Triton threatening to put a charge on my house

[Dahlia]

Hello

 

I have been reading through the threads about Triton and would appreciate some advice on my situation.

 

I have a debt orginally with RBS which was transferred to Triton credit services in Oct last year.

 

I have never defaulted on the agreed reduced payments that I have arrived at with RBS or Triton but have to renew the agreement every 6 months.

 

I have now been told that if I do not pay them £400 a month ( which I cannot afford), which is what is expected as I am a home owner then they will take me to court and put a charge on my house.

 

I have never refused to pay or disputed that the debt is mine and I will pay it but cannot afford the increase- what should I do?

 

Any advice gratefully received.

D

[cerberusalert]

What type of debt is this?

I have now been told that if I do not pay them £400 a month ( which I cannot afford), which is what is expected as I am a home owner then they will take me to court and put a charge on my house.

They would need to obtain a CCJ first which is a long long way of yet.

[silverfox1961]

Hi

Well firstly, they should be following the lending code

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

particularly section 9

 

Why not use the letters in this link to help with your negotiations

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

Use the budget planner in the link or use the one from National Debtline

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

You don't say what type of debt this is or whether they have agreed to reduce or freeze the interest rate and charges

[Old Cogger]

report them breaking guidelines.

[Dahlia]

Hi

 

It is a bank loan with RBS, which I negotiated with them about when I first got into trouble paying ( hubby self employed etc).

 

There are no charges being added to the account.

 

At that time I used advice from here and made offer based on calculations of disposabe income, which RBS accepted and everything went well.

My account was then transferred to Triton which when they have started to demand ever increasing payments.

 

 

My income/outcome hasn't changed but they are saying that they have this amount of £400 a month that is 'expected' from home owners.

 

I currently pay £290 which I feel is reasonable.

[cerberusalert]

Triton are the in-house collection arm of RBS. It seems that they are trying to get as much money from you before they sell the debt on.

[silverfox1961]

Hi

 

It is a bank loan with RBS, which I negotiated with them about when I first got into trouble paying ( hubby self employed etc).

 

There are no charges being added to the account.

 

Any previous charges?

 

At that time I used advice from here and made offer based on calculations of disposabe income, which RBS accepted and everything went well.

My account was then transferred to Triton which when they have started to demand ever increasing payments.

 

If I'm not much mistaken, Triton are the in-house collectors for RBS

 

 

My income/outcome hasn't changed but they are saying that they have this amount of £400 a month that is 'expected' from home owners.

 

Did they put that in writing?

 

I currently pay £290 which I feel is reasonable.

 

I think you should do a recalculation and make a realistic offer. Your income may not have gone up but the cost of living has.

[alfwithhair]

My income/outcome hasn't changed but they are saying that they have this amount of £400 a month that is 'expected' from home owners.

.

 

They can expect what ever they want, doesn't say they will get it. What is being a home owner got to do with it?

Do they expect £400 from an unemployed home owner, but the rule doesn't apply to a tennents on £60k a year

Never heard such crap, what fairy tale book did they pull that from? But then all these collection agents are they same, tell you any old cobblers to squeeze every last penny out of you.

Triton are only RBS in house threat monkeys, just offer what you can realistically afford, if they don't like it tough.

Do it in writing and never speak to the cretins on the phone.

[Dahlia]

Hi

Sorry but what guidelines are they breaking- is there something I can quoate at them?

D

[Dahlia]

No previous charges, and no it isn't in writing about the £400. I was told this bit of info when I phoned them to have my 6 monthly review that at the next review ( Sept time) they will not accept less then £400 and will start legal action

[Muffintop]

For one minute I thought I was reading my own thead! almost duplicate.. http://www.consumeractiongroup.co.uk/forum/showthread.php?306013-Imminent-Charge-on-property-Lloyds-bank-Business-Loan-pse-help-someone...&p=3421091#post3421091

Im subbed and watching as already found some advice on your thread and mine RBS too.

