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ChrisGr

RBS Triton - Help Please!

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Hi everyone,

 

I am looking for some help with the next stage of my battle with Triton over my RBS Credit Card. I got into financial difficulties and despite assurances at the time that RBS would give me time to catch up with payments they defaulted me, closed my account and passed it to Triton.

 

I have already been through the process of a CCA request and they sent me back what I believe to be a wholly unenforceable CC Application form. I also sent them the account in dispute letter to follow this up but I have received a letter from Triton this morning saying that RBS have complied with my request, do not consider the account to be in dispute and that I now must pay up.

 

Now my understanding is that they may in fact have complied since they did send me something. Even although that something is not enforceable. Can anyone give me an idea of what to do next? I'm happy to take this all the way but I have read a lot of people talking about Subject Access Requests and I am not sure if this can get me any further information or how to word it? Also I'm afraid in the avalanche of mail that I have had from various people I owe money to I'm not sure if I kept any default notices to see if they were properly issued.

 

Any help on what to do next would be much appreciated!

 

Thanks :)

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Send them this, unsigned and by recorded delivery, taking out the Blair, Oliver and Scott bit and inserting Triton, and obviously using your own dates too.

 

Hope it helps

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

ACCOUNT IN DISPUTE

Dear Sir,

 

RE:

Thank you for your letter dated 3rd September 2008. I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with Bank of Scotland and has been 14th July 2008. 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

 

As Bank of Scotland are now in default of my Consumer Credit 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.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Now I would respectfully suggest that this account is returned to Bank of Scotland for resolution of these defaults and breaches, as Blair, Oliver and Scott cannot lawfully pursue any enforcement activities.

If Blair, Oliver and Scott 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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully


Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Thanks for the lightning fast reply Berry! :-)

 

The problem I have is that they have sent me something through - just an application form - and I only CCA'd them after the account had already been passed to Triton. I'm not sure if this means that I should send the letter you quoted?

 

I was hoping to send them a Subject Access Request but I'm not sure of the wording or indeed the purpose. I just want to get as much information as possible before this progresses.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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I'm not sure how the above would equate to the situation I am in. They are trying to enforce an application form that isn't enforceable in my opinion. All I really want to do is to get as much information out of them as I can in preparation for what I suspect will be a court case. They feel they have complied under CCA regulations and that is fine but I still have an unenforceable agreement.

 

Does anyone know where I could look for a rough template of a Subject Access Request? Or any suggestions on how to proceed?

 

Thanks!

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Bump!

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Have you checked that the Default notice is valid?

 

That would be additional ammunition

 

Triton is owned by RBoS. They don't have their own credit licence.

 

RBoS are awful with CCA requests & will say that black is white, deny that any dispute exists, in an attempt to gloss over their problems with CCAs (or lack of them).

 

How old is the card. If it's old they probably won't have your agreement.

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The card is from about 2002 and all they have sent so far in response to the CCA request is an unenforceable application form.

 

As I said in my original post I don't think I still have the DNs they sent so I can't check them. I was just hoping someone could explain how I need to word a Subject Access request to try to get copies of everything they have including the DNs.

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I would send the letter in post #2.

 

You could also add that since the bank is in default of its CCA obligations and have no right to ask for payment, Triton have no right to process your data and should that you require confirmation that they have ceased to do so.

 

If they do send an enforceable CCA, you would have to send a SAR to get details of the DN & any charges, but it's probably not worth doing that at the moment.

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My understanding is that they may have complied with the request though. I am not sure if the agreement they have supplied has to be enforceable? Although in court I could challenge it, from what I have read on other threads since they have replied with something they claim to be an agreement then they have complied......

 

That is the way I see it so I wanted to send a Subject Access request but although I see them mentioned on loads of threads I haven't seen anything about how to word them to get the information you want.

 

Anyway if I can't find out more about them then I might send the reply above. I'm just not sure it is the right one for my situation.

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