Help RBS Sold debt to Triton

[BigCharlboy]

Hi, can anyone help please? Had a loan with RBS, paid into it for 3 years, rang them to get credit agreement, as I wanted to check something, they ignored the request. To cut a long story short I stopped paying until they provided it, that was 6 months ago. After numerous letters taken off here, they have admitted they have no credit agreement and they can't take me to court. I'm trying to get the debt written off.

 

Is it worth seeking legal advice now? I've written all the letters on here to RBS and it's gone on and on. They've now passed it to Triton who keep harrassing me. Had one letter demanding full payment of the loan in full. I wrote back saying that my dispute is with RBS and not them, they just keep phoning all hours, weekends, evenings, haven't answered one call though. I'm sure another letter will drop through the door with more threats.

 

RBS have no credit agreement, I don't recall ever signing one in hindsight, because they changed the terms of the loan at the last minute, making me pay over 7 years instead of 4. It was done over the phone and that was that.

 

Can anybody help please, or even recommend a decent solicitor, have sent an enquiry to Stephensons, but still waiting and it's been a week. Keen to get things moving now that Triton are on the case. Worried, they will send baliffs to the door. Can they do that?

 

Thanks in advance

[Bazooka Boo]

Hmm, deja vu!

You got the jist of it then.

 

IMHO if they have no CCA then as you have said, they cannot legally enforce any collection activity.

If they begin threatening you with any sort of legal action, court etc then report them to the The Office of Fair Trading: Contact us

 

Whether they sell it on or not is not of any great concern, unless they are trashing your credit file and that is important to you?

 

However you can add to your file a notice of correction,

You can ask the credit reference agency to put a notice on your report of up to 200 words explaining why you got into debt or why you think information on your report is misleading. You may want to explain your financial circumstances at the time and why your situation is now different. This notice will then be seen by anyone reading your report such as a lender making a search of your credit report when you apply for credit.

Most credit decisions are made by automatic means (i.e. computer). If there is a notice of correction on your report, your application must be referred for a manual decision (i.e. a person will decide whether or not you can get credit).

 

Who sent you the letter asking for full payment?

Report them to the OFT, you could also consider making a complaint to the Financial Ombudsman Service (FOS)

[Bazooka Boo]

[email protected]

 

email address for the OFT

[Michael Browne]

Keen to get things moving now that Triton are on the case. Worried, they will send baliffs to the door. Can they do that?

No they can't, least not until they have judgement against you. Rbs have not sold it to Triton. Triton are part of RBS, they are their in-house collection agency.

[kurvaface]

Don't worry about it. Without a CCA they don't have a leg to stand on however their behaviour is contrary to debt collection guidance and they need to be reported.

Amongst other complaints you make, please ring trading standards on

 

08454 040506

[ScarletPimpernel]

Triton are RBS, incidentally - it's a dormant company used as a front for RBS' in-house collections department - as I note, too late, someone else has pointed out above...

[BigCharlboy]

Thanks everyone - you only answered what I thought in any case. It's nice to get backup on here and know that I'm not alone. Does anyone know a decent solicitor though? Also don't know whether to include RBS in the IVA I'm going to do, I don't want to however, they've treated me so badly over and above this loan agreement. Awful bank to deal with. I've read somewhere that if I do include RBS in IVA they can come out of it later if the agreement proves to be illegal. I will keep fighting.

[BigCharlboy]

Hello,

Solicitors have said I would need to do it privately, going to cost a fortune. Does anyone know a solicitor who is "no win, no fee"? To help in trying to write off the debt? I think I've gone as far as I can with the letter templates on here as RBS are just ignoring me now and Triton have taken over in pursuing me, although their latest letter just said "call them". They haven't acutally commenced court proceedings, because they know there is no credit agreement. Help anyone? Not sure which way to turn next. Is it best just to ignore it?

[debbbbsy]

Hi Bigcharlboy,

 

At this stage you don't need a solicitor, your doing perfectly well. Triton/RBS know they can't enforce the debt without the agreement. But, you need to keep sending the letters .

The RBS are trying to bully you into paying, this is how they win.

Don't ignore them, with every threat they make. Send your letter recorded, dispute the debt.

 

Debs:)

[Bazooka Boo]

The RBS are trying to bully you into paying, this is how they win.

Don't ignore them, with every threat they make. Send your letter recorded, dispute the debt.Debs:)

 

Agreed, it is a war of attrition, they will blink first!

[BigCharlboy]

Hi all,

Well Triton have stopped the phone calls. Sent another letter to RBS telling them to stop harrassing me through Triton, it worked! They wrote again saying that they can't take me to court without the CA and don't intend to and they also said, they don't dispute that I will continue not to pay without the CA, so I guess that is kind of a result.

 

I didn't bother with the solicitor because the fees were horrendous. You're all right, they are trying to bully me into paying because they have nothing else. They're insisting however, that they will continue to default me with the CRA's.

 

It's funny because the letter they wrote was badly written and was an exact replica of one they had sent before, they're running out of ideas!

 

So, I've left it for now, until they approach me again. I'm far more relaxed about it now and have decided it's not worth worrying about.

[Bazooka Boo]

A good result!

 

Well as far as the harassment goes:D

 

Have they trashed your credit file?

You should put a note on there that it is an unenforceable agreement.

It'll drop off after 6 years anyway.

Boo:wink:

[debbbbsy]

Well done

 

Keep everything filed.

 

Debs

[BigCharlboy]

Well, I'm going to do a debt management agreement, whereby all my creditors will be contacted to stop all interest, so my credit file will be trashed anyway, so not that bothered that RBS will default me.

Like you said it will drop off in 6 years. Stop me getting credit for 6 years is probably a good thing