small debt / triton

[phill123]

hy everyone,

 

i amat the end of my tether with this DCA . i sued natwest regading the charges dagainst my credit card event hought i owed 200 pounds( i do own some money on an other credit card and rent). i told them by letter phone asnd fgax thatr the amount is being is diouted they tried to enforce ther debt throug Green & co solicitors, even though it is illegal by the consumer credit act 1967,. still waiting for my CCA request, to enforce a debt while being in a dispute, they tried to get a CCJ against me. they stated thery don't care how much i earn and i should come up with the money by selling some of my belonging. Natwest just repaid those unlawfull charges on my current account , and guess what? it was swallowed by more charges, so i haven't got the money they asked me to pay up front. So they keep saying on the phone to book appointment to go to court to see the bailiff or to go to court etrc.... almost everyday i received this kind of phone call.

 

even though the original debt was over 400 pounds i manged to halved it but keep insistedd me to pay 50 pound/monrth when i earn on average 400 pounds a month. however, natwest closed this account without 30 day notice, sold it to a dca and i heard nothing about it.6 month ago, i received a phone call from triton, which i thought was a [problem] as my debit card was cloned when i received the first phone call from them and by so refusing to a transaction by phone( i had the proof of it!!!) . as i didn't know that account was sold to a DCa ( triton) but simply terminated. i agree to pay 20 pound/month. However in janaury i couldn't pay it due to level of excessise cahrges levied on my account. what should i do ? any advice will be welcome ?

[PriorityOne]

hy everyone,

 

i amat the end of my tether with this DCA . i sued NatWest regading the charges dagainst my credit card event hought i owed 200 pounds( i do own some money on an other credit card and rent). i told them by letter phone asnd fgax thatr the amount is being is diouted they tried to enforce ther debt throug Green & co solicitors, even though it is illegal by the consumer credit act 1967,.

 

Did you send the CCA request by rec. delivery ? This is your only proof that a CCA request has been made.

 

still waiting for my CCA request, to enforce a debt while being in a dispute, they tried to get a CCJ against me.

 

What do you mean ? Have you had court papers and if so, have you responded to them ? .... or was it just a 'phone threat ?

 

they stated thery don't care how much i earn and i should come up with the money by selling some of my belonging.

 

Commonly known as 'phone bowlarks....

 

Natwest just repaid those unlawfull charges on my current account , and guess what? it was swallowed by more charges, so i haven't got the money they asked me to pay up front.

 

You will need to re-claim these charges now.... What money were you asked to pay "up front" ? Are the solicitors asking for this ?

 

So they keep saying on the phone to book appointment to go to court to see the bailiff or to go to court etrc.... almost everyday i received this kind of phone call.

 

More 'phone bowlarks.... they do not have the power to send bailiffs round anyway. Only a court can authorise this. Also, you don't have to put up with their invasion of your privacy in this way. There is a bog off letter in the templates section, which I will post on here shortly.

 

even though the original debt was over 400 pounds i manged to halved it but keep insistedd me to pay 50 pound/monrth when i earn on average 400 pounds a month. however, NatWest closed this account without 30 day notice, sold it to a dca and i heard nothing about it.

 

Are we still talking credit card here ? It sounds like you might mean debit card.... If this is a debit card linked to a current account, it won't be covered by CCA law.

 

6 month ago, i received a phone call from triton, which i thought was a [problem] as my debit card was cloned when i received the first phone call from them and by so refusing to a transaction by phone( i had the proof of it!!!) . as i didn't know that account was sold to a DCa ( triton) but simply terminated.

 

Current account ?

 

i agree to pay 20 pound/month. However in janaury i couldn't pay it due to level of excessise cahrges levied on my account.

 

You need to re-claim these....

 

what should i do ? any advice will be welcome ?

 

 

 

Please take a deep breath.... and explain this again very slowly. I'm not sure that I understand your situation. Are you talking about several debts ? If so, please list them and say what they are for. Folk on here will then be able to help you.

 

[PriorityOne]

Meanwhile..... here is the template letter for telephone harrassment. Send it by rec. delivery to anyone giving you grief over the 'phone.

 

Harassment by telephone - response letter

 

[phill123]

ji and thqamkd priority onr to answer to your questio the debt concerned a credit cardfwith at third party . i recieved an oficial letter from their solicitor who was transferred to triton. while the account was in court current and credit cardaccount account. what i am asking is about credit card not about debit card.when i sued natwest credit credit card the money was put on a CURRENT ACCOUNT as it waspaidbny cheque. i thank u for u templater letter i just don't know whaqt do to do with them they are so rude and refuse to talk to a meaningful dialogue!!!!

[PriorityOne]

Hi again,

 

You need to stop talking to them on the 'phone.... you will only get whatever rubbish that it suits them to tell you at the time. Everything must be in writing. If the credit card account is in dispute because of non-compliance with a CCA request, then you need to inform the solicitors (in writing, by rec.delivery) of this immediately.

 

Was the CCA request sent by rec. delivery ?

[phill123]

my husband senttheCCA request but i don't think it did send it by recorded delivery i had only a proof of posting. should i resend oneby recorded delivery? sorry if it sounds a realy dumb question

[PriorityOne]

Some people would argue that a proof of postage is sufficient.... but I prefer rec. delivery myself. All is not lost though.... did you enclose a chq. or a PO for the £1 payable, as both of these methods should be traceable.

 

Have you also informed the solicitors that the account is in dispute ?

[phill123]

yes i did enclosed a cheque for one punds which still hasn't been processedso iwas thinking to send an other request recorded delivery ? can iserve thwm a derfault notice after 12 days? ihaven'thead anything from them formthe lastfewweeks a bit too wierd for me. lol. iwant to resolve this debt but to talk in an inteligible way it is hard work!!! lolthank u so much for u advice, they are so helpfull.

[PriorityOne]

For the price of rec. delivery and an additional £1 fee, I would re-send the CCA for peace of mind. Make sure you keep the receipt somewhere safe.

 

[phill123]

i just found out today that the cheaue was cleared last thursday amnd the CCA request made on ther 3rd may. does it mean i have to issue them with a default notice as i still haven't receive it ? any help will be appreciated. thank you.

[PriorityOne]

Hi Phill,

 

There is no need to write to them.... let them default (after 12 working days from receipt). After that time, you are within your rights to withhold further payments. Without a properly executed CCA, they cannot re-enforce the debt through the courts.

 

If they still try and pursue you for payments. one calendar month after the 12 day default..... without complying with your request..... they can then be reported to the OFT & Trading Standards for a criminal offence.

 

[phill123]

for the default shall i write to them to let them know that i am defaulted them for no respecrt of the CCA request ? if so how shall i do that ? thanking for your help .

[PriorityOne]

There is no need to write to them at all. They should be aware of their responsibilities under the law, without you having to point them out.

 

[rory32]

If they do try and pursue you after defaulting remember Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

[phill123]

thank you just rtreceived a letter from natwest saying that without prejudice and as a gesture of goodwill they will remove this account from the DCA and will review my offer of token payment of 1 pounds. however, it was a different story with triton had to explained for 1 hour on the phone as they still threatening me with court action and my answer was well do it mate because this account is not with u anymore. lol so fustrating . thank you for your help wish i found this site earlier.