F& F settlement offer to natwest... triton still chasing me

[phill123]

hi everyone,

 

i had two credit card from Natwest made in i think in 2005 . however i fdefaulted due to amount of acharges applied to my bank account which my claim was succesfull. however triton credit services was dealing with my account and they are a bunch of a bully.... anyway i didn't even now that my account was defaulted so iwas surpised to learn that my credit card was with a DCA , i found out by a phone calld which was extemely agressive. I sent in may a CCA request for a visa still waiting for it and one for mastercard in July they answer one month +12 days late but the CCa wasn't signed. so natwest and triton still threatening me by letter and phone called especailly by one of their so called solicitor Green and Co ( which i found out yesterday that they do not exist this was by Natwest credit card answer) . triton doesn't have any deed of ASSIGNMENT HAS MY ACCOUTN WASN'T SOLD. and told me thaty they don't have to provide one. well i thopugh they have ot have one in the frist place to collect the payment.

 

anyway as they didn't have a properly executed CCA i offer then a full and final settlement offer for 10 % of what i owed alongside a cheque for the correct ammount. whith a condition that by cashing it in they are acceting the offer and by the debt was deemd to be sastified and nore DCA and default. the cheque was cashed so but surpirse surprise triton stillinsisting thaty paid the reminder i tild them no and all communication to b einwriting of course they went reall abusive so i hang up befoe i lost it.

 

anyway after i snapped called OFt which told me to contact the police as it is severe cas of harassment. well there is no news on this one. so i called the police officer whoich look at some of th eletter they ghad sent me especaiily refgarding the solicitor but whih he told me that it is deception, he asked to adk if the statement that i received and some the copy to ask to natwest if they conform. so i went to my local branch their answer no they are too many information missing and ther deirect debit form doesn't macth the original, btw i never received any statement for one of my credit card.

 

so i haven't got a clue on what do next ? as natwest isn't cooperatives at all and triton well ... i forgot to mention that i have an history of my mail being stolen but toporve that it s very difficult almost impossible

 

i wil be glad if anyone has any idea on this situation ?

[PriorityOne]

hi everyone,

 

i had two credit card from NatWest made in i think in 2005 . however i fdefaulted due to amount of acharges applied to my bank account which my claim was succesfull. however triton credit services was dealing with my account and they are a bunch of a bully.... anyway i didn't even now that my account was defaulted so iwas surpised to learn that my credit card was with a DCA , i found out by a phone calld which was extemely agressive. DCAs do tend to throw their weight about over the 'phone... which is why it's best to just hang up, or put the 'phone down somewhere and walk off until they get bored talking to fresh air. I sent in may a CCA request for a visa still waiting for it and one for mastercard in July they answer one month +12 days late but the CCa wasn't signed. so NatWest and triton still threatening me by letter and phone called especailly by one of their so called solicitor Green and Co ( which i found out yesterday that they do not exist this was by Natwest credit card answer) . triton doesn't have any deed of ASSIGNMENT HAS MY ACCOUTN WASN'T SOLD. and told me thaty they don't have to provide one. well i thopugh they have ot have one in the frist place to collect the payment. It doesn't sound as if the account has been sold, which is why the Deed of Assignment wouldn't be relevant. Triton/Green & Co. appear to be acting on behalf of NatWest.... however, if no-one has complied with a properly executed CCA, then the account remains unenforceable.

 

anyway as they didn't have a properly executed CCA i offer then a full and final settlement offer for 10 % of what i owed alongside a cheque for the correct ammount. whith a condition that by cashing it in they are acceting the offer and by the debt was deemd to be sastified and nore DCA and default. Unfortunately, this is no good. You would have needed something in writing prior to your payment being sent in; to say that they would agree to accept it in F&F settlement. As you have nothing in writing that states this, they will have simply cashed it as a payment towards your account. the cheque was cashed so but surpirse surprise triton stillinsisting thaty paid the reminder i tild them no and all communication to b einwriting of course they went reall abusive so i hang up befoe i lost it.

