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Triton Credit Services – Advice Needed


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Back in early 2005, my wife was very unwell and she signed an authority allowing me to deal with all her financial affairs on her behalf.

In July of 2005 I opened a letter, addressed to her, from Triton Credit Services stating that they were going to take her to court unless she settled the outstanding balance of £1874.32 and I phoned them and arranged to pay off the balance from my own account.

I did this by 5 monthly payments of £312 and a final monthly payment, on 29/12/2005 of £314.32. The first five were made by Switch and I never got a single receipt so I paid the final one by cheque and requested a letter stating the debt had been cleared which, again, I didn’t get.

Now my wife is, thankfully, almost fully recovered and she says she has no knowledge of this supposed debt. I suppose I was a bit stupid in paying it off without confirming the debt but as my wife nearly died I had other things on my mind.

Anyway – she wrote to Triton (well I wrote – she signed) asking for the original Credit Agreement to prove the existence of the debt and they couldn’t supply it.

My question is – as they can’t prove the existence of the debt can I get back the money I paid them. If they told me the debt existed and they can’t prove it have they obtained money from me by deception, which would be a criminal offence?

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Have they given you any indication of what the debt was for?

 

Even after payment, if a debt is in dispute, they should provide you with those details.

 

Ask who the original creditor was and the account number and send a SAR to find out what exactly is going on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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xrm,

Triton is the in-house collections department of the Royal Bank of Scotland plc [RBS] whose credit card department trade as MINT. In addition, triton also handle debts from Nat West (now that its part of RBS) as well joint venture such as the Tesco Credit Card. Your wife may have had an account with one of these outfits.

As regards getting the money back, you will have to show that you paid Triton the cash in the first place. You own bank statements should show these payments as well as the paid cheque. If you don't have your own bank statements now, you should send a SAR to your own bank with £10. They will then have to supply copy statements for the last 6 years.

Incidentally, Triton claims to be a dormant company in its returns to the Registrar of Companies. That means it should not receive payments to its own account. It may be able to receive payments made out to another party eg MINT, in which case you will have to chase that party. Otherwise, triton if it accepting payments on its own account is in breach of the Companies Act as well. But as you will no doubt discover, triton and their like consider the law doesn't apply to them!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Anyway – she wrote to Triton (well I wrote – she signed) asking for the original Credit Agreement to prove the existence of the debt and they couldn’t supply it.

 

If no amount is owing then they don't have to supply a copy of the credit agreement. Presumably you know when payments were made so you shouldn't need to send your own bank a SAR, they should be able to supply this information on request. As Docman says the "creditor" that Triton were representing will be RBS in one form or another, so you need to send them a SAR.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 year later...

I was scammed on gumtree with travellers cheques via an Internet job, the Nat west took these off me , I after a number of transactions I was informed that the T.C. were forgeries , the bank took them off me in good faith and I was paid sterling for them , the bank now expects me to pay the full amount back to them, despite the fact that they didn't recognise forgeries either, how am I expected to know the difference if experienced bank cashiers accepted them. The Nat west fraud squad have washed their hands of the matter, I have asked for the matter to be placed "In dispute " during the police investigation but one dept tells me to contact another dept and my local branch has said they can do no more and have refused to see me again. I have received one letter so far from Triton and dread arriving home from work in case a Triton debt Col. is waiting for me, I would feel such shame if they attempted to take my car. Has anyone else experienced this treatment, if I had spent the money and accrued the debt myself , I wouldn't object ,but I am a victim in this situation, my only mistake was naivety and being too trusting, .

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Hi Sleepy Southpaw,

First of all don't worry about Triton taking your car. They don't have the power to do that, or to enter your property or take anything whatsover. Only a bailliff can do that, and then ONLY after a County Court Judgement has been issued AND the judgement payment terms not kept up to date. If Triton ever turn up at your door tell them to leave and that you will only discuss it in writing. DO NOT discuss it on the phone with them either. Just state IN WRITING ONLY and refuse to answer any security questions.

If they write threatening to call, or keep phoning post it on here and they'll point you to a letter template to deal with it.

Your case is quite complex and I'm new on here myself and cannot comment further but I'm sure one of the experts will be along help you shortly.

However-you do need to start your own thread for this. Just go back to the main Debt Collecting Industry page and click "new thread"

Best of luck with your problem

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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