Cabot/restons Claimform - old Halifax Credit Card 'debt'

[joel.hall]

hey ive just joined, came across this on a google search. im having problems with triton too, as it happens theyve phoned me today.

 

they sent a letter a few weeks ago regarding my natwest credit card. this debt had been frozen for one year as i became ill

, and lost my job. now its active again, and triton are demanding the full balance.

 

i offered ten pounds a month (im on benefits and have agreements for this amount with three other debt collection agencies).

t hey set this up, then called a few days later, telling me that they couldnt accept the offer,

and demanded either the full amount or 50 a month as the debt 'has' to be cleared in 6 months or they go to court.

 

 

i told them to jump frankly. then called the debt helpline.

they agreed with me - if i dont have it the court cant get it. i live with my parents, have no savings, no assets, etc.

 

another note is i had insurance on my cards and loan, to cover all of them (alledgedly) -

in fact three lots of insurance each covering all my debts. needless to say they refused to pay out.

 

i next phoned natwest credit card services, to ask the bank to stop sending threatening letters

(the tone of these triton letters and the people on the phone is not exactly 'good customer service').

 

 

the conversation went like this:

 

bank: 'its now been handed to a... triton credit services'

 

me: 'no im afraid you dont understand, triton credit services is the royal bank of scotland'

 

bank: 'um... oh yes i am sorry they are employed by us'

 

me: 'no i think you misunderstand, triton is the royal bank of scotland'

 

then she tried to talk her way round it (unsuccessfully) and i think she was quite relieved to get this awkward customer off the phone.

 

all went quiet, until today (theyve been ringing the mobile now).

 

 

ive just been told triton have just been instructed by rbs to collect me credit card debt, a

nd could i pay off the balance. seemed surprised when i said no.

 

 

then asked how much i could afford. '£10' i said.

 

 

next came the usual stupid question i get

'are there any friends or family who could give or loan you the money?'

needless to say other people are hardly going to pay my debts for me.

 

after i said no i got the reply 'well we will now have to hand this to the court for legal, blah, blah, expect in 7 days to reeieve a letter....'

 

at that point i said ok in my most cheerful voice and hung up.

 

my health condition has worsened due to this.

i have no idea where either of us (the bank and i) stand legally on this thing,

and could really do with advice. the cab is impossible to get hold of and im pretty much housebound anyway.

 

im perfectly prepared to pay what i can afford, but wont be bullied or take any nonsence from these idiots.

besides, my health is suffering again, and quite frankly it does cause me to over-react

(sometimes to the point of losing my temper with them in a big way).

 

i noticed , something about a letter.

what is the purpose and possible outcome of this letter a

nd how do i follow it up?

exactly how does the rbs get away with these sort of tactics?

 

sorry for the rant,

 

joel

[joel.hall]

ok ive got quite a few debts, though several of these are with debt collection agencies, who have allowed for a reasonable repayment plan.

 

however, the nat west is being extremely unreasonable in their demands and tactics, and im not too boned up on the law here, so could do with some advice.

 

first debt is the credit card. this is not a large debt - around £400 - and dealt with by triton. ive sent triton letter n (requesting a copy of the cca), and am waiting for a reply.

 

the second debt involves a personal (unsecured) loan and overdraft of around £9000, dealt with by regal.

 

ive been contacted by phone, and called back which resulted in a blazing row. needless to say they tried every trick in the book.

 

personal circumstaces are i am claiming income support for sick, have been for three years nearly now. i own no property, have no savings, and live with parents (who are not too pleased about these companies ringing constantly).

 

what id like to know is:

 

1. what are the possible outcomes of my cca request?

2. what is the next course of action if they do not comply?

3. ive had no letter from my bank informing me that the debt was being passed to anoter agency. how does this affect their, and my, rights?

4. ive not long spoken over the phone to someone from regal. do i have to provide and income/expenditure breakdown for them?

5. can they send an 'officer' to my home to discuss the debt without an appointment?

6. how does it affect my rights if they refuse my offer for repayment?

 

sorry this is such a long list, but im at my wits end and this is seriously affecting my health.

