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Help please! RBS and Triton threatening legal action


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Hello. Could anyone please help me with the letters to use and action to take regarding my credit card debt with Royal Bank of Scotland being passed to the debt collection agency Triton Credit Services? I want to take control of the situation as soon as possible - I'm seven and a half months pregnant with twins! - but am finding it difficult to find a step by step action plan within the forums.

 

The long story, made as short as possible!, is that my partner was made redundant last year and we were finding it difficult to meet the £290 monthly minimum fees on our credit card. I admit to burying my head for a bit and making random payments when we could and it ended up with them cancelling my credit card and demanding full payment. I agreed to a payment plan of £145 a month with their collections department and kept to it. In May we had a bit more money so I paid two months payments - £290 - at once to cover May and June. Then in July I received a letter saying that my account was being passed to Triton Credit Services because I had missed a payment (June) - I've contested this over the phone with RBS and requested that my account be moved back to them but they're now refusing to speak to me, saying that I have to deal with Triton. Triton are demanding £400 a month, threatening legal action, despite the fact that I've been making the £145 payments for July and August to show willing.

 

Does anyone know what I can do to sort this situation out? And do I write to Triton or communicate with RBS? Any help would be most gratefully received!

 

Thank you.

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I too have had letters from Triton in the past threatening me with legal action but I have a DMA, but as the payment was sent late a few times they got funny.

 

I would send a copy of the letter to both departments offering only what you were previously paying. Keep paying that amount, that way they cannot say that you are not trying to repay the debt and to be honest if it did go to court and you offered less it would probably be accepted.

 

You could sign up with Payplan a debt management company, it's free and might help. (I'm with them).

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Did you receive a Default Notice before they terminated your a/c & if so have you still got it?

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Work out what you can realisticly afford to pay, write and tell them what your offer is & that is all you can afford to pay, then pay it. They won't take you to court. If it did, they won't get more and it won't really affect you.

 

Don't let them bully you. Don't talk to them on the phone. Don't go through security, tell them "in writing only"

 

Send that CCA request & see what they have

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  • 1 month later...

I'm trying to figure out who I'm supposed to be writing to now about my debt...Royal Bank of Scotland have passed it on to Triton Credit Services, I wrote to offer them the monthly payment I could afford and they haven't gotten back to me - instead I just received a letter from Green & Co Solicitors (who the letter says are employed by the Royal Bank of Scotland Group) saying that Triton is their client and demanding payment to Triton within the next seven days.

 

There's no acknowledgment of my payment offer and because I was following the letters on the National Debtline website, I haven't sent a CCA request to anyone yet. Also because I'm not sure if that's the right thing to do when I know that I owe the money to RBS.

 

Any advice on the next steps to take would be most appreciated...I'm about to go on maternity leave with twins and could do without the hassle and confusion but don't want to be a mug either!!

 

Thanks,

Shannon Forbush

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Hi,

 

What sort of account is it ?

 

If your username is your real name, send me a pm and I'll get it changed ;)

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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You should send a CCA to Triton at least, if they're not able to produce the agreement they cannot enforce the debt and at the same time it also puts the debt into dispute and no further payments have to be made.

 

How old is the debt ? and RBS is it a Direct Line card?

I reside in Dawlish Warren but am not a rabbit.

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Two threads merged.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I had a default notice by RBS, via a Direct Line card, to be frank the default was utter pants and altogether non enforceable, my agreement was 2001 if that helps. I sent off a cca to the collection agents and have heard nothing since. I was quite looking forward to them coming back to me...

I reside in Dawlish Warren but am not a rabbit.

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Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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