 

anyway after i snapped called OFt which told me to contact the police as it is severe cas of harassment. They cannot harrass you if you take away their means of doing so. As said, do not have any dealings with them over the 'phone. well there is no news on this one. so i called the police officer whoich look at some of th eletter they ghad sent me especaiily refgarding the solicitor but whih he told me that it is deception, he asked to adk if the statement that i received and some the copy to ask to NatWest if they conform. so i went to my local branch their answer no they are too many information missing and ther deirect debit form doesn't macth the original, btw i never received any statement for one of my credit card.

 

so i haven't got a clue on what do next ? as NatWest isn't cooperatives at all and triton well ... i forgot to mention that i have an history of my mail being stolen but toporve that it s very difficult almost impossible

 

i wil be glad if anyone has any idea on this situation ?

 

All that aside... without a properly executed CCA to enforce... there is nothing they can do other than throw their dummies around. What has been your most recent correspondence from them and what are they threatening you with ?

 

[phill123]

the last letter i had from triton they say:

 

" as our client have fully responded to your CCa request under section 78(10 of the CCa , we have no further comment to add regading thismatter. should you ewmind unhappy you can refer us to the Financialo ombudman... your indebteness remain on this account.... "

 

the treat arfe onthe phone whoich i had recorded they kwep t saying we will send someone around your house to make sure you pay and conform to our .... CCj... that i have no right ..... " al of which was recorde and passed on to the policed.

 

what they send mae was a an greement with a big blue rubber stamps ACOPY on o=it no mane nor any adress and signature,. a term and conditon a copy of statement which is not conform to their original statement which i never received and some term and condition however there i sno date and no signature on any document. i hope this help ? basically they want to go court |/

[PriorityOne]

the last letter i had from triton they say:

 

" as our client have fully responded to your CCa request under section 78(10 of the CCa , we have no further comment to add regading thismatter. should you ewmind unhappy you can refer us to the Financialo ombudman... your indebteness remain on this account.... "

They probably know that it's unenforceable... otherwise they would be trying to enforce it instead of referring you to the FOS. Are these threats in writing or by 'phone ? Have you had any threats in writing ?

 

the treat arfe onthe phone whoich i had recorded they kwep t saying we will send someone around your house to make sure you pay and conform to our .... CCj... that i have no right ..... " al of which was recorde and passed on to the policed. Same old bowlarks about home visits, etc. Have you got a CCJ on this account or are they just threatening to go for one ?

what they send mae was a an greement with a big blue rubber stamps ACOPY on o=it no mane nor any adress and signature,. a term and conditon a copy of statement which is not conform to their original statement which i never received and some term and condition however there i sno date and no signature on any document. i hope this help ? basically they want to go court

 

Ok... they are threatening then.

Dear xxxx

Ref xxxxx

Thank you for your letter of xx/xx/2007

However, to date you have only provided me with a blank, unsigned and undated Consumer Credit Agreement in response to my request under The Consumer Credit Act, 1974.

As such, the account remains unsubstantiated and unenforceable and no payments will be forthcoming.

Please be advised that I will only communicate with you in writing and any further telephone calls to my home will be duly logged by time and date.

Yours faithfully,

|/

 

[phill123]

thank you priority one this help me a lot i don't have a CCJ with this account but all attempt to discuss the monthly repayment was imposible they refuse to set up direct debit and so forth .... i have some threat by letter about bailiff field agent and so on thank you for th elteer will post on monday in the meantime i sent a SAR today recorded just in case to Triton already done for Natwest and no sign of default very interesting ....

 

thank you again you are a star

[PriorityOne]

Just as a point of interest.... even if they were willing to set up a Direct Debit.... don't agree to this, as it would give them full control over the amounts debited from your account. Standing Orders put you in control of those amounts.

 

The "bailiff field agent" is terminology for a doorstep caller and you are not obliged to discuss anything with these people. They are not bailiffs and have no legal rights whatsoever.

 

Send the above letter by rec. delivery and post back any response that you get. Do not talk with them over the 'phone any more though.

