RBS Mint Mrs P V MINT

[phatram]

Should I put that I am paying a reasonable amount? Should interest be stopped and should they provide a statement of account?

[car2403]

This is different to your Mint thread, though, isn't it? You should start another thread for this one, if it is, or it's going to get seriously confusing have 2 issues on one thread.

[phatram]

Same Mint account Mint and Triton are RBS. Triton say they are collecting on behalf of Mint.

[car2403]

It really depends what you want to happen, here. if they are continuing to push to increase payments, you may be better off going to Court and getting a Consent Order in place to define what that is and what is reasonable - all with the Court looking over their shoulder. As it stands, they are asking you to increase payments, you are, so they will continue asking.

 

On the other hand, you can continue paying what you have been paying - they won't refuse payments - but they probably won't accept your proposals.

 

It's a stalemate until someone does something about it all, in either way.

 

I haven't read the whole thread, but I assume this is an enforceable debt? if not, you might want to focus on challenging enforceability, rather than battling them to keep payments at a reasonable level. Your call.

[phatram]

This has just arrived.

[phatram]

It really depends what you want to happen, here. if they are continuing to push to increase payments, you may be better off going to Court and getting a Consent Order in place to define what that is and what is reasonable - all with the Court looking over their shoulder. As it stands, they are asking you to increase payments, you are, so they will continue asking.

 

On the other hand, you can continue paying what you have been paying - they won't refuse payments - but they probably won't accept your proposals.

 

It's a stalemate until someone does something about it all, in either way.

 

I haven't read the whole thread, but I assume this is an enforceable debt? if not, you might want to focus on challenging enforceability, rather than battling them to keep payments at a reasonable level. Your call.

 

How do I get a consent order? Are they breaking any rules by not supplying a statement of account?

[car2403]

This is clearly a potential case of harassment, IMHO, phatram - you've told them what you can afford, they clearly don't believe you, and are willing to pursue you until you agree to their terms. This could be in breach of OFT Debt Collection Guidance, is probably something you should make a formal complaint about and progress it to the Financial Ombudsman.

 

Did you say you'd sent the harassment letter?

 

You can only get a Consent Order via the Court, which would mean them taking you to Court in the first place.

[phatram]

Reported to FOS.

Should I to write to them telling them this and that I do not agree to the £130 a month? And what should I put in the letter?

Mrs P

Edited August 3, 2009 by phatram

[phatram]

Reported to FOS.

Should I to write to them telling them this and that I do not agree to the £130 a month? And what should I put in the letter?

Mrs P

bump

[phatram]

bump

bump

[phatram]

Reported to FOS.

Should I to write to them telling them this and that I do not agree to the £130 a month? And what should I put in the letter?

Mrs P

bump

[davefirewalker]

It is my belief that you should only offer what you can reasonably afford.

 

If they dont like it they have two options,

1 carry on moaning and asking for more (and not getting it).

2 take you to court...

 

A judge would not allow them to take more than you could afford....(whats the point)

 

I had a car debt from ages ago.....ended up paying them £3 per week or £12 monthly.......it took about 4-5 years to clear it. they moaned like hell, and kept asking for more....I told them to take me to court and see what the judge orders.....they didnt bother

 

be firm and if necessary send them an income expenditure breakdown.......although I am sure you have already done this

 

dont offer more that you can comfortably afford or you WILL end up in trouble if you cant pay it

 

rgds

 

Dave

[phatram]

This has just arrived.

This has just arrived !!!

 

[phatram]

The recent correspondence they speak of must be the FOS. So they are being R C 'cos Mrs P reported them.

[purplebutterfly]

Hi, sounds like you are having a VERY big problem with them like i have had earlier this year. Firstly, they cannot demand that a full payment to be made within the next 7days - that's ridiculous and im sure unlawful - they are bullying you and trying to scare you into paying - DON'T.

What i would do is write them a letter stating that you can only afford XX per month and that you will pay by standing order to your account and you'd like that info as soon as possible. I would send the letter to them registered (79p extra it costs) but then you know they have signed for it and keep all letters and receipts. Also state that you only wish contact to be made by letter and no phone calls or doorstop calls either. Screen all your phone calls and DO NOT give info out over the phone. If they phone and catch you offguard DON'T go through all the security checks - just explain that you would like them to write to you only and hang up. Write down when they phone etc. I don't answer any phone calls that are unregistered, unknown or any number i don't recognise as i bought a new phone. They can harass you something rotten and make you upset and angry etc - don't let them. Chin up and only pay what you can afford. I am absolutely sick to death of Triton and wish someone would shut them down as they are breaking laws it's unreal. They are unprofessional bullies who think they can say that they can't accept that offer it's too low and they can only accept this offer - rubbish, if they don't like it they can take you to court and the judge will rule in your favour because you are offfering them X amount per month. they will then have more fees to pay for themselves with taking to court anyway, which they havent with me so far and i dont answer any calls and just keep my standing order going with them. My situation is joint with ex-hubby and they don't get any payments off him though but dont chase him as they think they can bully me as i have the 2 children to think about!! Get strong and put them in their place - you will feel much better. Good luck.x

[freethemice]

Did I read this thread correctly that this is now defaulted and terminated?

If so please scan the default and termination notices as this is another avenue for defence if this does go to court?

You do also need to be clear in what help you are seeking. Sounds like you just after a quiet life in which case I would contact the cccs and let them handle all your payments. Creditors respond better to them and have agreements in place to suspend or reduce interest. This also creates a barrier between you and the debt collectors. Any further letters you just reply ' please refer your comments to cccs ref account number XXXXXX as they are acting as my agent in this matter."

Trouble with this forum is there does seem to be an assumption that everyone wants and is capable of defending or submitting a claim at the courts and most simply aren't.

Good luck.

[phatram]

I'm sending this,

Thank you for your letter dated 22 July 2009. I do not accept your proposal of me paying you £130 a month as I find this to be unreasonable and unaffordable . I will pay you a minimum of £50 a month until further notice.

Any more harassment from yourselves will be reported to the relevant authorities. I repeat ,ALL correspondence from you MUST be in writing.

Please find enclosed my monthly cheque for £50.00,

I trust this is to your satisfaction,

Yours faithfully,

[The GodMother]

nice one P.

 

Sorry have only just come across this thread so i have not been posting b4.

 

Stand ur ground and if they dont like the fact ur paying just 350.00 tell them to take u to court and then let a judge decide when they see ur income and expendature . A judge will more than likely see they are being unreasonable when they notice u have been paying the money and them just demanding increassed payments.

[phatram]

[car2403]

That's the ultimate slap in the face, isn't it? Have you indicated that your situation will change in 6 months?

[phatram]

No. The FOS have been in touch with Triton though,then this letter arrived.

[car2403]

I'd let the FOS know

[phatram]

Done that, thanks

[phatram]

[underdog13]

Hi Phatram - if you can't afford higher repayments (and which of us can?!), tell them so and refuse any increase they demand:) They'll spit their dummies out; just remind them that the OFT takes a dim view of debtors being pressurised to pay more than they can afford and it may be relevant to their licence fitness:D