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FinancialNinja Vs Triton/RBos


FinancialNinja
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Firstly, This is my first post so please bear with me.

About 18 months ago I left my then wife and moved out of the then marital home, then following lengthy legal proceedings (Divorce) I remortgaged said house and moved back in only to find that I had debts that I didn't know about and worse still they hadn't been paid and even worse still THEY WERE IN MY NAME!!

 

Having spoken to everyone and agreed to pay I found that I couldn't manage making all the repayments and fell behind. I then had a good month at work and upon reciept of my commission I paid RBos £1100 towards the debt that I had with them:(

 

The day after they cashed the cheque I recieved a letter from Triton telling me that I had 7 days to pay the full balance or they would start legals. I called both them and RBoS explained that I had paid and there must be a mistake, however they insisted that no mistake had been made and I felt terrible, so I adopted the bury your head in the sand approach and ignored them both.

 

Several months later I recieved another letter explaining that they would be sending someone to my house etc etc and at that point I panicked and googled Triton. The search directed me to this site and a post by Alan From Derby who had posted the CCA letter to another user having problems with Triton.

 

I sent off the CCA letter recorded 13 days ago with my £1 PO and eagerly awaited the response, first a letter from Triton informing me that they had sent the file back to RBoS and then nothing!!! Yesterday I recieved a letter explaining that they "did not have sufficiant information to satisfy my request" and that "they were treating my outstanding balance as discharged and the credit agreement as ended"

 

I would like to thank EVERYONE who has contributed to this site and enabled me to solve just one of many problems, I had claimed bank charges back previously via the Martin Lewis WS but I didn't even think this was possible!!

 

Questions:

 

Can I ask RBoS to remove the default on my credit rating?

 

Can they ever come back and chase the money?

 

Can I do anything to help CAG?

 

Once again thanks to all!!

 

Andy:D

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Hi FinancialNinja and welcome to CAG. Well done on sorting out your problem with RBS.

 

Can I ask RBoS to remove the default on my credit rating?

 

Default removal can be difficult, it's not impossible though. Did you receive a default notice?

 

only to find that I had debts that I didn't know about and worse still they hadn't been paid and even worse still THEY WERE IN MY NAME!!

 

Is this a case of your ex took them out and you don't want to get her in trouble by telling the credit card companies this?

 

Can they ever come back and chase the money?

 

It's highly unlikely that they would, but just keep the letter safe in case.

 

Can I do anything to help CAG?

 

Certainly, we are a free site but we do have running costs. If you would like to make a donation to the site you can do this through Paypal by clicking the please donate button, under the ads for books at the top of the page. Alternatively we have an address that donations can be sent to.

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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Hi Rory,

 

Default removal can be difficult, it's not impossible though. Did you receive a default notice?

 

I don't recall recieving a default notice.

 

Is this a case of your ex took them out and you don't want to get her in trouble by telling the credit card companies this?

 

It's a little more complicated than that, but in all honesty yes, we have two children together that I see lots of and I am sure that a fraud case etc would not be good for their formative years. Also i obtained a court order for financial matters when the divorce was going through and within contains that I would pay all marital debt. So I just decided to take it on the chin and deal with it.

 

Certainly, we are a free site but we do have running costs. If you would like to make a donation to the site you can do this through Paypal by clicking the please donate button, under the ads for books at the top of the page. Alternatively we have an address that donations can be sent to.

 

Donation on it's way!!

 

Thanks

 

Andy

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I don't recall recieving a default notice.

Okay, you can then go down the route of you never received one. They would have to prove that they sent one (it's a legal requirement to send a default notice to set out how the breach can be resolved before defaulting you).

 

Donation on it's way!!

 

Very much appreciated. Thank you :)

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 month later...

All has been quiet on this one for a while, however I have been trying to get the default removed as I have no recolection of them ever sending me a default notice.

 

I sent my letter asking that they remove the default and they replied with a good old GET LOST!!

 

I then sent another letter as they were stating in their reply that "I agreed when I signed the CCA that they could process my data" My argument is that as they couldn't find the CCA then surely thay can not quote the terms within!!

 

I recieved their second reply in which they advise me that I can approach the ICO and they might help etc etc.

 

Having got absolutely nowhere with the ICO I rang the FSO yesterday and spoke to a very helpful guy who listened to my problems and agreed that they are not playing fair. So they are sending a letter and we will see how they handle this one!!

 

I'll keep you posted

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