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Triton Credit insisting on increased repayments on very old debt


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Just wish I'd done something about it years ago - although they have shot themselves in foot as I was quite happy to continue repaying it until they started hassling me

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  • 2 weeks later...

Here's an update sent off the dispute letter to NatWest and got a reply today - I'm at home so can't scan the letter in - basically they do not dispute the fact that they can not enforce the agreement but they do say

 

"What we pointed out is that the loan agreement remains vaild i.e section 77(4) does not make the agreement void. The debt exists and we are entitled to carry out all actions that do no amount to enforcing the agreement. Reporting to Credit Reference Agencies your failure to pay sums due under the agreement is not 'enforcing the agreement'.

 

I have stopped my standing order and have no intention of restarting it but do not want any black marks on my credit file - what is my next move?

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They are right. They cannot enforce the debt but you still owe them money. The Information Commissioner takes the view that providing they have other proof of the debt eg statements, records of transactions, then they are entitled to record that you have defaulted on the debt. The counter argument to that is how can they default an agreement when they don't have a properly executed agreement. It comes down to one for the courts I'm afraid.

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They will still report to CRA`s even if you pay them. As Pinky states how can they legally report without proof of your agreement to process your data? I would ask them to once again prove you gave your consent to the processing of data and quote a bit of case law: Durkin v DSG & HFC.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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There's no way I'm paying another penny - I've paid back the money I borrowed about 3 times over and if they hadn't been so heavy handed with their chasing I would have continued paying until the debt was clear - I'm not going to be looking at borrowing any money in the near future so any marks on my credit file can sit there - I can't see what more they can do to me

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They are right. They cannot enforce the debt but you still owe them money. The Information Commissioner takes the view that providing they have other proof of the debt eg statements, records of transactions, then they are entitled to record that you have defaulted on the debt. The counter argument to that is how can they default an agreement when they don't have a properly executed agreement. It comes down to one for the courts I'm afraid.

 

 

Ultimately, it comes down to what parliament meant by "enforce" the agreement. If you take the dictionary definition (which is ultimately comes down to taking advantage of any term in the agreement), then they cannot do anything - charge interest, report data, demand payment, etc. This view is supported by an E-Mail that I received from Francis Bennion (draftsman of the CCA) but the creditors (and the judge in the Rankine case) seemed to think that enforcement does not begin until enforcement of a judgement...

 

 

As for the statements as proof, a while ago a creditor tried to use statements in court to proove that a CAGer owed them money. The CAGer showed up with a statement showing the disputed balance that had the claimant's solicitor's name on it as a demonstration that statements were NOT really evidence as it is something that the bank "makes up"...

 

 

This philosophical argument was brought to you by:

H

;):p

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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There's no way I'm paying another penny - I've paid back the money I borrowed about 3 times over and if they hadn't been so heavy handed with their chasing I would have continued paying until the debt was clear - I'm not going to be looking at borrowing any money in the near future so any marks on my credit file can sit there - I can't see what more they can do to me

 

Any chance you may consider a demand for a full refund just to really teach them lesson in how not to be greedy? ;)

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Any chance you may consider a demand for a full refund just to really teach them lesson in how not to be greedy? ;)

 

I'd love to but would rather not risk them having a damn good search for the original agreement & finding it

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Send them an S.10 notice to stop them processing your data. It's located here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

 

Amend to suit, send recorded, DO NOT SIGN print your name, keep a copy with your postal receipt. Your reason to be sending this is that a CCA agreement does not exist (send copy of thier letter for ease) and let us know how you get on :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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