OH's RBS credit card

[paulh1818]

Hi. I've been getting letters from Triton regarding my OH's RBS credit card. I sent them CCA request on the 11th of Feb and today we got a letter from Green & Co solicitors dated the 8th of Feb. It says they are 'likely' to be instructed to commence court proceedings if we don't pay, or make a reasonable proposal within 7 days. Well, 7 days have already passed and I can't pay anyway! The letter does indeed look like a real solicitors letter, good quality paper. Althought, the 'type' is very triton-ish. Will they take us to court? I don't think I can face that. I did send the CCA if that is still valid. Thank you.

 

Paul

[Rocky Roadster]

Hi Paul.

I got a similar letter from Green, and when I researched I found that she is not a practising solicitor, but an employee of RBS, used to put the frighteners on. I wrote back and reminded her the account was in dispute and it all went quiet. I don't think it is any more than a hollow threat.

 

Hopefully someone with more experience will be along soon.

 

Good luck,

[Revenant]

Hi paul

You could always send them a copy of your CCA request and stall them plus I'd be very tempted to point out that a demand for payment etc with a 7 day time limit that takes 8 Days to arrive is unfair, unprofessional and totally unreasonable (I did this to Phillips LoL)

Give them something to think about but keep the letter and envelope safe for future ref

Good luck

R

[DonkeyB]

Hi paul

You could always send them a copy of your CCA request and stall them plus I'd be very tempted to point out that a demand for payment etc with a 7 day time limit that takes 8 Days to arrive is unfair, unprofessional and totally unreasonable (I did this to Phillips LoL)

Give them something to think about but keep the letter and envelope safe for future ref

Good luck

R

 

Don’t post it for 8 days, and demand a reply with seven days.

[Revenant]

Don’t post it for 8 days, and demand a reply with seven days.

 

Nice one DB

[paulh1818]

lol I may just do that! Thanks guys. I think rocky was right. after a quick search on here it does seem like they are RBS's in house 'firm'. So, I don't think I need to panic about court just yet.

[diddydicky]

Hi Paul.

I got a similar letter from Green, and when I researched I found that she is not a practising solicitor, but an employee of RBS, used to put the frighteners on. I wrote back and reminded her the account was in dispute and it all went quiet. I don't think it is any more than a hollow threat.

 

Hopefully someone with more experience will be along soon.

 

Good luck,

 

interesting comment- you say she was using a sols letterhead and claiming to be a sol- but was not? this need further action if it is the case

[rockwell304]

The following posts on Green & Co are from another site;

 

It is an offence to pretend to be a solicitor under section 21 of the Solicitors Act 1974 which can result in a £2,500 fine in a magistrates court. The more serious offence of acting as a solicitor under section 20 of the Solicitors Act 1970 can only be dealt with by the Crown Court.

If you wish to complain about the situation, you should address it to the Legal Complaints Service (www.legalcomplaints.org.u k). The Law Society split itself into different bodies last January. The Legal Complaints Service now deals with all complaints against solicitors whilst the Solicitors Regulation Authority (www.sra.org.uk) sets all the rules for solicitors.

http://www.sra.org.uk/solicitors/code-of-conduct/guidance/1088.article

 

 

This is allegedly how they work, picked up from another forum.

 

It seems that Green & co is a trade name of the Royal Bank of Scotland, which only covers solicitors they contract.

 

what happens is that this letter is sent out by RBS (not by a solicitor) in a standard template, and they then contract a solicitor under that trade name if they wish to go forward. This is confirmed by the print at the bottom of the letter, that this is the 'practicing name of solicitors employed by the Royal Bank of Scotland'. In other words they are not actually a law firm, and do not retain solicitors on staff, but any who are asked to represent RBS use this name if they are later contracted by RBS

 

Green and co is therefore simply a name under which of RBS pays the contracts to solicitors. However there is the name of the principle at the bottom - j.a.m. green l.l.b.

If this solicitor does not exist, this does appear to contravene the OFT collection guidelines and the Law Society may also have concerns about. However, I do seem to recall that RBS were challenged about this before and it was not found to be unacceptable to use this. This was on the basis that RBS might contract a lot of different solicitors.

 

As this is a new thread, without looking at your previous posts, have RBS/Triton sent you a valid CCA? What letters have you sent them so far?

It would only be worth writing to these people to challenge them to supply information to substantiate that they have the required original documents which are capable of being enforced by a court. And that you would defend any such action, should they decide to proceed in that direction.

[diddydicky]

knowing that green & Co therefore is RBS - and if (as is usual) green and co back down- that could be useful information in any future court proceedings as if it has then been passed to a third party- one could argue that the OC themselves had "backed down"

[paulh1818]

I'm still waiting for a response to my cca request. The 12+2 days havn't expired yet though.

[ba85]

I am in a similar situation with RBS/Green and Co. I am still waiting for a response to my CCA request after 21 days

[Revenant]

I am in a similar situation with RBS/Green and Co. I am still waiting for a response to my CCA request after 21 days

 

Morning ba85

Have you followed this up with the failure to comply letter . . http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Don't sit back and assume that they'll take it on board they've failed you've got to tell them

Regards

R

[ba85]

Revenant, yes I have just followed it up with that letter. Thanks.

[paulh1818]

Just checked on the royal mail track and trace. My cca hasn't been signed for yet. I posted it last friday.

[curly bob]

Hi Paulh1818

 

Give Royal mail a ring the last 3 items I sent to Triton didnt show up on track and trace but when I spoke to Royal Mail on the phone they confirmed that they had been signed for and gave me a name, apparently all signed for stuff gets picked up in bulk by Tritons lot so they just have to sign once for up to 20 items

 

Good luck

CB

[paulh1818]

Ah thanks curly bob. Will give them a ring in the morning.