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newbie needing advice - mint/triton

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hi everyone

im totally new and in need of advice. Have struggled to keep on top of our debt fof many reasons over the last 6 months and have payment plans in place with Tesco and Mint. managing to keep on top of the rest - just.

Mint have transferred out debt over to their collection company Triton to recover the £6000 outstanding. I stupidly overlooked Octobers payment of £100 (which I only found out today) and made the november payment two weeks late.

Rang triton today and they offered me two options, repay the debt within 14 days and I can pay around £4000 in full or pay over 6 months at just over £1000 per month!

both are totally not possible and knowing that they now are sending a solicitors letter (also another arm of the company from reading on here)

any advice anyone can offer would be hugely appreciated. I will be requesting a copy of my CCA from Mint but not quite sure what that doe either.

So annoyed to have got myelf in this mess but now need a way to resolve it all.

please help!:(

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They can ask you to pay whatever they like but only a court can make you pay and, even then, it will only make you pay what you can afford.

 

You should request a copy of your agreement under the CCA as you say. They have 12 days to provide this to you. If they fail or they don't supply a compliant version (post it up here minus any personal details for checking) then you can place the account in dispute and stop paying them anything if you wish until they do actually comply.

 

The solicitor's letter is nothing in particular to worry about.

 

You say that you have been struggling to meet all the repayments. You need to make sure that you are non over-stretching yourselves to repay non-priority debts.

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well really I cant afford anything, im behind with the mortgage although clearing this debt and will have done so by about march. CC wise im maxed out on all cards but just about managing. feel like we could sink at any time but really doing our best not to.

What will the CCA do to help?

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well really I cant afford anything, im behind with the mortgage although clearing this debt and will have done so by about march. CC wise im maxed out on all cards but just about managing. feel like we could sink at any time but really doing our best not to.

What will the CCA do to help?

 

Please see the second paragraph in my original post.

 

Have you thought about approaching CCCS or Payplan?

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well really I cant afford anything, im behind with the mortgage although clearing this debt and will have done so by about march. CC wise im maxed out on all cards but just about managing. feel like we could sink at any time but really doing our best not to.

What will the CCA do to help?

 

Your mortgage is your first priority, try not to let that get too far behind at the expense of the likes of Triton and unsecured credit card debts

 

Tritons demands for £1000 a month are unreasonable, they should adhere to the guidlines as set out by the OFT. Here is the bit that concerns their activity with you: Scroll down to 2.6 F

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

In regards to the CCA, it helps establish if they have the ability to legally enforce the debt they're trying to collect and even if they do supply it it still may not be enforceable? When did you first take out the cards/debts you're having issues with?

 

The solicitors letter via Triton are par for the course, simple scare tactics designed to worry you into paying them how they want you to pay them.

 

Any agreements they send you you should come back here and post up for seasoned caggers to take a look at (remove your details obviously)

 

A word of caution for you, you have a property, to some of the more ruthless DCA's out there this is their payday (of sorts) they'll threaten you with applying charges to your property ....but for them to do that they'll have to take you to court (notwithstanding faulty documentation they may have provided etc...to get a judgement against you ccj and only then if you don't keep up the payments can they usually apply for a charge on your property...but a judge would only have you pay what you can realistically afford...and is more thzn likely considerably less than what you're paying now on your various arrears/defaults...as long as you kept you court payments up the dca would be the one losing out.

 

You need to educate yourself a little more, this forum and the majority of it's members will help you do that. You're just about keeping your head above water but you've come here because you're struggling and most likely found youy way when you were looking on the net for advice/help...desperate etc

 

Send off the CCA's let the DCA's work for the money and at the same time do no give in to a DCA's demands no matter how threatening they may seem. CAG can help you redress the balance.

 

I've been where you are, I've lived each month just paying out bills and existing, it's not nice, it can if left unchecked debilitate you, don't let it. All is not lost, so read up, ask your questions and arm yourself with knowledge and don't let these miscreant DCA's control your life.

 

As stated earlier, if you can pay your mortgage then pay it, don't fall behind with that on the back of outlandish and unreasonable threats from triton and as Angry Cat would say report them to the OFT'

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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There is an excellent template section here....it's an excelllent resource.

