Triton Credit Serives - Why don't they listen

[Mav75]

Okay guys,

 

Thanks for all your help but this has now gone a step further and I've even had to get involved. Sarah called up and paid £50 by debit card to show willing and was advised by the operator she would recieve another letter in 7 days. The letter duely came and said she needed to call to make a reasonable repayment plan. She did now offering £60 as she is scared stupid of going to court, they said the minimum they could accept was now £450. She explained that this was ludicrous and she was advised it wouuld have to go to the lefal dept then.

 

Another week and another letter, advising of a notice of legal proceedings. She called them whilst I was present and they offered a new repayment plan of £270pm again madness. My sister is now contemplating getting a high finance loan out with Black horse to pay them off. As they say they will now instruct their solicitors to write to her and advise her of a court date?????

 

Why won't they accept a reasonable repayment plan? and as she is no longer recieving statements how can she check if they are adding charges.

The way these companies work is dispicable, I tried to speak with them but they said they would only deal with the account holder.

 

HOW DO YOU GET THEM TO SEE SENSE???????Is there anything legal she could threaten them with????

[NitrousOxide]

Hi,

DO NOT get a loan.

They are trying to scare you. Pay what you can afford every month and then ignore them. If you keep paying what you can they will not take you to court.

[mutzi]

Indeed, they are just trying intimidate her into exactly that, paying it off by getting more credit.

 

It's unlikely they will take her to court, even if they do, as long as she attends a judge will only order payments she can afford and should tell them where to go with regards to any costs.

 

Don't phone them, put an offer in writing, explaining that this is the maximum that she can afford per month.

 

I'm starting to love this document http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

.....

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

 

Show her that and quote from it in any letter. Page 16.

[zootscoot]

Hi Mav,

 

Firstly, Sarah must stop dealing with these people by phone keep all correspondence in writing. She needs to work out a budget using the budget planner stickied in this forum at the top of the page. Work out how much she can afford to pay per month and offer this amount and no more. There is no point in agreeing to pay more than she can afford as this will only end up in her defaulting on the agreement. Provided she makes regular payments they will not take her to court.

 

Tell her to try the following letter:

 

Dear xxxxx

 

Account no xxxxxxxx

 

Thank you for your letter of XX/XX/XXXX. I am very disappointed that we seem unable to reach a satisfactory compromise in this case. I am also concerned that your letters seems to contradict your response in telephone conversations regarding your refusal to accept a reasonable payment plan. I would therefore appreciate it if you could keep all future correspondence in writing. As I have already explained, I can only afford £XX per month at the present time. This is the only realistic payment proposal bearing in mind my personal budget. Please find enclosed budget plan.

 

You have stated in correspondence your intention to commence proceedings in the County Court against me. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the ‘Overriding Objectives’ underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocols, the court will expect the parties “to act reasonably….. in trying to avoid the necessity for the start of proceedings”.

 

I would suggest that your consistent refusal to accept my offer could be viewed as unreasonable and I would ask the court to consider this matter with reference to the ‘Overriding Objectives’. This could leave you liable to paying for your own costs. I’m sure that we could sort this without the need to take the time of the courts and the offer of XX per month, is of course still open to you to accept.

 

Yours faithfully

[coonagh]

Hi there, what an interesting read... Although I am unable to get the end of it, and discover what happened.

 

We are about to change two mortgages over the next six months, which in total will cost us £ 9000.00 !!!! A lot of money. I will fight it all the way.

[Mav75]

Just to give an update:

 

After sending multiple letters they accepted a monthly payment of £60pm, they started calling again after 3 months saying it now needed to be reviewed and asked for a budget sheet.

 

We sent one and are awaiting there reply, despite stating in all letters that we want correspondence to be in writing they continue to call.

 

My sis has got a lot tougher with them and has found this thread really helpful, to the point I only get called once a week or so.

 

I would like to thank all who offered help, it was gratefully received. I wouldn't hesitate to use or recommend this site to others.

 

Cheers

Dave

aka Mav

[sequenci]

Sorry to hear about what is happening.

 

Take a look at this link. There is plenty of helpful info to really help you guys sort these people out.

 

National Debtline England & Wales | Debt Advice | Factsheet 03 Harassment

 

Remember that telephone calls from them after a reasonable request for them not to call in writing could constitue a criminal offence. I usually advice people to write including this three sentences.

 

"As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997."

 

and to send it recorded!

 

make a note of continued calls!

 

and think about complaining...

[ArtisanUK]

Thanks for all your help but this has now gone a step further and I've even had to get involved. Sarah called up and paid £50 by debit card to show willing and was advised by the operator she would recieve another letter in 7 days. The letter duely came and said she needed to call to make a reasonable repayment plan. She did now offering £60 as she is scared stupid of going to court, they said the minimum they could accept was now £450. She explained that this was ludicrous and she was advised it wouuld have to go to the lefal dept then.

 

I know (from experience) that Triton (Try-it-on?) seem to think they can get away with murder, but threatening to pass on a debt to their lethal department seems extreme even for them.