don't contact them by the 19th they will assume I am avoiding the debt and may recommend to RBS to start legal action. They have sent a valid cca so can anyone help me put a letter together to offer them £10 a month? I reckon 10 quid was about the amount that was coming off the credit card after the charges were applied. Thanks.

I forgot to add, Is it possible to claim back charges in a case like this. Many thanks. Paul

Well, that’s rubbish. It’s not a legal requirement to send an LBA – but you would not please a judge if you failed to do so.

 

Just proves that you are dealing with an alien life form. Or a village idiots’ convention.

Please do not impugn honest village idiots by likening them to Moorcrap.

I forgot to add, Is it possible to claim back charges in a case like this. Many thanks. Paul

yes + int at THEIR rate##

go get 'em

dx

Hi, I've heard nothing for a few weeks until today. Wescot are now on the scene demanding the full amount. Should I send the 'prove it' letter to them?

I wrote to moorcr@p offering £10 per month. Todays post (drum roll) ... 'As we have not received any communication from you with regards to your account, we feel that you may not be in a position to meet our requests to clear the amount in full...) etc. They go on to say they are willing to accept £120 per month and they will save me the wrath of the gods, and rbs solicitors. The letter was sent in that lovely 'lemon' yellow envolope again. I'm just going to go ahead and set up the standing order for £10 and see what happens.

Personally, I would wait for a couple more letters and then send the 'prove it'.

Is the alleged debt still 'combined' because I believe, if so, you are 'home and dry'. Might be wrong on that, hopefully others will advise.

Yes the amount wescot are asking for is the total amount for the loan and overdraft. I'll wait a little while. Thanks.

Wescot sent me a final notice today so I think I'll send the prove it letter now. Is this the correct one? also, should this be sent recorded? http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

Yes and yes on the grounds I send everything recorded

lol thanks Rayne

Well, I went ahead and set up a standing order for just £5 per month and they wrote to me today saying that they are willing to accept £5 per month for the next 550 months. I'll be in a care home by then! Oh well, you cant put brains where there never was any! I'm considering this debt as dealt with so thank you to all who gave advice.

WEll done!

Now would be a good time to send a Subject Access Request to the original company and start calculating the charges + interest. With any luck they may end up owing YOU £5 a month for 550 months...

Elsa x

Thanks Elsa, I was thinking the same thing. This will be my first sar request so it will be interesting to say the least. I really wouldn't like to guess how much I'll be able to claim back. Is the interest I can claim just the amount that has built up on the charges or the total interest?

It's the charges and the interest on the charges (but not normal interest added to the correct balance).

Any missold PPI on any of your accounts?

Thank you. I don't think there will be a huge amount to claim back then. Also, there was no ppi on this account. But what little I can claim back would offset the balance, so it would also knock a considerable amount of time off the 550 months!

There's more about the process here, with an interest calculator:

http://www.moneysavingexpert.com/reclaim/credit-card-charges#step1

Thats excellent Elsa, thanks for the link. I'll get the sar sent of asap but it could be a couple of weeks-I am quite skint! I'll update when I get a reply. Thanks again.