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Natwest/rbs/triton mint creditcard debt

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Wescot are just trying to pass the buck and avoid the request. They are the ones demanding money then they should have an agreement. Wescot are wimps and i have seen them off a long time back.

 

http://i157.photobucket.com/albums/t42/davey77_2007/Halifax.jpg


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

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Thanks for replies folks!

 

Yeah the crack is NatWest (RBS) had Triton and Greenwood solicitors onto me, started 3 years ago, their in house ones i believe.

 

So i CCA'd Natwest and sent them a letter or two in the process at which point Natwest provided a unreadable set of terms separate to a bad copy of a application form.

 

I sent request recorded and have a copy of this letter and receipt of sending.

 

They then passed it onto Wescot which sent a nasty letter which was very colourful with writing allover it.

 

So i sent them a letter off here which said it would be vexaious to pursue etc, and informed them the account is in dispute as i CCA'd Natwest and they failed to comply by sending a copy of the application form.

 

So then they sent this recent letter asking me to CCA RBS, so i should just ignore this letter or should i write and tell them it is in dispute and i have already CCA'd them?

 

Or as Davey says if they are wimps just ignore and keep my evidence?

 

Can't see me CCA RBS will make any difference?

 

Looks like they don't have the paperwork?

 

Thanks in advance.

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I would ignore for now, see what they do next


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Well they are finally closing in on this debt.

 

Got a phone call today from Owen Mitchell solicitors and a letter is on the way, they are threatening CCJ and charging order, can you do both and can you get a charging order against a property when you have other debts which are larger?

 

Anyway i spoke to the girl there and she said i have 7 days to get back to them with a income and expenditure to make them an offer to clear the debt.

 

They said they would be open to this but if i don't comply within 7 days there will be a summons for North hamptonshire courts.

 

Have to see what happens, suppose if it goes to court i'll get my chance to make an offer, but could do with not getting a CCJ.

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Right got a letter from Irwin Mitchell solicitors, but i phoned them and agreed a repayment plan, the have passed this onto Natwest and they have agreed to accept, freeze interest, and not CCJ me providing i pay on time.

 

So not to bad in the end as they were threatening court action.

 

Must say Irwin Mitchell were brill to deal with, very understanding and helpfull.

 

Sometimes it helps to talk to them if they are reasonable.

 

Thanks for all the help with this one.

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Any update on this?


Check out the threads below for updates on the DCA's that I am dealing with.

 

GE Money/CL Finance/Howard Cohen & Co - AND - Aktiv Kapital/Appleton Massey Solicitors - IN COURT

Cabot x 2 for Vanquis & Hitatchi - DEFAULTED ON CCA REQUEST

Lowell for Capital One - CANCELLED DEBT!! Trying to get Default removed now

Moorcroft x 2 for Halifax Loan & Bank Account - RETURNED TO HALIFAX

Wescot for Halifax Bank Account - RETURNED TO HALIFAX

Cap Quest for Argos Card - RETURNED TO ARGOS

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Well i've done as suggested and left it to see what Wescot say next, they told me to CCA again but i already have previously.

 

So i'll wait till they contact me and i'll tell them i CCA'd and must of got lost in the post like things do.

 

But not heard a bean.

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Your situation and mine are similar - Nat West just seem to ignore any "account in dispute" letters and pass your account to anyone they like.

 

I have also had Triton on to me - they disappeared in a flash when I sent them an account in dispute and they closed their file.

 

Westcot then got involved sent them an account in dispute letter - Nat West only sent me terms and conditions.

 

Westcot put the account hold.

 

Got another letter 2 weeks later saying our client says they have complied blah blah.

 

Sent another letter back saying "yet again account in dispute".

 

Now Westcot who by the way like you told me to CCA Nat West:mad:

 

They don't seem to have a clue. Told Nat West if they pass the debt on to another DCA I will issue court proceedings.

 

We shall wait and see.

 

Don't give up though keep fighting.

 

HH

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Yeah your right, i'll send them the nasty i sent Triton and Green solicitors.

 

See what response i get from that?

 

Mind last time Triton had hold of it it was 18 months before they got back!

 

Natwest seem to just ignore like you say, i'll be interested to see what reply you get from that as the ball really will be in their court, either close it or risk court action.

 

Cheers, all support is confidence inspiring.

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Mind last time Triton had hold of it it was 18 months before they got back!

