Triton/RBS - next steps

[inacorner]

I took some advice from here recently and sent Triton a CCA request last week on 3rd June

 

I've now had their response dated 8th June (Royal Mail Tracking not showing it as delivered!! ) saying its been forwarded to RBS who will contact me in due course and that they trust it clarifies the matter.

 

Co-incidently I received a letter from them dated 3rd June saying that there is a payment review due - I currently have a debt management plan (set up by me) and am paying them £15 per month. Basically they say they want to up the payments to a level to clear the balance and to contact them by telephone, if I dont further action will be taken to get full balance, interest (currently frozen) and costs.

 

What shall I do next, who was responsible to provide CCA and do they now get longer for refering to RBS, or can I send a dispute letter now and to whom?

 

thanks everyone

[cerberusalert]

Wait until they provide the CCA, if they fail to do so 12 working days from receipt send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Guest Cartaphilus]

Wait until a CCA is supplied.

 

I think you can ignore that letter of theirs, they shouldn't be writing to youanyway (they know it but are relying on you not knowing it) during a CCA request. If they have passed it to RBS then I think you can safely ignore any letters from them until one has been provided.

(Royal Mail Tracking not showing it as delivered!! )

Happens, sometimes, usually to a PO box; however there is a way to get confirmation which won't always show online. I will keep that for later, though, as obviously they got your letter in order to reply to it. If you paid by postal order it is also possible to obtain confirmation if it's been cashed but I don't have the phone numbers to hand (googling might reveal them as they are on CAG somewhere and/or MSE).

Basically they say they want to up the payments to a level to clear the balance and to contact them by telephone, if I dont further action will be taken to get full balance, interest (currently frozen) and costs.

Oh, no ... they can't They cannot demand you make higher payments. It's what you can afford to pay not what they dictate you must/can. It's covered in the OFT guidelines somewhere as well on this very thing.

 

In other words Triton is just trying it on. But without a CCA they can do nothing anyway.

 

if I dont further action will be taken to get full balance, interest (currently frozen) and costs.

Do they say 'will' or just 'if/may?'

 

Unsure about the dispute letter because the 12+2 working days haven't elapsed so would be sent after that had elapsed. Others will know more.

 

Crossed post.

[cerberusalert]

Don't forget that Triton are the in-house collection arm of RBS.

[inacorner]

Does that make a differecnt to anything ie timings for letters etc?

 

To clarify

 

their letter asking for increased payment stated 'may' not will take further action

 

the CCA request was delivered on 7th June

 

so 12th working day is 22nd June (assuming 7th counts as day 1) so if nothing by then send letter above - does it go to Triton or RBS now they've forwarded

 

can someone clarify please

[cerberusalert]

Does that make a differecnt to anything ie timings for letters etc?

No

does it go to Triton

Yes

[inacorner]

cheers

[inacorner]

the date to send the default letter is coming up and I just want to be sure about the letter to send do I refer to Triton as you (as in creditor/rbs) or your client Im confused as to who is in default Triton or RBS

 

I assume that Saturday arent classed as working days is that right, so given they Triton got the letter on 7th the 14th working day is 22nd so if I dont get my cca on tuesday I can go with the dispute letter? DO I date it 22nd or 23rd

 

cheers

Edited June 19, 2010 by inacorner

[cerberusalert]

They are one and the same, Triton is just another department within RBS. Send the letter to Triton tho'.

[inacorner]

so do I refer in the notice as you or your client?

[cerberusalert]

Well they refer to themselves as their client so why shouldn't you?

[robcag]

In these sort of circumstances (i.e. where in-house debt-collectors are involved e.g RBS/Triton) I usually address them as "your so-called client".

 

Not a big deal, but it gives them a clue that you know the score.

 

Cheers

Rob

[Helios]

Usually write 'Dear idiots' at the top of my letters to triton

[inacorner]

cheers

[robcag]

Not sure if anyone on CAG has already posted this before, but I've just noticed how remarkably similar the word Triton is to 'Try-it-on', which is exactly what they seem to do most of the time!

 

Cheers

Rob

[inacorner]

They didnt provide the cca so I sent the default notice last Wed shall I stop the payments I've been making, currently £15 per month or drop them to a token amount of £1 for the time being??

 

What happens next, if the dont respond in the 14 days ?

[Bazooka Boo]

Yes STOP the payments, even at £1 a month this only encourages them not to comply with your request.

[2Grumpy]

They didnt provide the cca so I sent the default notice last Wed shall I stop the payments I've been making, currently £15 per month or drop them to a token amount of £1 for the time being??

 

What happens next, if the dont respond in the 14 days ?

They will just carry on exactly the same

 

The most that will happen is that there will be 6 month gaps with nothing happening in case you have gone to the financial ombudsman.

 

They want to maximise their income so they will bully you to attempt to make you increase your payments. They want you to phone so that they can do that more easily and so that there is no record of what has been said.

 

Triton are part of NatWest

 

NatWest are very poor at providing real copies of Credit Agreements that are very old.

 

It is up to you how you continue making payments

 

I would be adding up any penalty charges & the interest charged on them so as not to overpay them in any event

[inacorner]

How does that work then if Triton are Natwest and the debt is RBS?

[TheContendor]

RBS are the parent company and technically own Natwest. They both use Triton before selling/passing on bits 'n bobs.

[cerberusalert]

See; National Westminster Bank - Wikipedia, the free encyclopedia

[inacorner]

ah right - cheers

[inacorner]

I've now got the CCA with T&Cs which bits should I post up

 

There are also what appears to be a letter used when sending a replacement card with T&Cs attched

 

I assume as it no longer in dispute that I should commence payments again

[Helios]

Wait, post up on here they have sent you, so the people on here can have a look to see whether its enforceable or not without your private details

 

Document must have the prescribed terms in all 4 corners of the page and your signature

[inacorner]

cheers I'll post up tomorrow night