 

You can find the templates in the library 'debt collector' section found here

The Consumer Forums - Debt collectors

 

The letter for your cca is number 8

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Edit accordingly, print your name dont sign and send recorded and take a snapshot of proof of delivery of the Royal Mail website found here

http://www.royalmail.com/portal/rm/personal?pageId=tab_track_rm&catId=500185&mediaId=83900761

 

A further tip is to not ever speak to them on the phone, it's a kind of golden rule around these parts, they (the dca) will just tie you in knots if you speak to them on the phone.

 

Send your CCA with the correct fee of £1 and send it as a postal order.

 

You can check to see if the order has been cashed about 14 days after sending it.

 

Royal Mail number for checking a postal order has been cashed is 01246-542091

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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Hi there

normally good advice but there's really no such thing as unsecured debt any more -- the credit cards can be turned into "Secured debts" by means of charging orders which some Banks are issuing like confetti these days - so the old adage of prioritising your debt - mortgage first - might not be the best solution.

 

In the last analysis a "charging order" of even a trivial amount such as 50 pence is enough in theory for the creditor to be able to force a sale of your house --immoral isn't it - they lure you with an "Unsecured Loan" and then only when you've got into trouble you find out that through backdoor legislation they can force you out on to the Street via a "Charging Order".

 

I'm no lawyer but if you are paying 12% or even more on "unsecured" debt which nastily beecomes a "secured" debt then it might be better to pay as much off the credit card debt and see if you can re-schedule the mortgage as it has a MUCH LOWER INTEREST.

 

The whole idea of "Charging order" is really an immoral back door trick as there is 100% no mention of this when you take out the original credit card agreement.

 

Don't worry about "Credit rating reports" or other data going to these "tittle-tattle" companies like Experian etc etc.

 

Once you get out of the credit card mire and mortgage baclkog you can manage very nicely without needing a credit card ever again so you can safely ignore any of those "data will be sent to credit reference agency" type of threatograms.

 

Cheers

jimbo

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Charging orders are only usually made if a CCJ is gained and the judgement debtor falls behind on the payments ordered by the courts.

 

Until the law changes (I think I read somewhere that it may be scheduled for changing in the near future) unsecured credit card debts are still just that unsecured.


I reside in Dawlish Warren but am not a rabbit.

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Thanks everyone for your advice so far, Deb T you are right, I need to swot up with everything and I will. Part of the reason we were in debt was our high mortgage payments which have now dropped by £400 per month so thats a huge help. Have also got rid of the car which saves £150 a month and we are expecting a payment of around £4000 around March time which should help clear some debt. Im paying a fortune in interest to credit cards, especially Egg. Just need to stay afloat until our large payment arrives. will read up on the links thank very much. I have also just emailed my ex husband regading share I hold in the business but never see a penny from so im hoping to get them sold to him - fingers crossed.

Jimbo thanks for the message too, I hear what you are saying. Im definately not worrying about my credit report, I dont care what they say and I have no intention of having another credit card once these have gone.

forgot to add, all my credit cards and loans are from at least 2003, if not earleir for some, does that make a difference? thanks again

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Yes it does particularly where Egg are concerned...

 

See the egg forum here and you'll soon see what gives. There is also a test case going through the courts by a member here re Egg, something to do with their original credit agreements..I think the case is due early next year or judgement is, but read about Egg

 

It sounds like you're paying a lot out and if you're not worried about your credit record (neither are most people here, cra's are a joke anyway and with debt as it is I personally don't care much for credit cards, I won't have one again thats for sure, robbing ripping buzzards they are)

 

I was being slaughtered by the interest rates, I think I worked out with one debt that after paying them the minimum amount back and them then adding the interest for the next month it would have taken me until about 2135 or something to actually pay them back. Total rubbish.

 

In the end I took the bit between my teeth and quit paying them all, I defaulted on the lot (my situation had changed dramatically but I was still paying them) Let them all know I couldn't afford what they wanted....It took a few months and me sticking to my guns but I reached agreements with most of them to pay a small amount back each week, they of course defaulted me and my credit file was smashed but over the years it's dwindled to almost nothing the importance of my credit file, I don't need it but more importantly I don't want credit ever again.