 

They can take as long as they like - 6 years preferably;)

 

Will report back if I hear anything.

 

HH

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subbing for reference.

best wishes

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

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Hi all,

 

Just a update, i sent a letter about 3 weeks back recorded asking Wescot to put any reduced final settlement offers in writing and to produce a true copy of CCA with terms and conditions that has been signed not just a application form.

 

I stated in my letter to NOT contact me by phone and only correspond in writing as this is my right to request this.

 

Anyway they haven't replied in writing and i just keep getting calls and answerphone messages at home daily, is this harrassment?

 

Shall i write and remind them i asked them to only correspond in writing?

 

Any advice would be apreciated.

 

Olliepup.

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Hi all,

 

Just a update, i sent a letter about 3 weeks back recorded asking Wescot to put any reduced final settlement offers in writing and to produce a true copy of CCA with terms and conditions that has been signed not just a application form.

 

I stated in my letter to NOT contact me by phone and only correspond in writing as this is my right to request this.

 

Anyway they haven't replied in writing and i just keep getting calls and answerphone messages at home daily, is this harrassment?

Yes! As is repeatedly writing to you threatening to take you to court and never doing so.

 

Shall i write and remind them i asked them to only correspond in writing?

 

Any advice would be apreciated.

 

Olliepup.

Yes

But you should not request, you should insist that you will deal with this in writing only.

I hope that you don't go through their "security".

Try asking for the name of the person calling, telling them its for the harrassment court claim that you are about to start...

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Never answered their calls, just got messages.

 

Recieved a lovely red letter from them saying i have 14 days to pay or i may end up in Hull court.

 

Or ring them to say why i'm not paying and make a offer.

 

So is this letter a standard red Wescot scare tactic or what?

 

Doesn't look very official but i will have to write to them.

 

Many thanks.

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send them the bemused letter:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

edit to suit your circumstances

 

ida x


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Thanks for the letter, i'll edit and send, only problem i have is i can't get near a printer for a week, what about sending this letter by email? as they have supplied a email address?

 

Many thanks.

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if this is of any use- this is the letter i use to deter harassment

 

it combines the telephone and doorstep letters in one go and gives a genuine reason why they can never discuss the matter in person or over the phone

 

please feel free to use it if it helps

 

 

Re Your Ref AccountXXXXXXXXXXXXx

 

I am anxious to resolve matters with regard to the above matter. You are not assisting in this respect by harassing me and causing unnecessary stress. .

 

Please stop making telephone calls to me. This includes my home and work landlines and/or my home or work mobile telephone numbers . It is very distressing , harassing and annoying to continually have to get up and monitor the telephone and filter out unwanted calls..

 

I Will not under any circumstances discuss this matter verbally over the telephone or in person.

 

Cognisant of the ever increasing threat of identity fraud and theft of personal financial information and data, it has been our family policy , for quite some time now, in dealing with all our bank , service and other financial providers that we never give personal security information or a part thereof to inbound telephone callers , nor do we discuss financial matters verbally.

 

The above policies also apply to personal uninvited callers to our home and for this reason I would also ask you to note that I would never agree at any time for you, your agents or representatives to call personally at my home nor would I ever discuss this matter with an uninvited personal caller, therefore please do not ask to make any such appointment. or use “threats” of personal calls to my home..

 

In light of the above it therefore follows , given that any further calls by telephone or personal uninvited call from you, your agents or representatives would never “get past” confirmation of identity nor would any “security “ information be disclosed , any further attempts by you to contact me in this way can only be seen (by a right thinking person) as an attempt to continue to cause further harassment and distress.

 

It may be the case that you were unaware of the reasons why I will not accept telephone calls and/or personal callers, however now that you are fully aware of the reasons , if you continue to ignore my request it will be at risk of formal complaints and possible legal proceedings and claims for damages.

 

 

 

 

- 2 -

 

 

It is also our family policy, in respect of dealings with bank , service providers and other financial providers to insist that ALL communications are in writing in order to avoid any dispute as to what may or may not have been said or done and to provide an audit trail of events. This can only be to our mutual benefit.

 

Whilst I appreciate that this is a very formal way of contact it does in fact allow the matter to be dealt with in a more efficient and businesslike manner..

 

I undertake to respond to written communication (excluding letters asking me to call you on the telephone or to make appointments or “threaten” personal calls to my home) normally within 7 days and certainly no longer than 14 days of receipt.