 

thanks in advance.

[postggj]

1/ they dont have it/acount put into dispute until they comply

2/ if they ignore a cca request and you have confirmed receipt by recorded delievery/acount in dispute/bog off till compliance

3/ send you bank an sar request

4/no,no,no,no/ never speak to a dca on the phone,allways in writing

5/ no,no, no,no just a threat as the norm

6/they refuse your offer of payment, if it goes to court a judge will prob award paying them less, its not in there interest unless you are a home owner

 

you dictate the terms on repayment

 

not the dca

[cymruambyth]

Hi, welcome to CAG and try not to worry (much easier said than done). You will receive support and help. The first and most important piece of advice is do not talk to them on the phone. If they ring refuse to answer their security questions, it really infuriates them.

1. + 2. CCA request, if they have exceded the 12 + 2 days, send the letter in dispute letter.

3. O/draft isn't covered by CCA requests, but the loan is.

4. You ar not obliged to send an i + e form, only courts can demand these.

5. No

I'm posting a link to all the CAG letters, these will cover communicate only by writing, don't send anyone to address and account in dispute. The Consumer Forums - Debt collectors

When you get any replies post them here with your personal details removed.

Do not sign any letters, send recorded delivery and send postal orders instead of cheques.

[cymruambyth]

I must learn to type quicker, that's twice you have beaten me!

[postggj]

i learned from the master

[babybear39]

Just remember they have no legal powers to threaten you, only a court has legal powers

 

If they continue after you warn them, report them to TS and the OFT via consumer direct.

 

Good luck and welcome to CAG

[joel.hall]

thank you for the quick reply. this confirms what i suspected.

 

in fact the conversation earlier went like this:

 

she asked what benefit i claimed, i told her, she asked how much. i obviously didnt say. she then told me that shed hold the interest (hehe) til monday on the condition that i called them then (i dont appreciate threats, especially being mentally ill), and gave them my income/expenditure.

 

i then told her i didnt have to. straightaway she put on the school mistress act, and told me i did!....

 

'no i dont. and i wont be either.'

 

yes you do else well take you to court.

 

'no i dont and i ******* wont either' (yes i lost my temper this time, as ive not only been hounded for years but i wasnt taking her tone or threats).

 

2 minutes of this.

 

well take you to court then

 

'do it then. they cant take what i dont have'

 

3 minutes of this.

 

well send an officer to your house to discuss the debt (she kept trying to regain her composure but didnt half shout alot hehe).

 

'you wont. they can come but i wont answer and ill call the police'

 

2 minutes of this.

 

finally she used probably the saddest trick so far ive seen from a dca - told me i was breaking some telecoms law swearing at her and she was going to report me and have my parets phone cut off!

 

needless to say, i gave a short four and three word response and hung up.

 

proud of it? no. made me feel better? definitely.

 

im just sick of being threatened by faceless idiots from dcas.

[babybear39]

You should have recorded the call as she was breaching numerous OFT guidlines and the CPUTR 2008!

[joel.hall]

one other question actually - triton have only just contacted me on the debt. the card itself expired last year. does this affect anything?

[postggj]

not realy at this stage

 

if they are phoning you all the time i would send the telephone harrasment letter or get your number changed

[joel.hall]

You should have recorded the call as she was breaching numerous OFT guidlines and the CPUTR 2008!

i dont suppose anyone knows which ones do they? a plot is forming in my mind. as it happens we do have recording on our phone.

[babybear39]

Call consumer direct and they'll tell you

[joel.hall]

thanks feel a lot less anxious now. i do have one other question though regarding consumer credit agreements. what exactly are they with respect to credit cards, as looking around the forum it seems not many people have actually signed one when taking out a credit card?

 

is this part of the application or a separate form? how should it be written? are the rights and responsibilities clear to see, or i small print?

 

im confused as as far as i remember i never signed anything other than the credit card and loan agreements which were clearly labelled as such. i cannot find my copies just yet but im searching.

[cymruambyth]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

If you read this sticky, it'll advise you what must be included within an agreement. THe date it was taken out is important as there are different regs for newer ones.