Edited May 23, 2011 by cerberusalert
corrected link

[silverfox1961]

Quite simply, Triton are not taking your personal circumstances into account. You have been open and honest so the first part of section 9 says it all

 

Subscribers should be sympathetic and positive when considering a customer’s financial difficulties. Although there is an onus on customers to try to help themselves, the first step, when a subscriber becomes aware of a customer’s financial difficulties, should be to try to contact the customer to discuss the matter. This applies to both personal and micro-enterprise customers.

[Muffintop]

Little confused as to the lending code.. does this cover business loans also.. it says must be familiar with consumer credit act but dont think a directors loan (business overdraft) is covered by this sort of agreement?

What sort of loan was this? an ordinary bank loan like a consilidation loan after you had overdraft I too would like to know what guidelines they have breached if any

[Dahlia]

Yes it was a consolidation loan

 

 

Muffintop I can't seem to access your thread.

[cerberusalert]

Muffintop I can't seem to access your thread.

Try again I've repaired the link.

[Dahlia]

Thanks- can see it now

[silverfox1961]

No previous charges, and no it isn't in writing about the £400. I was told this bit of info when I phoned them to have my 6 monthly review that at the next review ( Sept time) they will not accept less then £400 and will start legal action

 

I just knew you were going to say that. This is just the reason we Caggers say STAY OFF THE PHONE. They will tell you things on the phone that they would never dare say in writing.

While you are making repayments, however small, they would look very foolish even trying to get this to court.

[Dahlia]

Thanks all you have helped so much and I feel much more in control of the situation now!Message received loud and clear about staying off the phone- communicaiton will be by writing only from now on.I have been looking at the lending code and have a couple of items I can quote to them for example they shouldn't be expecting a rise in payments if there has been no change in my income.

[brokebutnotbeatn]

I would do an I&E for your own purposes then write back and say thank you for the opportunity to review your circumstances and you have done so and find that as your income has not changed but your priority expediture has increased considerable you are now only able to support £xx.xx (less than you are currently paying). Reset your Standing Order and thereafter ignore the next few letter-tantrums. When you get to your 3rd of these reduce it yet again. You do not have to show them your I&E or justify your position. As long as you are happy it is sensible then it is sufficient to make that simple sentance saying this is all you can aford. Only a judge can demand to see your I&E and this will never get to court. Every 6 months is it more than sufficient to write and say your circumstances haven't changed or they have deteriorated. Keep the answer phone on and write and say 'in writing only as you need a written record for traceability reasons following intimidating and unreasonable phone calls'.

[Muffintop]

Thanks site team.

[Muffintop]

So just clarify this is an unsecured debt? this is different from my case in that ours was a business loan .. I dont think that a business loan is covered by the CCA

[Dahlia]

An update. I sent a letter advising them that my cinrcumstances haven't changed and that I will continue to pay the agreed £290, and asking that we correspond only by post. They have replied in writing ( that's a start) enclosing a income and expenditure form saying I have to complete it in order for them to consider my offer. The form seem pretty intrusive - eg asking for name and adress of employer- any advice?

[Dahlia]

An update. I sent a letter advising them that my cinrcumstances haven't changed and that I will continue to pay the agreed £290, and asking that we correspond only by post. They have replied in writing ( that's a start) enclosing a income and expenditure form saying I have to complete it in order for them to consider my offer. The form seem pretty intrusive - eg asking for name and adress of employer- any advice?

[Happyhippy1959]

Exactly what it is very intrusive. A little line with Only a judge can order this information but for courtsey I have enclosed a court orientated IE THATS ALL YOU NEED. AND YOU TELL THEM WHAT YOU CAN AFFORD. HAVE OVER 40K OF UNSECURED DEBT SOME WITH RBS

have me own house and have been paying token payments,,still got me house, never seen a court summons ( not yet ) and that is how I tell it.

[radmm0]

Dhalia, any update on your case?

 

Rgds.

 

radmm0