[phill123]

thank you will post it tomorow recorded edelivery tomorow ihope that will be the last. everytome i asked then to set up a direct debit or standing order they refuse togive me the detail. I sent them an incoem and expenditure to show that due to low income i can afford whatr they were asking me but instead i can guive them such xx pounds per month they told me tghat can't do anything for me that was by writing and also by phone.so i was sending a token pay,ent everymonth by chequye which they cashed in bu they kept constantlysending me letter saying that payment was missing and so forth xxxx

[phill123]

today i received the reply from the original creditor from the lettere above that i sent to Triton

 

" ..blah..blah... our position remains as advised in my final respomse sent to you on xx august and on xx august ( THIS LETTEWR WAS ABOUT THAT THEY ACKNOWLDEGE MY CLAIM NOT A FINAL ANSWER) I2007 in which we complied with you request under the CCA. Should you disagree, you may seek whatever legal redress you consider is open to you...blah ...blah.."

what shall ido now ? i have no intention as they consoitently denied my claim and letter to stop them form calling, anyway is not a mtter now as i have changed my number . what frustrate me the most is that they think they above the law and by constant threat they will have what they want. however shall i ignore them now or just wai until they next move?

 

o BTw i had sent few days ago a SAR request too as they don't want to tell me the correct amount i owed it is constantly changing. any help will be appreciated thank you

[PriorityOne]

Sounds like Triton have now passed it back.... it also doesn't sounds as if NW are threatening you with anything at the moment and this is just a standard nastigram. This may be because they are well aware that you haven't been sent an enforceable CCA after all. So thank you NW, I am sure Phil will "seek whatever legal redress you consider is open to you...blah ...blah.." should you decide to pursue him for payment in the future, whilst in default of a legal request.

If they are not threatening/pursuing you, then it's up to you whether you decide to respond to this one or not. As for the SAR, it doesn't really matter what they say is owed... since without a CCA, they cannot legally collect any of it.

 

 

[phill123]

thanks priority for the moment i only received demand for payment by letter as i just changed my phone number so at least i am not being harassed by triton . regarding that i will ignore them the same way they do to me , if they wish to go for a CCj then i will contest it as with no CCA no payment. thy no where i am now that ' s up to them . however if they kep pursuing it what are my oiption regarding "legal redress" ?

[PriorityOne]

If they keep on pursuing you while in default of your request, then after the 12 working days + one calendar month timeframe, you should report them to Trading Standards & the OFT. In reality, this will achieve very little for you... but it will be one more compliant to add to their list.

[phill123]

they are already indefault as the CCA request was made in july . however i contactedd the trading standard which passed ,me onto the OFT ( Consumer direct) they told me they can't do anything however i made a formal complaint to the police for harassment . after the evidence i [put forward to the police they told me that is a deliberate attempt of deception and fraud. so this is where i am standing even when i appraoch my local brabch they told me that the bank statement that i recieved where not conform to the original .

[PriorityOne]

Just make sure that you keep hold of all of this info, Phil.... as you never know if/when you'll need it in the future. A good result so far though.

 

[phill123]

hi again getting really frustated with them they don't seem s to understand harassment and to stop any phone call ..... i am getting really fed up with them they keep palying with me because they now they can i have difficulty understanding them . anyway for my mastercad i recieved wweell a blank copy of a weird agreement it look like an agreement regulated by a CCA 1974 but no name nor any CCA they going after the cancellation notice where they can hide an y personal information but there is no box provided to consider that this information was indeed hiden and moreover it is only a scan computer image. . something which look like a statement but after going local branch they told me that they are not true copy of a statement but they wouldn't confirm it by writing.

 

on my visa card they obviously gave me an application form and an agreement with no prescribed term and a signature which "look like mine". i told them that iwillnot paying any more and they can forget me . however NatWest and triton thinks otherwise i am receiving numerous threatening letter and phone call from them even thought i keep tellling them that i won't answer their security question and i want everything in writing so now what they doing it 's to keeep their line live so i can't make any phone called whatsoever as i soon i pick up the phone i have to talk to them this has happened quite often i called the police but not to avail even thought they agreed it is harassment.

