Natwest Loan and Overdraft to Triton Credit

[edge777]

Hello Everyone,

 

First of all, i would like to thank the guys who run this site for providing such a great place to to discuss about issues such as debts which effects people sometimes very badly.

 

I have a Natwest loan of about 20k outstanding which i took out on january 2007. I also have overdrafts on my advantage gold which is about 2k outstanding.

I have always maintened my payments on loan promptly since taking out for two years now. However, i am one of the unfortunate ones to have lost my job at the end of 2008 and could not make any further payments for a few months now. I am unable reduce my overdraft as i cannot even afford to buy small daily things. Everyday i think about the debts and just wonder what ive got myself into! i never imagined for a second i would be in this postion.

 

Anyways, I have been reading this site for sometime now and have learned that since my loan agreement was made before april 2007, it may not be enforceable. Therefore, i have sent cca request to my natwest branch in begining of february but have not received any reply. I then sent in the dispute letter in march but do not seem to hear anything in response. All i get is default notices.

 

Now, recently i received a notice from Triton Credit Services to pay the Loan 20k PLUS the 2k Overdraft together. otherwise............

 

I really don't know what to do now, im so worried as im not working and its so hard to find a job. Even if i found a job soon, i still wonder how im going to pay all this.

 

Can someone please guide as to how i can get out of this mess with the credit company now.

 

Thanks alot.

[GhostDebt]

There is very little you can do about the overdraft as it is not regulated in the same way as the loan. You could ask for a copy of the loan agreement and see what that brings up although it is probably going to be enforceable as it is quite recent. I suspect if they have passed it to Triton they would have issued you default notices. So, I would suggest checking the validity of them as well.

 

Hope this helps and hopefully you will get some more feedback from other CAG members

 

regards

[GhostDebt]

Also might be worth doing a subject access request to find out about any unfair charges that may have been applied to the account with a view to claiming them back.

[edge777]

Thanks GhostDebt,

 

The loan was actually taken out before april 2007, is that enforceable?

i havent had any reply to my cca request which was sent in february as well.

 

If the loan is not enforceable then i have a problem with the overdraft because suppose i start working and eventually istart clearing the overdraft then the trouble is i cannot close the advantage gold account as the direct debit for the loan goes from the advantage gold. There will be missed payments and the overdraft will be accumulating again.

How do i isolate the loan from the overdraft? Triton Credit want loan and overdraft together.

 

Any input appreciated.

[GhostDebt]

Hello Edge,

 

Its not the age of the agreement which makes it enforceable, but whether or not the agreement is properly executed and including the prescribed terms.

The older the agreement, the more likelihood that there may be errors in it, so one from 2007 may well be enforceable.

If they have not replied to your CCA request, it would be worthwhile sending a SAR to them as they would have to provide it in that.

 

Both the loan and the overdraft will have seperate account numbers with Natwest. If Triton refuse to split the two, I would move my income to a different bank and pay into each account number seperately through a standing order direct to Natwest.

 

Not sure how this would work or if Triton would acknowledge this resolution, but could be worth sending them a letter explaining that this is your intention and see what they do.

 

Hope you get some more comments and support

 

Regards

[edge777]

Hi Ghostdebt,

 

If they have not replied to your CCA request, it would be worthwhile sending a SAR to them as they would have to provide it in that.

 

 

So that means cca will come with SAR then? and do i send SAR to Natwest or Triton?

 

Thanks

[GhostDebt]

Hi Edge,

 

A request under the CCA and payment of £1 statutory fee will only provide the documents listed in the Consumer Credit Act as required they send.

i.e agreement, terms and conditions at date of agreement and current ones and a balance of account.

A SAR is a request under the Data Protection Act for all information the company holds in relation to your name, be it letters, phonecall recordings, statements, agreements etc etc.

 

I sent my SAR to Natwest, as there is more likelihood of them holding all the documents that may be relevant than Triton.

 

Hope this helps and you get some further comments.

 

Regards