court proceedings

[mhjhrh]

what actually happens with court proceedings. my husband has been threatened with this yet a friend of mine was sent a letter in August and still hasnt heard anything.

surely things must happen eventually.

[katpuss]

A lot of the DCA's send what's called a "threatogram", which is basically a gutless threat to try and get you to pay more money to them.

 

A genuine court document normally comes from Northampton County Court which is basically a court that the majority of DCA's use.

 

Have you received any blue court papers or forms?

[mhjhrh]

no. basically what happened he hasnt paid his RBS card for ages. got a letter from Triton called them last night they said the minimum is £350 or pay in full. which are both out of the question. he told them he would pay £40 per month they blatantly said no and said he would get a solicitors letter within 7 days with the mention of court proceedings as £40 is not enough. so now waiting for solicitor letter. really really worried.

[katpuss]

I wouldn't worry too much about this to be honest. Generally DCA's threaten people with court action and think they can get away with it.

 

The first thing I would do in your situation is to send Triton a CCA request with a £1 postal order which puts the ball firmly in their court. If they can't provide a copy of the original signed credit agreement then the debt is unenforceable.

 

Occasionally they take people to court but this is rare as the judge is likely to laugh them out of court.

 

You've offered to pay something per month that you can afford which is reasonable, they've declined (expected), so I would pay them the £40 per month away via standing order so that you control the payments, ask Triton for their account details. A DCA is very unlikely to refuse payment and if they did and then took you to court the judge wouldn't look on them too favourably.

 

Also the majority of the time the "solicitors letter" is some official looking piece of rubbish that is sent out from their in house litigation department to scare you.

 

Don't phone them again as they will run rings round you. Put everything in writing to them (preferably by recorded post) and if they call you tell them to bog off!

 

I've been threatened like this on 100's of occasions and nothing has ever come from it.

[mhjhrh]

so, even though they blatantly said £350, you reckon pay the £40 which we could afford....i dont understnd, will they accept that and give their bank details out??

 

thanks for your help

[Fred Bassett]

so, even though they blatantly said £350, you reckon pay the £40 which we could afford....i dont understnd, will they accept that and give their bank details out??

 

thanks for your help

 

They won't refuse a payment, but as Katpuss said, don't set up a direct debit, whatever you do - use a standing order. By paying them what you can afford, you can't be criticised.

 

Another thing - don't give them any details of income and expenditure -- they are not entitled to that information, only a court is.

 

If you've told them that you can afford £40 it is highly unlikely they will take you to court because they know full well they might end up getting less. Are you actually sure you can afford this? Don't make yourself skint just to pay this lot.

 

Regards.

 

Fred

[Michael Browne]

no. basically what happened he hasnt paid his RBS card for ages.

Which means there are almost certainly charges. You should claim these back.

[katpuss]

so, even though they blatantly said £350, you reckon pay the £40 which we could afford....i dont understnd, will they accept that and give their bank details out??

 

thanks for your help

 

It is rare for any DCA to refuse a payment as that is the reason for their existence, to get payments.

 

They always ask for more than what people can afford. You cannot pay more than £40.

 

If they won't give their bank details out then send them a postal order (there is a post office fee for this) but never pay by debit card as they can keep your number and charge the card whenever they like.

 

First of all please send them a CCA request to check that the debt is enforceable.

[mhjhrh]

we can pay it. i just want it sorted. Fred, i dont understand if they have declined £350 how they will take the offer of £40. How do we get their bank details, give them a call...or do all this in writing letting them know we will set up a standing order and ask for their details.

thank you for your help.

[katpuss]

They won't refuse a payment, but as Katpuss said, don't set up a direct debit, whatever you do - use a standing order. By paying them what you can afford, you can't be criticised.

 

Another thing - don't give them any details of income and expenditure -- they are not entitled to that information, only a court is.

 

If you've told them that you can afford £40 it is highly unlikely they will take you to court because they know full well they might end up getting less. Are you actually sure you can afford this? Don't make yourself skint just to pay this lot.

 

Regards.

 

Fred

 

Seconded, very good advice

[mhjhrh]

so....this week some time a solicitors letter from Green and Co will turn up. do we still deal with Triton the debt collectors cos i can imagine the letter will say it has been passed from Triton and court proceedings will start. i am dreading it..my husband aint worried, but i am.

[katpuss]

so....this week some time a solicitors letter from Green and Co will turn up. do we still deal with Triton the debt collectors cos i can imagine the letter will say it has been passed from Triton and court proceedings will start. i am dreading it..my husband aint worried, but i am.

 

Green & Co are RBS's internal solicitors and usually act on behalf of Triton. It's just RBS's way of trying to intimidate you.

 

Please don't worry yourself sick about it but even though you owe the debt please CCA them as the debt has to be proved for it to be enforceable and whilst you are disputing the debt they cannot collect.

