Threatened by Triton

[cerberusalert]

Ignore them for now, they are perfectly capable of providing any documents from the information you have already provided.

[v8monkeyboy]

Thank you cerberusalert.

 

The reason I'm so worried is that National Debtline told me today that I gad no reason to request a CCA just because Triton were threatening on the phone initially.

 

Also, the lady said that I should be very careful pursuing this route as if it went to court, I would come unstuck as they no longer have to provide a true copy of my agreement. Basically, should it go to court, the judge would ask if I borrowed the money, if I answered yes, then they would ask what the problem was and find in favour of Tesco/Triton. Basically, I should continue paying and that was that.

 

T

[cerberusalert]

The lady you spoke to is talking utter tosh. In order for anyone to prove a debt exists they have to provide an enforceable CCA & there's enough case-law proving this;

 

The Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

As for her remark about you having no reason to request a CCA, again she is wrong. It is your legal right to request a CCA at any time.... you do not need to have a reason other than you want it.

 

If it went to court see the quote above regarding the House of Lords.

[v8monkeyboy]

Thanks again - she got me so worried that I nearly called and re-instated the payment.

 

Incidenally, the loan was taken out on 6th March 2007 - this means it stillcomes under the old regs is that right?

 

T

[Huff&Puff]

I find it extrmely disturbing that an organisation that purports to help people with debt problems should give out such disinformation. If that's the best they can do, maybe we should try and get them closed down along with the DCAs :mad:

[sillygirl1]

Its very much against the OFT guidelines for them to be asking fo a signature after all their harrassment of you - if they don't have the details themselves then they need to be reported to the Information Commissioner asap.

[v8monkeyboy]

Hi,

 

This is what I thought was strange. I did query this with National Debtline as was told that Tesco/Triton are simply trying to cover themselves under the DPA. She said I should write back, refuse to include anything with a signature and explain why, but also provide them with my date of birth.

 

She said that Tesco/RBS not being able to find anything using Triton's reference number was not unusual as they all use different references. Strange, how through all of this, Triton have never responded, but RBS and Tesco have, yet the confirmation of cancellation of my DD to Triton was answered on their headed notepaper.

 

T x

[cerberusalert]

Triton are the in-house collection arm of RBS.

[v8monkeyboy]

Precisely - they should therefore be able to sort out what their reference numbers refer to in that case.

 

I'll leave it for a week or so and see what happens. If I get no further, what do I do then?

[charlieKing]

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

I called the charity on the above site and they sorted out all my debt problems with Triton for free.

[lilly white]

what is going on here.

 

have you ask for a cca etc if so it is to them to provide if they have issues with there procerdures that is their prob.

 

Send you have failed the law is the law. full stop.

 

if the lady at cab was to advived wilson what would the outcome have been.

 

good god.

 

i must away now lilly

[gezwee]

TRITON CREDIT SERVICES LIMITED Registered No 03275895

1 PRINCES STREET LONDON EC2R 8PB

 

Type:Private Limited with share capital

Incorporation Date:08-11-1996

Last Accounts Filed up to:31-12-2008

Nature of business SIC:74990 - Non-trading

 

Also at..........

 

Triton Credit Services

PO Box 183

telford

TF2 2BU

 

Triton credit services is a trading name/style of the royal bank of scotland plc.

 

Teflord address also being very well known within the RBS/Natwest threads on here.

 

What would be interesting to see is the Tesco/RBS relationship if it was ever entered into court proceedings....who really owns the alleged debt?

 

Without sight of an agreement who knows if Tesco were acting as a broker only or if the loan value was underwritten by RBS.

 

Would (if you can afford it) DSAR both RBS and Tesco to see exactly what has gone before.

 

With a little luck they'll totally ignore you so at least you have the joy of acting as a claimant vs both of them.

 

As for Triton, they may be an inhouse trading style of RBS but without sight of NOA (which they won't have) they are a wholly ind ltd company and have no legal rights to pursue to litigation. Any claim would have to come from the OC or a legally assigned DCA.

 

Gez

[v8monkeyboy]

So, if I'm reading this correctly, Triton can't collect, therefore I'm ok to have stopped the payments.

 

I don't have to supply anything further to anyone for anything as they should all be able to talk to each other, as they are all really one and the same.

 

Tesco, can't do anything, as they have stated that they no longer own the debt.

 

RBS/Triton have to talk to each other, and until they do, I do nothing? Also, and I'm sorry to keep asking the same questions again and again as it's before April 2007 that I took out the loan, the old rules still apply?

 

Thank you all so much for your help.

 

T xx

[gezwee]

Triton will undoubtably have no claim on you, hence passing back to RBS for response......if they had legal assignment they would/should have responded as such.

 

RBS slid this one across the office (contracted) to Triton, can only suggest one of the Triton chimps slides it back to RBS. Are they seriously expecting you to believe they can find no record of the account without your assistance, not your problem if they don't know their a*** from their elbow

 

I would never advise anybody to pay or not to pay - that has to be your judgement call .......personally, I wouldnt send another bean to anybody until such time that a correctly consigned regulated agreement was in my hands showing the alleged true creditor.

