Threatened by Triton

[v8monkeyboy]

I had a call from Triton Credit Services (at 8am!) on 31/7 who wanted me to increase my monthly payments from £80 to £90, and increase which we can't afford. I explained this and was told that they review cases every 6 months and expect an increase in payment.

 

When I told him they had my SOA and they could see there was no more money he became very threatening. I then said I would not deal with them by phone anymore and would only deal with them in writing. The guy on the phone got more angry and told me I would go to court. I explained that I felt he was threatning me and he literally said 'Well, I'll make sure it goes to a solicitor so you pay more' and put the phone down on me.

 

 

I've had no more calls from Triton since I told them I would only deal by letter. However, today I've got home from placement (working 12 1/2 hrs ) to find a letter from Triton stating:

 

"The agreed short term repayment arrangement is due for review and as previously indicated we are looking for you to fully repay your debt now, or substantially increase the level of payment. Failure to do so will result in the matter being passed to our solicitors who may then commence one of the following actions:

• Charging order/inhibition against your assets for the sums outstanding. This may even result in our client being granted possession of your property.
  
• Attachment of earnings/wage arrestment. Your employers will be instructed but the Court to deduct a set amount from you salary/wage to repay the balances outstanding.
  

You will be liable for the costs of legal action."

 

So - I will send my SOA - again. But if it shows that between us my husband and I have £1 left over each month, and that they are getting £5 more than my other creditors can they realistically take me to court? And if they did, would the judge not say that they are unreasonable?

 

As for getting money from my earnings, I get £544 each month as a bursary and that's it. Out of that I pay around £300 in debt repayments.

 

I'm so tired - I've been up since 6am and have worked 11 hrs today, plus 2 hrs driving, and I can't even think what to do.

 

Any ideas gratefully received

 

Tracy

[cerberusalert]

Have you sent them a CCA request to see whether this alleged debt is enforceable? http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[mr.ton]

Firstly you shouldnt be paying them anything at all..nevermind £80 per month (or £300 in debt repayments per month)

They have no legal authority to any money off you, only a county court does & that is after all your outgoings have been taken into account, which could be as little as £1 per month to repay them.

Report these clowns to the OFT & trading standards.

Stop speaking to them on the phone & refuse to answer security questions if they phone you.

Insist everything must be in writing only.

[v8monkeyboy]

I haven't because I'm not sure of the ins and outs of the CCA.

 

I took the loan out in 2007 (about Jan/Feb) with Tesco, so would it be worthwhile (I will have a look at the link, I'm not just being idle )?

 

Believe it or not, this is the first time I've had problems with Triton - they hold other accounts from other creditors and have never said a word.

 

T x

[v8monkeyboy]

Firstly you shouldnt be paying them anything at all..nevermind £80 per month (or £300 in debt repayments per month)

They have no legal authority to any money off you, only a county court does & that is after all your outgoings have been taken into account, which could be as little as £1 per month to repay them.

Report these clowns to the OFT & trading standards.

Stop speaking to them on the phone & refuse to answer security questions if they phone you.

Insist everything must be in writing only.

 

I've been paying this amount for around a year now, with no problems. I defaulted on my Tesco loan and they were the co that took it over. Sorry if I'm being obtuse, but why shouldn't I be paying them?

 

T x

[lilly white]

WELL.

 

May I ask?

1 Did you get an assignment of the alleged debt?

2 Who is the original alleged debt with?

3 As far as you are aware are there any charges PPI

4 when was the alleged debt taken (how old is it)

5 Send away for the agreement and 12 and 2 days it is in default

[mr.ton]

You should not be paying any DCA 1 penny whatsoever.

They have no legal authority to it & just rely on threats & intimidation.

Only the courts have powers to obtain money from the individual & that is only after a process has been gone through etc...

Triton wont take you anywhere near a court coz they know they'd be lucky to get a £1 per month if anything at all & it would cost them money to take you there.

You will also find that their "solicitor" will simply just be another desk in their threat centre

Edited August 5, 2009 by mr.ton

[mr.ton]

Sorry if I'm being obtuse, but why shouldn't I be paying them?

 

Coz they have no legal authority to any money off you, only the county court does.

[v8monkeyboy]

WELL.

 

May I ask?

 

1 Did you get an assignment of the alleged debt? I'm sorry - what is that? Is that to do with the CCA?

 

2 Who is the original alleged debt with? Tesco Personal Finance

 

3 As far as you are aware are there any charges PPI - shouldn't be, I did state I didn't want it (I know! I'll check!)

 

4 when was the alleged debt taken (how old is it) - Taken around the beginning of 2007

 

5 Send away for the agreement and 12 and 2 days it is in default

 

Thank you - you are making me less panicky!

