Triton (Tesco debt) Threatening Court action

[afi121]

Hi Guys ,

Let me begin by saying what a great and helpful sight this is. I have spent all evening reading through the posts and decided to join. My situation is as follows :

I used to be a taxi driver and lost my job due to Lumbar Surgery in January 2010.I am unemployed at the moment and living in rented accomodation. I have two crediters, the first I owe virgin money ( MBNA) over £10,000 and Tesco (Triton) £2,500.

I can not pay both companies at the moment. They have been chasing me with threatening phone calls and letters. I have recently sent my personal budget sheets and letter of Token Payment of £1 per month to both companies. I did this upon the advice of the national debt line.

Recently i recieved a letter from Triton, indicating that they have instructed their solicitors to commence court proceedings.

 

I would appreciate any advice on this situation.

 

Thank You

[Cadbury1879]

Hi aftab,

you have taken the correct route, contacting National Debtline and sending them your payment proposal.

There threats of court action are pretty hollow, what is the worse that they can do,obtains ccj the court will then order you to pay what you can afford within your circumstances.

Your credit rating will be seriously damaged but will be anyway by not paying the contractural amount. If can if you wish contest any claim made through the courts,remember the golden rule do not communicate verbaly, writing only.

Others will be along to help

all the best

Cadbury

[firstship]

Hi aftab not to much to add cadbury 1879 and I agree you have taken the correct route,

 

Tesco use HBOS to run their credit card and banking service and Triton is HBOS debt collection arm so same company.

 

As long as you are paying what you can honestly afford their threats are pointless and they will know this,just keep up your payments.

 

If you are taken to court you will find the judge will come down on your side and not be impressed that Triton are wasting their time. at this stage I am sure it will not go that far.

 

As you are getting harassing phone calls,there is a template letter on this sites library which covers this situation

 

DO NOT speak to them on the phone only ever in writing,just refuse their security questions and put the phone down.

 

All the best FS

[MARTIN3030]

I echo whats been said.

Both companies are required to uphold the Lending Code which lays down their responsibilities.

The phone calls can be stopped so long as you continue to communicate in writing.

I suggest that you start threads for both issues in the appropriate forums.

Keep us updated as per the response from MBNA.

Can you confirm if these accounts are both still with the original creditors ?

You can find this info on your credit files.

[afi121]

thanks to you all .i am realy greatful for quick responce.i am very new to this ,i request the site team to tell me witch is appropriate forums.and how to get on to them?

thanks onec again

[MARTIN3030]

Ok I will move this one here first of all,and give you a link to start the other.

If you have any questions dont be afraid to ask,or else click on the black triangle in the bar at the bottom to get some help from site team.

[MARTIN3030]

For your Virgin Money account you should initially post here;

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?173-Debt-management-and-Debt-self-help

 

Can you give some background info such as when the payments stopped,if the account still open,what comms you have had with them etc etc..and we can take it from there.

 

Also if you can say if you have statements for the account and if there were charges levied for late payments/failed payments and so on.

[afi121]

hi

thank you all . i do not have correct record for both lander ,when i stop paying i do not remember, i think it has been nearly a year. i rang both lender MBNA AND tessco for full record /statments but they were not helpfull.i wander if they are legally bound to give me the info i am looking for as i am willing to give the fee. (which i belive is £10)

As to site team questions . the both lender kept ringing and writing for payment but i had no money to pay.they have put up lot of charges .when I stop paying MBNA i think i own them in rigin of £8,300 now it stand at over 10,000. so you see how much they have put up.but ever since my trouble started i kept them informed and requested to freez , intrest and every thing els, but this was all over the phone and only thing they were intrasted was payment .Talking to them was if i was talking to a computerize and progame robot. sorrey to put it like that!

Rgard to you all

afi

[twofoot]

As a taxi driver you would have been self employed. Did you have payment protection insurance on these debts, it could have been miss sold to you.

[debbbbsy]

tessco for full record /statments but they were not helpfull.

 

Tesco are not the lender (simply a broker). It is RBS who you ulimately owe the money to. Triton are actually the inhouse recovery department of the RBS. Triton don't mention this, but if you take a close look at the bottom of one of there letters, it quite clearly states they are RBS.RBS do this, so they can protect themselves from any unacceptable conduct.

 

Debs

[afi121]

hi there

Twofoot and Debs thanks for your reply.i did no had payment protection insurance . can you give me any advice how to get my statments/record from them.

thank

[Undercover-Elsa]

Hi Afi,

Welcome to CAG

Great advice so far. There's a link to the template letter for the Subject Access Request in my blog, linked below.

The SAR will provide all the data the companies hold on you. More info in the blog,

 

 

kind regards,

Elsa x

[debbbbsy]

can you give me any advice how to get my statments/record from them.

 

To get statements send a Subject Access Request.

 

 

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

 

 

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

 

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

 

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

 

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

 

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

 

I have only had dealings with RBS/Triton. Also in this request, specifically request a copy of your "Diary Event Hisory". This is the banks internal log of all internal interventions on your account. Phonecalls. letters everything that Triton have done.

 

For RBS accounts, send to

 

Joyce E Tudor

Regulatory Risk

Business House B

PO Box 1000

Edinburgh

EH12 1HQ

 

But to ensure you get everything, The SAR & £10 to Joyce, but also copy Triton on your request. That way you should get everything.

 

Debs

[afi121]

hi there

Triton has send me postal order £10 back which send for SAR. they ask me tosend it tesco. In the mean time i recived a letter from Tesco Accepcting my offer of tocken Payment of £1 per month.

Imade request for CCA from Tesco . i have not recive any thing from them.on my Credit file they Deaulted me on 30/12/10 for £2283.00. i have made 1 payment so far . what is my next step . Thanks in advance

afi

[twofoot]

If they have accepted the quid a month then you should pay it unless you want to drag it out and dispute the debt.. Do not use direct debit as they can changethe amount. Either send it by post or do a standing order. Bear in mind it will never become statute barred whilst you are paying. Choice is yours.

[firstship]

Alfi..Triton are Lazy sods it would be very easy for them to transfer your SAR to Tesco,no worry.send it to tesco.

 

Carry on paying the £1 per month it is important to have a payment record

 

My guess is the SAR will produce charges and maybe PPI which is reclaimable

 

regard FS

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.