 

they keep telling me that i have no right and they can do what they want .. yes that is right my husband listen to that an was equally shock as they made various insult towards the fact i was not british . this problem is due to the fact that i sued them for charges on a current account and i won since then they tried everything with us to make us a pay ridiculous amount of money, i t was even really hard fro them to pay until i threatened them with bailiff.

 

i did an S.A.R - (Subject Access Request) request, the 40 days are up and still nothing i am giving them an other 7 days to comply . idid that as they were never sure how muh money i was supposed to owed.

i went to trading standard which passed me straight away to consumer direct (OFT) but they told me they could nothing to help me they have every right to do so so what is my best course of action ? i will be gratefull for any advice thank you. sorry for the rant and typo but i am getting really fed up with them and wan t it to stop .

[PriorityOne]

hi again getting really frustated with them they don't seem s to understand harassment and to stop any phone call ..... i am getting really fed up with them they keep palying with me because they now they can i have difficulty understanding them . Phil, you really must hang up on these guys. Yes, I have read that they have blocked outgoing calls by refusing to hang up themselves.... but if that's what rocks their boat, let them continue to get charged for the privilege. In the meantime, log the time and dates of all calls... including the duration of time they are blocking your line. You can then include evident in a report to TS.... their TS, not yours. If you need help in drafting something together, people will help you. anyway for my mastercad i recieved wweell a blank copy of a weird agreement it look like an agreement regulated by a CCA 1974 but no name nor any CCA they going after the cancellation notice where they can hide an y personal information but there is no box provided to consider that this information was indeed hiden and moreover it is only a scan computer image. . something which look like a statement but after going local branch they told me that they are not true copy of a statement but they wouldn't confirm it by writing. It doesn't sound like an original CCA to me, but without a full description or a scanned image on here, it's difficult for anyone to say for sure. If you register for Photobucket, you can scan images up on here for us to look at... but you must block out all of your personal details first.

 

on my visa card they obviously gave me an application form and an agreement with no prescribed term and a signature which "look like mine". i told them that iwillnot paying any more and they can forget me . Once again, this really needs to be scanned up. however NatWest and triton thinks otherwise i am receiving numerous threatening letter and phone call from them even thought i keep tellling them that i won't answer their security question and i want everything in writing so now what they doing it 's to keeep their line live so i can't make any phone called whatsoever as i soon i pick up the phone i have to talk to them No Phil... you don't !! Just put the 'phone down and walk off. They will soon get bored and hang up if they can't get the reaction they're after. Remember to log it though !this has happened quite often i called the police but not to avail even thought they agreed it is harassment.

 

they keep telling me that i have no right and they can do what they want .. Put the 'phone down Phil !yes that is right my husband listen to that an was equally shock as they made various insult towards the fact i was not british . this problem is due to the fact that i sued them for charges on a current account and i won since then they tried everything with us to make us a pay ridiculous amount of money, i t was even really hard fro them to pay until i threatened them with bailiff.

 

i did an S.A.R - (Subject Access Request) request, the 40 days are up and still nothing i am giving them an other 7 days to comply . You are not obliged to give them any more time... and can report them online to the Information Commissioners Office. It takes a while for the Information Commissioners Office to get back to you, but when they do, you will have a case number. idid that as they were never sure how muh money i was supposed to owed.

i went to trading standard which passed me straight away to consumer direct (OFT) but they told me they could nothing to help me they have every right to do so so what is my best course of action ? i will be gratefull for any advice thank you. sorry for the rant and typo but i am getting really fed up with them and wan t it to stop .

 

Two things...

 

1. Stop talking/listening to them on the 'phone.

2. Scan up the alleged Agreements that they've sent you (blocking out all personal info).

[phill123]

thank you priority one as usual you hversoem comforting advrise . i sent them a leter against harassment but of course they don'tvare NAtwest and Triton .

 

as i have no scanner . i will type up the document i received .

