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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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NAT WEST will not return my PPI


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I have received this morning a nasty letter from Triton Credit Services threatening to send someone round to visit me and extract money from me. :eek::D

 

I hope he brings a court order or an umbrella. I have a bucket of water waiting for him.

 

On the 8th October they wrote telling me that they had passed the matter back to Nat West "in view of the nature of my complaint."

 

Did they not read their own letter when they wrote this one to me? methinks another incompetent company A caustic reminder and a copy of their letter will be posted to them today.

 

maggiebroom :D

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Here is a copy of my return letter to Triton Credit Services.

 

Triton Credit Services Ltd

PO Box 5827

Basildon

SS14 1XS

Dear Sir

Ref: NatWest Card Services: Account No 0000000000000000

I enclose a copy of a letter sent to me from your company on 8th October 2007. As a result of this letter it was my understanding that you had passed this matter back to NatWest Card services, which is why I have not replied.

I have made no payment, as this account is in clear legal dispute and since Nat West cannot provide me with a properly executed Consumer Credit Agreement in accordance with the CCA 1974, it will remain in dispute. The copy of my application form sent to me was not supplied within 12 working days, and therefore the account is not enforceable without a court order. As they have not supplied a properly executed CCA within either of the time limits, (12 +2 working days and 30 calender days thereafter) it is a mute point as to whether or not NatWest has committed a criminal offence.

I do not think I should have to remind you that it is illegal under the terms of the act to add interest charges or demand payments until the dispute is settled. Neither is it legal to pass the account on to an debt collection agency such as yourselves, or to issue a default on the account. All these things have been executed by Nat West and the sooner this matter is taken to court the better.

Should Nat West decide that is the course they wish to take, I would be grateful if they would provide me with a properly executed agreement, which they will have to produce in court. I look forward to hearing from you.

Yours faithfully

Perhaps that will pull their socks up.

 

I Love getting the better of them :D

 

maggiebroom :)

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  • 2 weeks later...

Just an update

 

Nothing since my last letter from triton or SnatchWest so perhaps they have gone into discussions to deal with me :D

 

Perhaps the post will bring an apology and a final letter telling me to go forth and forget the nasty bank :D

 

maggiebroom

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I forgot to add that I also got a letter from Snatch West Scotland with a customer survey form enclosed. :o :D

 

I was very tempted to fill it in but in view of the circumstances I thought it best to ignore it instead.

The answers could have got me into serious trouble. :D

 

maggiebroom :D

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I forgot to add that I also got a letter from Snatch West Scotland with a customer survey form enclosed. :o :D

 

I was very tempted to fill it in but in view of the circumstances I thought it best to ignore it instead.

The answers could have got me into serious trouble. :D

 

maggiebroom :D

 

Hello Maggie,

 

Hey aren't we special and the Natwest really think of us. I got a personal New Private tel no for my personal private branch personal advisor. I wonder if she will help me get back bank charges, from 1993, Give me the agreement that I signed for Advantage Gold account service fees, refund my mis-sold ppi, explain why I was defaulted without a default notice, find my lending agreements, give me a readable credit agreement for the credit card ca request and give me back the penalty charged on the credit card account.

 

Do you think it might be worth trying??????????

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

Just an update.

 

Nothing from Snatch West for a couple of weeks now.

Everything has gone quiet since my last letter to Triton on 2nd November. I daresay I will hear soon though.

Usually as soon as I post on my thread there is a letter to report

 

Murphy's law I think they call it.

 

So its another waiting game now

 

maggiebroom :)

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I got this letter from Triton Credit Services today:

 

We write with reference to your recent correspondence regarding the outstanding debt.

In your recent letter you state that your currently in dispute with Nat West card services regarding this account. Our clients records confirm however, that they have contacted you advising that they have provided all requested information under the Credit Consumer Act, and that this account is therefore not in dispute. If you have any further queries regarding this, we suggest you contact our client direct.

 

We now require you to provide a cheque for the full balance as noted above within 14 days from the date of this letter. If however, you are unable to repay this account in full, we require you to contact this office within 14 days from the date of this letter with your proposals of monthly repayment.

 

Failure to comply with the above will leave us no alternative but to take further action against you without warning or delay.

 

I haven't got a clue where to go with this now, so anyones suggestions would be very gratefully received.

