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Confused with AIC Demand!


Just Cause
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I have been under debt recovery for five years with Triton Credit Services for a loan taken out with NatWest.

For the past twelve months or so, I have been paying them £4/month in monthly repayments. Recently,

in correspondence,they said they could not take this money as my income-expenditure statement did not show

affordability (in fact, I was funding these £4 repayments from my Job Seekers Allowance, and had clearly shown

this in the IE statement), and I had offered to keep these payments going, even though I am experiencing

severe financial hardship.

 

Soon after, I received a communication in post ( a yellow card ) from AIC Debt Collection Agency. They said

they were demanding full immediate payment of the outstanding balance on behalf of their client NatWest,

who had demanded full repayment. I have never received such a demand from NatWest/Triton.

 

I am not sure whether they have bought the debt from NatWest or are genuinely acting as an agent on their

behalf (as stipulated in their yellow card). If they are acting bona fide on behalf of NatWest/Triton, why the

inconsistency in the two approaches? I have received text messages and voice mails from AIC and, on the

advice of this forum, have refused to reply to. They have been sent to my mobile number. I have now

changed my number to avoid the calls. However, they have NOT called on my landline. I have been quite

open with this number with all my correspondence to Triton. I would have thought that if AIC were working

closely in collaboration with NatWest/Triton as an agent, they would have been given this number.

 

 

I sent them a letter('Recorded Signed For') with a CCA request (as advised by this forum), enclosing

£1 Postal Order for handling fee. They replied promptly stating that, since they were acting on behalf of

NatWest, they were UNABLE to comply with the request - rather I should contact Royal bank of Scotland (RBS) direct for the required documentation. They sent back my letter (with enclosed Postal Order for £1), PLUS the envelope with the

'recorded signed for' sticker on it. It strikes me as odd that they would not wish to keep the letter on

their files. I stated in my letter that all future communication was to be conducted in writing.

 

So, if they are acting as an agent on behalf of NatWest, is it still not their responsibility to provide me

with the original CCA?

 

What should my next move be? Wait until they write again with another demand?

Do I then write back informing them that they are in breach of the law since they could not provide CCA, and

the debt is in dispute?

 

All help in this matter is greatly appreciated.

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So, if they are acting as an agent on behalf of NatWest, is it still not their responsibility to provide me

with the original CCA?

Oh yes it is;
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.

 

Do I then write back informing them that they are in breach of the law since they could not provide CCA, and

the debt is in dispute?

Yes. ;)
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I LOVE the Warning! written in black on top of their yellow cards! So very scary!

 

One letter to Mr. Dickey earlier this year saw them throw in the towel - AIC really are ALL bluff and bluster! Of course, NEVER speak to them on the phone, they're foul. They make me ashamed to admit I'm Scots too.

 

Once you get rid of them it will just pass to yet another bottom feeder and so ad infinitum. My alleged debt with LloydsTSB has so far been with SC(u)M, AIC and now Apex. I wonder what lucky DCA will be next?

 

It's just a case of holding your nerve, churning out the appropriate template letters and taking good advice from fellow CAGgers.

 

Good Luck!

 

 

Impecunious! :-)

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