Phoenix Recoveries / Triumph Recoveries

[Anonguy]

Hi all,

 

I'd love some advice please concerning this issue.

 

I sent a CCA request to Fairmile Limited Partnership c/o Triumph Asset Services in May 2007, and received no reply, until Feb 2008 when I got a "Final Notice of Intent" letter from AIC, acting on behalf of Triumph. I respectfully(!) reminded them that they had not complied with my original request, and sent a copy of my initial. Nothing until a few days ago, when the attached "Statement of Account" came through the post.

 

(1) Can anyone shed some light on what thisis? It refers on the top to "As required under Sections 77-78 of the Consumer Credit act 1974"

 

(2) They have taken the original £1 Postal Order OFF of the original outstanding balance (which I thought wasn't allowed, as it was payment for the CCA request)

 

(3) Is this even lawful to send this, as the account is in dispute as I have never received a CCA of any description?

 

(5) What would my best course of action be when replying to this?

 

(4) Can I / Who should I complain to about this, as it's starting to really get me down mentally.

 

I really appreciate any advice you can provide.

 

Many Thanks,

AG

S.PDF

[berrylover]

Who sent you this?

[Anonguy]

Phoenix Recoveries acting on behalf of Triumph Asset Services

 

More info detailed on the top of the letter.

 

Thanks again

AG

[berrylover]

It is just a statement. Send the "bemused" letter to them. They cannot enforce payment as the account is in dispute.

[Anonguy]

It is just a statement. Send the "bemused" letter to them. They cannot enforce payment as the account is in dispute.

 

Bemused as in ".......failure to comply iwth the CCA request renders the alleged debt unenforceable" letter (i.e. the one I sent to AIC in May 2008, or another bemused letter; in which case, is there a temnplate for such a thing?

 

Really appreciate the help given on here

AG

[Revenant]

Hi Anon

 

As far as I know new regulations mean that you must receive at least one statement per year from whoever holds the account and that's all that seems to be

 

I think that as they seem to have failed with your CCA request they still haven't got much of a chance in proceeding and if they've taken the £1 off the account that's up to them but it doesn't count

 

Can i suggest that you remind them that account is in dispute and then let them stew, if you have your copy of the original CCA request send them that too for good messure

 

 

Good luck

Edited October 27, 2009 by Revenant
smelling pistakes - fingers faster than brain

[nativestranger]

Hi All

 

I am also having problem with Trimph. I requested a cca back in october 2008. This was the second request after they did not comply with my first request. I received a post from them today, since my request back in october 2008, in the form of 2 documents, a statement of account (the first ever) and a notice of arrears but no cca. My debt has now soared from 500+ to £1,031.75. They have been charging me interest at a rate of 26.400 per annum. When I first requested this information back in 2007 they initially told me that they do not give out such information. Hence, my reason for requesting a cca.

 

As this debt is now mounting I would appreaciate some advice as to what action I should take. I have already contacted the Financial Ombusdman who will be sending me a complaints form. But they said that I would still need to pay the debt. It's not that I do not wish to pay this debt but I think the interest is extortionate.Especially when they initially told me, when the debt was first passed to them, that they would not charge me interest. I have also learnt that even if they do not send me the cca they can still take me to court and I would have to pay all charges incurred. Is this so?

 

Please advice.

Edited October 27, 2009 by nativestranger

[Huff&Puff]

The FOS are out of order telling you that you have to pay :mad:The debt is in dispute until such time as they send you valid CCA, and while it is in dispute you do not have to pay anything. After 6 years from the last payment it will become statute barred.

 

Their attempts at adding unlawful charges are just an attempt to get you to pay up, a court would not enforce them.

[nativestranger]

Hi Huff/Puff

 

I am very grateful for your prompt reply. Is there anything I should do with regard to this debt? Should I send another request for cca? As I am very worried about this debt especially as it's increasing. Where do I currently stand. What can/should I do with regard to them taking court action, though they have not yet said they would do this. Also how does it affect my credit rating in particular if I want to get a mortgage?

 

Thanks again

Edited October 27, 2009 by nativestranger

[B3rty]

have also learnt that even if they do not send me the cca they can still take me to court and I would have to pay all charges incurred. Is this so?

 

No this is wrong..

 

Under a s.78 request they have to produce a copy of the original agreement many will send a copy made up from records but to enforce through the court need to produce a copy of the original with your signature

 

Send a dispute letter and don't accept any threats or bullying

Edited October 27, 2009 by B3rty

[nativestranger]

Hi

 

Thanks again for your reply. Pls forgive my ignorance but I am unsure as to what it means. R u saying that they can not take me to court whilst the debt is in dispute or that if they do I would not have to pay the charges?

[B3rty]

They can take you to court at any time, however to enforce they would need to produce a copy of the executed agreement containing all the prescribed terms..

 

Right now they haven't even produced a poor copy of an application form..

 

Putting the account in dispute is your legal right after 12 working days following a CCA request and whilst in dispute they may not enforce the agreement

 

Enforce is a grey term and technically means through the court however the OFT says this also means trying to collect or default /terminate the agreement.

 

The Consumer Forums - Debt collectors

 

Have a look through these letters but no 20 is the one you want...

[Anonguy]

I think that as they seem to have failed with your CCA request they still haven't got much of a chance in proceeding and if they've taken the £1 off the account that's up to them but it doesn't count

 

 

With the greatest resopect, if I could refer to my original posting, doesn't the fact that they took £1 off the amount affect the statutle of limitations, as they could now say that I made a payment and the clock gets reset to this date?

 

I think the fact there is no valid CCA after this time means they may not be a position to do much, but I'm mightily p****d off that they continually flout the regulations without any respect for us or themselves.

 

I would like to go to the appropriate authorities, but would very mch like some guidence on who and how this can be achieved.

 

Thanks again,

AG

[Huff&Puff]

What they do with the pound is up to them. But make sure that you keep a copy of the letter requesting a CCA, that way if they ever did try to be naughty in court and say that you made a payment, you will be able to show that you didn't. But, as things stand, there isn't any action that you can take, because they haven't actually done anything wrong, at least as far as the pound goes.

[Anonguy]

Thanks Huff&Puff......I'll send them the "gentle" reminder that they still haven't complied with te CCA request and see what happens from there.

 

Cheers,

AG

[B3rty]

Send the account is in dispute letter

[Revenant]

With the greatest resopect, if I could refer to my original posting, doesn't the fact that they took £1 off the amount affect the statutle of limitations, as they could now say that I made a payment and the clock gets reset to this date?

 

Hi AG

There are very many threads on here that have contained exactly the same thing, DCA has put the £1 fee against the outstanding account but don't worry as has already been said that will not affect anything as the £1 is a statutory fee for their compliance

Good luck

[Anonguy]

Thanks so much everyone...will update as and when I get a reply.

AG