 

If this went to litigation, you would be perfectly within your rights to request direction that original agreement were made available for viewing.

 

Not sure on the date issued, think you are fine if pre April 2007 would need to look this one up and come back to you.....try giving Cerb on the site team a nudge (red triangle) or PM, you'll get the right answer pdq

 

Gez

[gezwee]

Would still go down the DSAR route with Tesco (as a minimum to start with) to find out who did what and when and what the relationship is with RBS/Triton. If they fail to respond or do not fully comply, sue them.

 

Gez

[cerberusalert]

I'm sorry to keep asking the same questions again and again as it's before April 2007 that I took out the loan, the old rules still apply?

Yes.

[cerberusalert]

I'm sorry to keep asking the same questions again and again as it's before April 2007 that I took out the loan, the old rules still apply?

Yes.

[gezwee]

Told ya

[v8monkeyboy]

Thank you, you're all fab!

 

I shall save my pennnies up and SAR Tesco, then donate to this site. You've all made it feel so much less threatening, and as I'm currently dealing with this on my own, that means a huge amount.

 

Once again, thank you, and I'll be back when/if I hear anything further from Tesco/RBS/Triton or whichever company may or may not write to me.

 

Tracy xx

[lilly white]

tracy ,

 

you have asked they have to provide, thats it,

 

best regards lilly

[v8monkeyboy]

I'm back!

 

Today, I have received 2 letter from Moorcroft this time, one dated 30/12/09 and one dated 8/1/10. The letter dated 30/12/09 states:

 

"I write in response to your recent communication in relation to the above account and can confirm we have been in contact with Tesco Personal Finance who have advised us that they are unable to process this any further withoout you providing the detail that are required for the Section 77 request.

 

I can also confirm that I have placed your account on hold and request you make immediate contact with our call centre on the above number to discuss a repayment proposal you can afford and maintain."

 

The letter dated 8/1/10 is from their 'pre-court division' and not only has my debt increase from letter to the next, but I have until tomorrow to make a payment or they "may have no alternative other than to assume you are avoiding repayment of this debt". Legal action may follow etc etc, and then a run down of costs which I will incur, including £35 for solicitors costs for entering judgement by default.

 

Now, Triton couldn't find me using their reference number, it was handed to RBS who couldn't find me using Triton's reference, Tesco (who apparently don't own the debt any longer) have told me they don't have my signature on record, and RBS want me to confirm the account and sort code this refers to - something which they should surely have, if I had a loan with them via Tesco.

 

My question is: what do I do now, please? I admit this last letter (in it's beautiful yellow envelope) has had me shaking and a bit scared. And it seems I need to answer by tomorrow or go to court?

 

Thanks in advance,

 

Tracy

 

Edit: Is this another case of a CCA to Moorcroft?

[v8monkeyboy]

Anyone any ideas?

 

Having thought about it, should I be sending the bemused letter / the one which states they have no claim to anything because Tesco/RBS/Triton haven't responded, and I also haven't received a notice of assignment from anyone for anything?

 

T x

[itsamomentintime]

I'm back!

 

Today, I have received 2 letter from Moorcroft this time, one dated 30/12/09 and one dated 8/1/10. The letter dated 30/12/09 states:

 

"I write in response to your recent communication in relation to the above account and can confirm we have been in contact with Tesco Personal Finance who have advised us that they are unable to process this any further withoout you providing the detail that are required for the Section 77 request.

 

I can also confirm that I have placed your account on hold and request you make immediate contact with our call centre on the above number to discuss a repayment proposal you can afford and maintain."

 

The letter dated 8/1/10 is from their 'pre-court division' and not only has my debt increase from letter to the next, but I have until tomorrow to make a payment or they "may have no alternative other than to assume you are avoiding repayment of this debt". Legal action may follow etc etc, and then a run down of costs which I will incur, including £35 for solicitors costs for entering judgement by default.

 

Now, Triton couldn't find me using their reference number, it was handed to RBS who couldn't find me using Triton's reference, Tesco (who apparently don't own the debt any longer) have told me they don't have my signature on record, and RBS want me to confirm the account and sort code this refers to - something which they should surely have, if I had a loan with them via Tesco.

 

My question is: what do I do now, please? I admit this last letter (in it's beautiful yellow envelope) has had me shaking and a bit scared. And it seems I need to answer by tomorrow or go to court?

 

Thanks in advance,

 

Tracy

 

Edit: Is this another case of a CCA to Moorcroft?

 

 

moorcroft are laughable

 

dont be scared by them - they wont take you to court because they cannot win without a valid CCA

[v8monkeyboy]

Thanks, itsamoment,

 

I've been looking at the letters and I think the letter I need to send is the "Letter when account has been passed on whilst in agreement is in dispute" from this site. Is this right?

 

T x

[Huff&Puff]

Yes that's the one. I would also advise reporting them to Trading Standards and the OFT for chasing a disputed debt and passing it on. That sometimes makes them go away, and will benefit us all in the long run.