 

As a consequence of the foregoing you may therefore assume that any written communication from you which is not responded to by me within 14 days is likely to have not reached me and you may wish to re send the document- particularly if it is considered to be an important one.

 

May I also remind you that as holders of a licence to operate under the Consumer Credit Act it is your responsibility to be aware of and act within the rules of the CCA and OFT rules and guidelines and it is not for me to have to quote the legislation to you

 

 

I trust I have made my position clear and that we can now try to resolve this matter more amicably and efficiently .

 

 

Yours sincerely

  • Haha 1

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The lasst three paragraphs could be quite useful in court at a later date!!

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hey diddydicky

 

what a swell bit of kit you have there,,,hahahha letter is a gem;)

 

ive had a few bad weeks and now am regrouping and tomorrow boy am i going to do some good organising,,,thanks for the inspiration

 

have a sunny day laters angel x:-)


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Just thought i'd post a update as i received a letter today.

 

I sent the bemused letter to Wescot as Natwest still haven't produced a valid CCA.

 

Now Allied International Credit have taken it on saying their client etc etc.

 

Will they have purchased it?

 

Think i'll just send them the bemused letter also asking them to produce the CCA.

 

Seems like its gone from pillar to post over the last 3 years.

 

Still haven't paid them anything in 3 years, if they had a CCA surely they would have produced it.

 

I dealt with AIC over another debt and they ended up offering a seriously low settlement which i took up.

 

It seems to be a Scottish branch that's contacting me.

 

Anyone dealt with this lot?

 

Cheers Olliepup

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Got a letter back from AIC.

 

They said Natwest complied with CCA back in December last year and who did i send the SAR too, and to contact them for any further assistance!

 

They only sent a signed application form and a copy of terms and conditions back in December and i've been telling them ever since they haven't complied.

 

I also asked for a copy of their complaints procedure as the kept leaving answer messages after i asked them not to call me, they said they only ever spoke to one person which is true but they did keep ringing and leaving messages.

 

So should i carry through the complaints about the calls?

 

They have removed my number from the cal list apparently.

 

I did SAR them but they sent the 10 pound cheque back and said the info wasn't availiable.

 

Should i just write back and tell them they still have not complied?

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I wrote to AIC stating the account was in dispute and to provide what i requested with the CCA.

 

I got a letter back today saying they cannot comply with my request and it lies with the original creditor Natwest and i should send 1.00 pound to an address in essex which is

 

Insolvency & Client Support

1st floor- section 78

Thanet Grange

Westcliff on Sea

Essex

SS0 OEJ

 

Is that address mean anything to anyone??

 

Why should i CCA Natwest again when i did last year and payed my pound and they didn't produce one then.

 

They finished the letter by saying the account is still owing and i need to contact their offices to prevent further recovery action being taken.

 

Am i right in thinking no CCA or a valid one the cannot carry out any recovery action?

 

Is this illegal??

 

There was a letter pinky69 put up on my Robinson way thread that may do the trick.

 

But am i right in thinking they legally can't pursue until CCA is complied with?

 

Any advice would be great.

 

Many Thanks.

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I wrote to AIC stating the account was in dispute and to provide what i requested with the CCA.

 

I got a letter back today saying they cannot comply with my request and it lies with the original creditor Natwest and i should send 1.00 pound to an address in essex which is

 

Insolvency & Client Support

1st floor- section 78

Thanet Grange

Westcliff on Sea

Essex

SS0 OEJ

 

Is that address mean anything to anyone??

 

Why should i CCA Natwest again when i did last year and payed my pound and they didn't produce one then.

 

They finished the letter by saying the account is still owing and i need to contact their offices to prevent further recovery action being taken.

 

Am i right in thinking no CCA or a valid one the cannot carry out any recovery action?

 

Is this illegal??

 

There was a letter pinky69 put up on my Robinson way thread that may do the trick.

 

But am i right in thinking they legally can't pursue until CCA is complied with?

 

Any advice would be great.

 

Many Thanks.

 

send the quid back with a short letter and tell them to respond to your cca request and that perhaps they should seek legal advise as to their obligations

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subbing


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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They cashed the quid last December and sent the application form.

 

A letter making a point maybe good, it's been going on 3 years now and it just get's passed about.

 

So should i send another pound to the address the mentioned?

 

Doesen't sound quite right that address?

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