I'm glad to see you are taking some pleasure from your phone calls, it helps to make you feel bit better.

[joel.hall]

thaks for the help everyone its very much appreciated.

 

i had insurance for my credit cards, etc, but after becoming ill and losing my job they all refused to pay out

[cymruambyth]

Now that could be another battle for you - missold ppi. Look at this The Consumer Forums - Announcements in Forum : Legal Issues

Also there is a ppi forum where you could post and get help. C

[joel.hall]

also ive decided to test the cca request to see how low these people go.

 

would i be correct in assuming that a fake signature on the agreement is going to severely upset their legal grounds?

 

because the signature on the letter i sent isnt mine

[babybear39]

also ive decided to test the cca request to see how low these people go.

 

would i be correct in assuming that a fake signature on the agreement is going to severely upset their legal grounds?

 

because the signature on the letter i sent isnt mine

 

Would be very interesting if they come back with a CCA with that on it

 

FRAUD is the term

[The GodMother]

if u want to answer be awkard dont confirm anything till they have told u who they are and were ther from and refuse the security just aying everything in writing over and over again. Not only does it annoy them u also get the pleasure of hearing them get huffy with u.

 

Try it without laughing cause after a few times it gets funny.

 

My convos use to go like this.

 

Them :Hello could i please speak to GodMother.

Me :Who is this?

Them : Dimwit from cap 1

Me: Everything in writing

Them : i cant do that till u have passed security

Me : Everything in writing

 

ETC

[joel.hall]

precisely what i was thinking. ive put a different signature on each.

[mr.ton]

thank you for the quick reply. this confirms what i suspected.

 

in fact the conversation earlier went like this:

 

she asked what benefit i claimed, i told her, she asked how much. i obviously didnt say. she then told me that shed hold the interest (hehe) til monday on the condition that i called them then (i dont appreciate threats, especially being mentally ill), and gave them my income/expenditure.

 

i then told her i didnt have to. straightaway she put on the school mistress act, and told me i did!....

 

'no i dont. and i wont be either.'

 

yes you do else well take you to court.

 

'no i dont and i ******* wont either' (yes i lost my temper this time, as ive not only been hounded for years but i wasnt taking her tone or threats).

 

2 minutes of this.

 

well take you to court then

 

'do it then. they cant take what i dont have'

 

3 minutes of this.

 

well send an officer to your house to discuss the debt (she kept trying to regain her composure but didnt half shout alot hehe).

 

'you wont. they can come but i wont answer and ill call the police'

 

2 minutes of this.

 

finally she used probably the saddest trick so far ive seen from a dca - told me i was breaking some telecoms law swearing at her and she was going to report me and have my parets phone cut off!

 

needless to say, i gave a short four and three word response and hung up.

 

proud of it? no. made me feel better? definitely.

 

im just sick of being threatened by faceless idiots from dcas.

 

Simply refuse to answer security questions next time they ring...that will p*ss them off

Well done on standing up for yourself - feels good eh?

The horrible witch you spoke to was obviously getting desperate that her commission target wasnt gonna be hit coz you werent gonna pay her

[joel.hall]

update:

 

ok so these people dont listen do they? had a voice message on my parents phone. apparently vicky from their 'litigation' department (same office, phone number is one digit out) tells me i must call them back IMMEDIATELY (she really stresses this - it seems she believes this is urgent), otherwise theyre sending an 'officer' to my home soon to discuss this.

 

just to be clear...

 

i have NEVER had any letter from regal, regarding anything.

 

i have NEVER had any letter from nat west informing me of re-assignment of the debt to regal.

 

i seriously didnt appreciate the way i was spoken to by them before (See above).

 

i do not want any 'officer' calling here (my parents home) and ive told them this. in fact sending one here is not good for my health at all, so i hope they realise i will be calling the police if this person does arrive here.

 

getting extremely angry with these people now.

 

any advice on how to play this?

 

also, as ive had no letter im not sending any cca request yet. good or bad move?

[postggj]

a cca request will shut them up

same as sending the telephone harrasment template

[joel.hall]

suppose i could hand-deliver it to the 'officer'