 

T x

Edited August 5, 2009 by v8monkeyboy
Clarity

[v8monkeyboy]

Mr. Ton - thank you so much!! and thank you to all that have already replied.

 

The reason I was paying them was because I didn't/don't want a CCJ - I know I've got defaults, but I thought a CCJ (or many) was worse?

 

I am so sorry to be asking stupid basic questions - I'm not home much and haven't had time to read up on the laws etc.

 

Thank you for your patience and help.

 

Tracy x

[mr.ton]

A CCJ is only a worry if you want a loan in the next 6 years or a mortgage (even then im not convinced they make any difference personally)..but anyway - failing that, they are a God send as you dictate what amount you pay after all your outgoings are catered for & the DCA is powerless to do/say otherwise.

Its unlikely they'd take you to a court anyway for the reason ive mentioned.

[slyspy]

the main problem with ccj's as I understand them is they reset the clock on a debt, so if the ccj comes 4 years in after default for example, it means a 10 year blot on a credit record.

[lilly white]

NOA

 

THE DCA ARE ACTING ON BEHAVE SO IN FACT THEY CANT SUE IN THEIR OWN,IF YOU HAVE DO NOT HAVE NOA FROM TESSCO

 

So in a fact you can tell to go well i will leave that to YOU.

 

WE HAVE A GOLDEN RULE DO NOT SPEAK TO THESE PEOPLE/

 

OK WELL SEND THE SAR REQUEST TO THAT SHOP.

 

SEND A CCA REQUEST TO POUND LIFE DCA

 

SEE WHERE YOU ARE AND PUT THE ACCOUNT IN DEFAULT AND PAY THEN WHAT YOU CAN AFFORD NOT ONE PENNY MORE

 

TAKE CONTROLL

[mr.ton]

Between you & me (and dont tell anyone ive told you this )..but im convinced credit files/ratings are not worth the paper they are printed on.

The whole industry is built up around myths (like DCA's having powers over people) & that is another one of them that we Caggers are chipping away at gradually

[v8monkeyboy]

Ok - things are clearer now - thank you .

 

If I send off for a CCA and they don't supply it, I know the debt is unenforceable, but then what?

 

And if they manage to send me a copy of the CCA (and how often does that happen?), then what?

 

I was beginning to think that bankruptcy was the way forward as we rent and I have no assets whatsoever, but I wouldn't want it to affect my husband.

 

Tracy

[brokebutnotbeatn]

ahhhh. Scare monkeys scare again! Pay only what you can afford and divide what you can afford on a pro rata basis. That is then clearly demonstrable if it ever goes to court (unlikely) and a judge will concur! If that means only £1 a month then that's what it is...

[mr.ton]

and haven't had time to read up on the laws

 

With due respect, the DCA's thrive off people like you who are not aware of their rights etc....

[lilly white]

OK ONE AT A TIME.

 

GET ALL YOUR DEBTS AND POST ONE AT A TIME START A TREAD FOR EASH

 

WE WILL REDUCE YOUR MONTLY OUT GOINGS,

 

AS Mr ton has advice

 

CCJ in deed look these people do not want to take you to court that is the last thing they want please think about they loose control

 

GOLDEN RULE DO NOT BREAK IT

 

DO NOT SPEAK TO THESE PEOPLE AGAIN

Edited August 5, 2009 by lilly white

[mr.ton]

And if they manage to send me a copy of the CCA (and how often does that happen?), then what?

 

Makes no difference if they supply you with a copy of the gettysburg address - the principle of everything ive said to you still applies

[v8monkeyboy]

Makes no difference if they supply you with a copy of the gettysburg address - the principle of everything ive said to you still applies

 

Thank you - that's raised a smile in an otherwise horrible and stressful day (not just the DCA, the placement too).

 

I will send off the letter for the CCA first thing tomorrow. As for not speaking to them, I said I wouldn't when they called on the 31st hence this letter today.

 

Tracy x

[brokebutnotbeatn]

Sorry - just deleted a post. I misread Mr Ton's earlier post. oops.

[mr.ton]

Sorry - just deleted a post. I misread Mr Ton's earlier post. oops.

 

Tell me what you originally said?

[brokebutnotbeatn]

[brokebutnotbeatn]

I misread and thought the "thrives on people like you" comment was aimed at me. As I said, sorry!

[mr.ton]

Hmmmmm ok then