 

But defaulting on them was some years ago, I've been paying them all via a selection of DCA's up until middle of the year which is when I joined CAG, now I pay 1 from 7, I've had one creditor admit defeat and have closed the file (letter stating said 'closure' is pinned to my wall) 2 of the five I'm not paying and are in dispute,(cca not provided) 2 have referred me back to the oiginal creditor (which in one case is hard because they've changed hands several times since) and I'm paying just one at the moment and I have one pending on a ffs....I'm sure one or two of them will eventually roll out the red carpet via Northampton Couty Court (bulk centre) but they can't have what I haven't got ...but I would end up paying them less than what I was giving them pre dispute and that wasn't a great deal.

 

Anyway, welcome to CAG, don't believe everything you read, do your research and ask your questions and you'll soon step up your game where the DCA's are concerned.


I reside in Dawlish Warren but am not a rabbit.

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thanks, I have my letters ready for posting tomorrow, one to mint and egg for cca and one to triton aying they cannot ring me and requesting mail only and also telling them they are breaking OFT guidelines with the repayment option given and that I am reporting them, oh I have also asked for a legal document to prove they have a right to reclaim debt instead of mint and have told them all post will be sent recorded delivery. anything I have missed or done wrong let me know!! have worded it all quite well (unlike above!!)

How did you not end up with loads of solicitors letters - or did you and just ignored them - sorry if I have misread part of your reply - very long day and im very tired...its bedtime!! thanks so much again for all the advice.

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Ok, get yourself a truecall. make the s78 requests and then post them up on individual threads,

 

sorry i cant agree with jimbo's advice- extremely rarely will a creditor put you out onto the street with a charging order- a total overstatement of reality, indeed they cannot even get a charging order unless they first get a ccj which you fail to pay./comply with the payments ordered by a court-

 

your PRIORITY is and always will be your secured debts so make sure they are satisfied before you worry about unsecured credit cards

 

get yourself a truecall- trust me you will find life dealing with these cards debts a whole lot easier

 

forget about cccs and paypal, as you are now on here you can do a lot better.

 

start a seperate file for each of your credit cards

 

send off s78 request to ALL of them, recorded delivery keep a copy use one pound postal orders crossed and made payable to the credit card company endorse the back of the order "payment for s78 request"

 

do not sign the letters.

 

when you get the replies back (give it 2 weeks) post them up on individual threads on here (with your personal details blanked out) and we will help you deal with them all.

 

can you tell me if all your cards are BEFORE april 2007

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thanks, I have my letters ready for posting tomorrow, one to mint and egg for cca and one to triton aying they cannot ring me and requesting mail only and also telling them they are breaking OFT guidelines with the repayment option given and that I am reporting them, oh I have also asked for a legal document to prove they have a right to reclaim debt instead of mint and have told them all post will be sent recorded delivery. anything I have missed or done wrong let me know!! have worded it all quite well (unlike above!!)

How did you not end up with loads of solicitors letters - or did you and just ignored them - sorry if I have misread part of your reply - very long day and im very tired...its bedtime!! thanks so much again for all the advice.

 

 

I did end up with some solcitors letter but I ignored them all (this was pre-cag) I was going through a tough patch 4 or 5 years ago, I went from doing well to earning nothing almost overnight, I carried on for a year or so (wish I hadn't though) borrowing from Peter to pay Darjinder but it's a slippery slope to oblivion when you do that (I didn't know this at the time, I thought I could do it....which is probably how you felt before you came here) but eventually you reach a tipping point..mine was when I had one of my credit cards reduce my limit and increase my interest rate by almost 10% for nothing more than a late payment..I was furious and contacted them (MBNA) who were altogether unhelplful and would not put things back how they were... was one day late in my payment.

 

It was then that I took time out, collected all my statemens, looked at all my finances and realised what an altogether unholy mess I was in...it frightened me ...I don't mind admitting it but it did.

 

I made a conscious decision to write to them all there and then (sent recorded) informing them that I would no longer be able to meet the monthly repayments and offered them all £25 a week each (way too much really) and I made the payments....and kept making them, some of course threw their toys from their respective prams but I continued unabated, I had been making payments right up until June this year and joining CAG. Initially thy all wrote back making all kinds of threats, adding various charges, sending me defaults, termination notices and assignment notices, all manner of things...I had oodles of them but I continuned paying and ignoried all their correspondence... one by one they accepted my payments, some accounts were closed & sold on etc..but esserntially they realisedI had nothing and if they didn't accept what I was offering there wasn't a lot else they could do about it.