 

I thought that I would reply along the lines that they have supplied within the terms of CCA, BUT the papers they sent are:

 

1) An application form only (and its illegible)

2) There are no current terms & conditions.

3) They defaulted by not supplying these papers within the stated time line.

 

Trouble is I have told them this so many times and the letters keep going backwards and forwards.

 

Has anyone any idea for a letter. I need some help with this. PLEASE!!!!! I need to push this forward but I cannot afford to do the N1 yet, especially with Christmas on the way.

 

 

maggiebroom :)

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I got this letter from Triton Credit Services today:

 

We write with reference to your recent correspondence regarding the outstanding debt.

In your recent letter you state that your currently in dispute with Nat West card services regarding this account. Our clients records confirm however, that they have contacted you advising that they have provided all requested information under the Credit Consumer Act, and that this account is therefore not in dispute. If you have any further queries regarding this, we suggest you contact our client direct.

 

We now require you to provide a cheque for the full balance as noted above within 14 days from the date of this letter. If however, you are unable to repay this account in full, we require you to contact this office within 14 days from the date of this letter with your proposals of monthly repayment.

 

Failure to comply with the above will leave us no alternative but to take further action against you without warning or delay.

 

I haven't got a clue where to go with this now, so anyones suggestions would be very gratefully received.

 

I thought that I would reply along the lines that they have supplied within the terms of CCA, BUT the papers they sent are:

 

1) An application form only (and its illegible)

2) There are no current terms & conditions.

3) They defaulted by not supplying these papers within the stated time line.

 

Trouble is I have told them this so many times and the letters keep going backwards and forwards.

 

Has anyone any idea for a letter. I need some help with this. PLEASE!!!!! I need to push this forward but I cannot afford to do the N1 yet, especially with Christmas on the way.

 

 

maggiebroom :)

 

 

Hello Maggie,

 

They are trying to wear you down, It does not matter about you issueing a N1 for Non-compliance of the ca. Let them do the donkey work, it they are going to take you to court, which I doubt they would be so stupid. You defend the case on the fact that there is no credit agreement. Don't forget that they have sent me the same application form. This is the document that they will use in court, so they are on a loser to start with.

 

You defend and then put in a courterclaim for mis-sold ppi and any other charges they have applied.

 

Just send triton packing, the are only collectors for the Nw, they are hoping to get commission.

 

Write to them and state that you will not enter into any correspondence with them as the account is in legal dispute. Tell them any further threats will be deemed as harassment.

 

Also write to the lovely Miss Bennet and tell her, that as far as you are concerned,the matter is in clear legal dispute. they are responsible for triton's behaviour , they have ignored the OFT guidence of Debt collection, by passing your data to a third party, whilst the account in in legal dispute. This will be deemed as harassment and you are retaining all correspondance in your harassment file.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell

 

I have been off the PC for a couple of days.

Hubby has a bad tooth and we have been trying to get a dentist to take it out asap, and I fell down the stairs in the middle of the night and now have a sore a*** :o :D and loads of bruises, so we are both in the wars at the moment, and it hurts my back to stay in one position too long. ;) I'm glad there wasn't a camera going. It must have been hilarious.

 

Thanks for the advice re the letters I am going to do just what you suggest tomorrow. :)

 

Another update when I have one.

 

maggiebroom :)

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Hi Hell

 

I have been off the PC for a couple of days.

Hubby has a bad tooth and we have been trying to get a dentist to take it out asap, and I fell down the stairs in the middle of the night and now have a sore a*** and loads of bruises, so we are both in the wars at the moment, and it hurts my back to stay in one position too long. ;) I'm glad there wasn't a camera going. It must have been hilarious.

 

Thanks for the advice re the letters I am going to do just what you suggest tomorrow. :)

 

Another update when I have one.

 

maggiebroom

 

Hello Maggie,

 

So sorry to hear of your misfortunate and hope all mends soon.

 

I need to tell you where I am at with Nw credit card. I reported them to my local TS a few months ago, sent all of the correspondence and heard zilch, I chased it up last week ( MMMmmhh been busy) and TS had mis-filed my complaint:o He was extremely apologetic and stated that he would write to the NW immediatley regarding the illegible application form as in his words "their not on". So we will see if the lovely Ms Bennet has to eat her words.:p

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Maggie,

 

So sorry to hear of your misfortunate and hope all mends soon.