[Fred Bassett]

we can pay it. i just want it sorted. Fred, i dont understand if they have declined £350 how they will take the offer of £40. How do we get their bank details, give them a call...or do all this in writing letting them know we will set up a standing order and ask for their details.

thank you for your help.

 

You have to understand the way these people think and work. They go in hard trying to scare people and most people are scared enough to try and meet their unreasonable demands. But their house is built on sand. They have no legal powers whatseover but they make you think they have. They threaten doorstep visits and court - both of these things very rarely happen and as far as doorstep visits are concerned you can stop them in their tracks.

 

They only succeed by bullying and their main weapon is the telephone. This is the way to stop them:

 

1. DO NOT speak to them on the telephone. Refuse to answer their security questions and insist on all correspondence being in writing.
   
2. As has been suggested above, send them a CCA request.
   
3. Pay them what you can afford in the meantime. Yes, you could ring them up to ask for the details if you wish, but don't engage in any other conversation. If you don't want to do that, write and ask them for the details.
   

Regards.

 

Fred

[mhjhrh]

thank you all sooo much. first things first, i need to get a copy of the CCA. how will i ever get them to agree to £40 per month...i cant see it happening. my husband said they seemed adamant.

[katpuss]

thank you all sooo much. first things first, i need to get a copy of the CCA. how will i ever get them to agree to £40 per month...i cant see it happening. my husband said they seemed adamant.

 

They also seem adament, this is part of their scare tactics. Ignore them and request that all communication is put in writing. If they continue then report them to the OFT for telephone harassment.

 

They will eventually agree to the £40 per month.

 

You are more than welcome to PM me if you need advice etc.

[mhjhrh]

katpuss, thank you so much...... sorry but what does 'PM' mean.

[katpuss]

katpuss, thank you so much...... sorry but what does 'PM' mean.

 

Sorry CAGGER jargon, send me a private message if you want help in more detail

[mhjhrh]

many, many thanks for your time, i will do that if i figure out how to do it!!!!

last night, i couldnt even eat with worry i hope tonight i might be able to stomache something.

[katpuss]

many, many thanks for your time, i will do that if i figure out how to do it!!!!

last night, i couldnt even eat with worry i hope tonight i might be able to stomache something.

 

Please eat well tonight and rest assured that you have a friend here

[Fred Bassett]

thank you all sooo much. first things first, i need to get a copy of the CCA. how will i ever get them to agree to £40 per month...i cant see it happening. my husband said they seemed adamant.

 

mh,

 

Their is a system in this country regarding debt that allows people to have a certain standard of living. It has been agreed and accepted by all of the major banks and charities like the CCCS, CAB etc.

 

The way it works is that your income and expenditure is considered. Expenditure up to a certain level is taken as read, such as accommodation costs, travel, food, clothing etc. etc. There are certain items known as 'priority debts' - these include council tax, utility bills, rent etc. and anything secured against your property. After that, come other debts such as credit card bills and loans - these are non-priority debts. So this is an example of how it works:

 

Income: £1000

Expenditure on essentials and priority debts: £960

Amount left over: £40

 

£40 to be divided pro-rata between all of your non-priority creditors.

 

So if they take you to court, the first thing the Judge will want to see is your income and expenditure (He or she is entitled to that - a DCA is not). If the Judge can see that you have offered a lot less than you can afford, then you could be in trouble. If on the other hand they can see that what you have offered is all you can afford, that's it - game set and match to you and a black mark against the DCA for wasting the court's time in bringing the case at all. It has been known for people to end up paying less than they were voluntarily.

 

That's why they will accept it because they have to. That is also why you shouldn't divulge your income and expenditure to a DCA because they know they are taking a huge risk if they take you to court.

 

Trust me, they will accept £40.

 

Regards.

 

Fred

[mhjhrh]

thank you...this all seems very unreal not knowing each others name, i am not sure of the rules of the website if i am allowed to sign off my name....

 

i do thank you, i hope so much this gets sorted.

[katpuss]

thank you...this all seems very unreal not knowing each others name, i am not sure of the rules of the website if i am allowed to sign off my name....

 

i do thank you, i hope so much this gets sorted.

 

Well my name is Kath and I am a real person

[Fred Bassett]

thank you...this all seems very unreal not knowing each others name, i am not sure of the rules of the website if i am allowed to sign off my name....

 

i do thank you, i hope so much this gets sorted.

 

It's usually best to remain anonymous - DCA's do read this site.

 

Regards.

 

Fred

[katpuss]

It's usually best to remain anonymous - DCA's do read this site.

 

Regards.

 

Fred

 

I'm not bothered really to be honest. They know who I am and are well aware of my opinions.

 

Thanks though

[Fred Bassett]

I'm not bothered really to be honest. They know who I am and are well aware of my opinions.

 

Thanks though

 

To be honest, it wouldn't take too much for them to work out who I am because of the sarcastic remarks I put in my letters which I then post up here! But I'm not going to make it that easy for them. I also want to remain anonymous to anyone else who knows me. Like other people who live in Dorset!

 

Regards.

 

Fred