 

Things changed a little middle of this year as in I joined Cag...and now I'm sort of empowered by what 've found here...I've still got my debts but some are not able to be chased by virtue or unenforceable agreements, some have terminated accounts on the back of a faulty default notice which reduces the debt to what was on the original default amount as opposed to the full amount (unlawful recission..it's on this forum do an advanced search) and other such anomalies. I've gone from paying £175 a month to £25 and I've rid myself of some of these dca's and I'm working on some of the others. I'm not ducking my debts I'm simply attempting to bring some clarity to them if you understand that and on some of them I'm using the current legislation to fight the coolection agents with. I guess eventually some of them will take me to court but there isn't a lot they can do to me and I don't have a lot to pay them etc...

 

DCA's and Original Creditors will have you believe that they're in the right and that there is little/nothing you can do about it...but stop, take a look at the 'won cases' on here and read other peoples posts....it simply isn't how it is, here is living breathing proof that debt sucks as do some of those out there trying to collect it. I owe money, nothing else and I am fugged if I'll let the carrion aka DCA's have me think that I'm forever indebted to them...

 

You appear to have done all things right, print your name, dont sign, all sent recorded, never speak on the phone to them EVER, keep times and dates of what you're sending and to whom and when/if they do send anything back put it up here (taking care to remove identifying details as some of the DCA's trawl here...and giving them the edge is not in the game plan).continue to read up, know the time limits they're under and their olbigations and generally get to understand how it all works.

 

Even if they're able to prove that you owe the debt and have an agreement that can be enforced it does not mean that you have to pay them what they demand, it's your money and your livelihood that is at stake, if you're paying more than you can afford then you're doing yourself no favours...

 

Good luck and keep reading/asking questions as amongst the many good things Cag has going for it is that it is information rich where consumer debt is concerned, some of the individuals found on cag (not myself I hasten to add) have more wisdom that Plato, Aristotle, Socrates, Solomon and Sean the Sheep put together.....

 

PS: There is a donate button on here somewhere and whilst it's not a pre-requisite of being a member of the site I've found that by my making a donation every now an again I sleep better at night cos I know that by doing so I'm going to find Cag still up and running in the morning. Life without Cag? Oh dear :D

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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I cant believe how much better i feel about things having done some basic reearch, read all your posts and started to take positive action, such a huge weight has been lifted already and its great. Im sure I have a very long way to go but hopefully this is all a lifeline! My debt comes from a divorce and having to start over again in life and the set up costs of running my own business which I still have and I am determined it will succeed! I have a young baby and one way or another I will not have him growing up watching us struggle. something has to give and now is the time.

A few questions....

all my credit cards are from well before 2007 apart from nat wide which is around that time. the rest, mbna, barclaycard, egg, tesco & mint are all years old. would it be advisable to get ccas off everyone or just the ones im struggling with paying? can I just single out a few or is that discrimintation?!

also I think over time I have been hugely concerned that should I fall behind and get taken to court I would be totally humiliated having to stand there and be blasted for debt by some judge who can then demand I sell my house...im sure this is not how it happens but it terrifies me.

when my large payment arrives next year whats the best thing to do with it...do I pay it towards the highest debt or charges - my mortgage debt will be cleared before anything but what then?? do I pay the likes of mbna which is only £950 debt or do I put it towards egg who charge massive interest and I owe £5k too....

Few people know the financial situation we are in and on a peronal level I owe my parents around £25000 which they loaned me as a deposit on my house - I only repay £100 a month but they would be mortified to find out im in a mess otherwise.

what a mess.

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just thinking....if I only offer to pay them a much lower amount than expected what happen with the interest...surely it just builds and builds and I will end up in even more of a mess?

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get them ALL- you need the basic information as to which ones are enforceable and which ones are not (most i suspect) before you tackle which ones to pay and which ones not to pay

 

at the end of the day when you are in a mess- if any end up as ccj's the payments will be low and there will be no more interest worries - so you are in a win-win situation.

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