 

I need to tell you where I am at with Nw credit card. I reported them to my local TS a few months ago, sent all of the correspondence and heard zilch, I chased it up last week ( MMMmmhh been busy) and TS had mis-filed my complaint:o He was extremely apologetic and stated that he would write to the NW immediatley regarding the illegible application form as in his words "their not on". So we will see if the lovely Ms Bennet has to eat her words.:p

 

That seems typical of TS. I haven't heard from mine for ages. I am getting Crap 1 sorted first before I tackle NW.

One thing about a sore a*** its great getting it rubbed better.;)

 

maggiebroom :)

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  • 2 weeks later...

Well Nat West are nothing if not slow in getting any replies.

I have now recieved this letter from triton Credit Services.

 

Dear maggiebroom

 

We remain very disappointed that you have failed to settle the debt or make satisfactory repayment proposals.

 

We have now recommended to our client that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs.

 

This may involve the granting of a County Court Judgment against you. This would become a matter of public record and may adversely affect your ability to obtain credit in the future.

 

The enforcement options open to us are as follows:

 

1) The County Court Bailiff visits you at home and takes away your possessions to sell of against the debt.

2) A charge is placed against your property or assets which would remain on the Land Register records until the debt is paid.

3) Your employer deducts monies from your salary or wages to set off against your debt.

4) You attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior Officer fo the court or District Judge.

 

We would rather come to a satisfactory arrangement with you to settle this debt and therefore recommend that you contact this office on *********** to discuss repayments the moment you receive this letter.

 

Yours

Triton Credit services

Any ideas on how to reply to this. I have absolutely no idea where to go from here. Should I let them take me to court or should I instigate proceedings myself. ??? :confused:

 

I am having a bad time lately, with various family problems, so this has not guaranteed to cheer me up either.

 

Oh well press on I suppose.

 

maggiebroom :Cry:

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Well Nat West are nothing if not slow in getting any replies.

I have now recieved this letter from triton Credit Services.

 

Dear maggiebroom

 

We remain very disappointed that you have failed to settle the debt or make satisfactory repayment proposals.

 

We have now recommended to our client that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs.

 

This may involve the granting of a County Court Judgment against you. This would become a matter of public record and may adversely affect your ability to obtain credit in the future.

 

The enforcement options open to us are as follows:

 

1) The County Court Bailiff visits you at home and takes away your possessions to sell of against the debt.

2) A charge is placed against your property or assets which would remain on the Land Register records until the debt is paid.

3) Your employer deducts monies from your salary or wages to set off against your debt.

4) You attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior Officer fo the court or District Judge.

 

We would rather come to a satisfactory arrangement with you to settle this debt and therefore recommend that you contact this office on *********** to discuss repayments the moment you receive this letter.

 

Yours

Triton Credit services

 

Any ideas on how to reply to this. I have absolutely no idea where to go from here. Should I let them take me to court or should I instigate proceedings myself. ??? :confused:

 

I am having a bad time lately, with various family problems, so this has not guaranteed to cheer me up either.

 

Oh well press on I suppose.

 

maggiebroom :Cry:

 

Hello Maggie,

 

God I know how you feel,

 

The nasty natwest have just sent me a threatening letter, will will obtain a charging order on your house, apply for repossession and then sell it.

 

Jesus, they are rather optimistic, they would have to obtain a ccj first.

 

These are just scaring tactics. They can't send round court baliffs without applying for a court order, after they have obtained a ccj first.

 

But they don't mention these little technicalities, morons.

 

Did you write to triton regardng the lack of a credit agreement, maybe remind them again. That the account is in legal dispute. Send nw acopy for their reference.

 

Also add harassment and breach of the CCA and the OFT Debt collection guidence. Tell them to go and take a jump, look at the legislation, nicely.

 

Keep you chin up Maggie, the Nw do play hard ball, but the law is on our side. and although they think they are clever, they are not.

 

Don't make any rash decisions about taking them to court at the moment, they may save you the trouble.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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This is my reply to the latest letter from Triton, and of course it will be CC'd to Nat West

 

Your Ref: TCS0004

 

18th December 2007

 

Dear Sir

 

Re Account no: 0000000000000000

 

I am in receipt of your letter dated 7th December. I welcome your company’s decision to put this matter before the courts.

 

However I feel I should point out that should you ask the court to enforce the alleged debt against me you must surely be aware that you should produce a properly executed consumer credit agreement in accordance with the CCA 1974.

 

Since you have so far been unable to provide this document to myself, I can only assume that no such document exists. The document I have received so far is only a pre-contractual application form. Had a properly executed agreement, which complies with all the requirements of the CCA 1974, been provided on my first request several months ago, this situation of a legally disputed alleged debt would not have arisen.

 

I will also ask the court to order production of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt.

 

 

Yours faithfully

 

 

Anyones thoughts on this, would be greatly appreciated. ASAP if possible as I want to get this sent before Xmas. many many thanks in advance.

 

maggiebroom :)

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This is my reply to the latest letter from Triton, and of course it will be CC'd to Nat West

 

Your Ref: TCS0004

 

18th December 2007

 

Dear Sir

 

Re Account no: 0000000000000000

 

I am in receipt of your letter dated 7th December. I welcome your company’s decision to put this matter before the courts.

 

However I feel I should point out that should you ask the court to enforce the alleged debt against me you must surely be aware that you should produce a properly executed consumer credit agreement in accordance with the CCA 1974. You are at present in criminal default of the CCA sections 77/78. This breach has been reported to blah blah.

 

Since you have so far been unable to provide this document to myself, I can only assume that no such document exists. The document I have received so far is only a pre-contractual application form. Had a properly executed agreement, which complies with all the requirements of the CCA 1974, been provided on my first request several months ago, this situation of a legally disputed alleged debt would not have arisen. Not too sure about this bit, I feel that you are giving a them a bit of an admittance.

 

I will also ask the court to order production of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt.

 

 

Yours faithfully

 

 

Anyones thoughts on this, would be greatly appreciated. ASAP if possible as I want to get this sent before Xmas. many many thanks in advance.

 

maggiebroom :)

 

Hello Maggie,

 

I have made a comment about the letter, I is just a thought

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I actually got a call from Triton yesterday..

I was out so the answer machine picked it up.

I don't want this to escalate into another harassment case like Crap 1 so I shall write a letter telling them in no uncertain terms that I will only communicate in writing.

Lets hope that stops them, before they start.

 

maggiebroom :)

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Hi Everyone

 

Hope you all, had a very merry Xmas, and that the New Year will be good for you.

 

I don't suppose there have been many people on the site over the holiday, but it should pick up again now.

 

I got this letter from Green& Co solicitors

 

Dear Sir/Madam

We are instructed by our client, Triton Credit Services, who are instructed by their client in connection with the above liability.

We understand that despite final demand for repayment, the above amount remains unpaid and we are likely to be instructed to commence court proceedings against you, without further notice.

However, before we commence these proceedings, you have one final opportunity to make payment of the above amount within the next seven days. Please make cheques payable to Triton Credit Services Ltd and send them to our client, details we confirm below.

Triton Credit Services etc.,

Should our client not receive payment or acceptable proposals within 7 days, it can only be assumed that you will not settle this matter on amicable and reasonable terms. We are then likely to be instructed to commence court proceedings against you on our clients behalf.

 

yours faithfully Green & Co.

 

Anyone help me out with the next step??. I haven't a clue where to go from here.

 

maggiebroom :)

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have had a go at composing a letter to Greens solicitors and would like some opinion on it please. I am not sure if I worded it correctly

 

Dear Sir

 

Re Account no: 0000000000000000

 

I am in receipt of your letter dated 24th December 2007. As I have stated on numerous occasions, until a properly executed legible consumer credit agreement in accordance with the CCA 1974, is produced by NatWest Card Services, I feel no obligation to offer any repayment on an alleged debt, which is unenforceable in law, and the account will remain in legal dispute

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

NatWest have failed to provide these documents and are therefore in breach of the CCA 1974. Should this matter be dealt with in court I would welcome the opportunity to see the documents that Nat West intend to produce in court to prove the existence of a legible agreement which contains all the prescribed terms.

 

Yours faithfully

 

 

 

What does that read like? Any Good?

 

 

 

maggiebroom:)

 

 

 

 

 

 

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Helloo!!

 

Is anyone out there??

 

I really some help on this as I haven't a clue if this letter will stand up to scrutiny

 

Maggiebroom :(

.

 

Hello Maggie,

 

Having serious problems with my pc, keeps on crashing, I will have a look later at your letter if that is ok.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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