 

for he visa card. i received a peice of A4 paper containing three smaal scale scan document. the first one on the left hand corner has in title "Natwest internet application " the second document on the same A4 paper o the right top page 2 of 2 my adress Natwestr adress and during your application you choose the following option:

Additional card to be issued to name X|Y

Card protection plan

Payment protection plan ( i don't remembered signing for one )

Airmiles.

 

The schedules:

 

. the crfedit limit on your account will be as advised on your agreement with us, or such other credit limit as we may notify from time to time ........

 

this term and condition .....

at tehe end of the copy there is a box your right to cancel then an other box stating that this is a CCA regaulated by the same act in 1974 and sign iof you only want to be executed by its term.

 

ther is my supposed signatures amd my partner signed on xx/xx/05 AND SOMEONE REPRESENTING THEM.

second document still on the same A4 pieceof paer page 1 of 2

 

the first senteces start with CCA regulated by CCA 1974.. your right ... your declaration and authorisation:

 

Please note that your agreement continue on page 2. "

 

THERE IS A BIG BLUE STAMP ON THER TOP LEFT CORNER COPY my family name is mispelles my mother maiden name is not the same as my mother but my partner and although it is mispelled too my employer name is mispelled on the " natwest internet application".

 

FOr my Mastercard well it easy to describer only the term and condition photovopied with label of natwest no signature no prescribed term as usual .

 

soory for my typo but but asw usual all document sent to me are doesn't conain any presecribed item even though Miss Benneth think so lol she must be busy lol ..... i don't talk to them on the phone they seem to not understand to stop calling me even thought i don't answer and when i do it is them . i keep logggin them but they don't care they keep going they stop for two or three weeks anmd starting all over again i am so fed up of them. sorry for the tant but i amn living sith someone with disbility and it is already stresfukk enough and i woul dlike for them to coomunicate by post !!!! sorry any help will b e gratefully appreciated and welcomed .

[PriorityOne]

It's difficult to say one way or the other from the description Phil.... If you are unable to scan, all I can suggest is that you cut/paste your last post into this thread. People tend to dissect "Agreements" more here and would be able to advise you better than me.

 

Consumer Credit Act Agreements

 

[phill123]

sorry my last question the seven says for my SAR request will be up pretty soon on monday. i already filed a complaint to thre inforamtion commisioner . anyway i want to apply for a court order for them to comply howevder is the defendant the Original creditor pr the DCA, here Triton. i did my request to triton as in evry letter iwith them was we are going to sue you so i felt that the sar must go witht hem as they are dealing with my account . however i am not too sure now who is dealing with my account triton or natwest( as i receiveda statement from them and a letter by triton acknowledging that they are dealing with my accounts ). however my SAR was received in southend on sea which i believe it is natwest this is a bit wierd you sent a request to triton and it is natwest dealing with that. so who shalli pursue triton or natwest, or both of them ? thank you .

[PriorityOne]

The company that was sent the SAR is the company that has the responsibility of complying with that request. You also need to know if what Triton have sent you is enforceable or not.... Peterbard is the expert on that.

[shane5408]

sorry my last question the seven says for my S.A.R - (Subject Access Request) request will be up pretty soon on monday. i already filed a complaint to thre inforamtion commisioner . anyway i want to apply for a court order for them to comply howevder is the defendant the Original creditor pr the DCA, here Triton. i did my request to triton as in evry letter iwith them was we are going to sue you so i felt that the S.A.R - (Subject Access Request) must go witht hem as they are dealing with my account . however i am not too sure now who is dealing with my account triton or NatWest( as i receiveda statement from them and a letter by triton acknowledging that they are dealing with my accounts ). however my SAR was received in southend on sea which i believe it is NatWest this is a bit wierd you sent a request to triton and it is NatWest dealing with that. so who shalli pursue triton or NatWest, or both of them ? thank you .

 

Hi,

 

Fulfilling the SAR is the original creditors responsibility unless there has been a full absolute and legal transfer of the debt from Natwest to Triton. I had several Natwest cards that subsequently went to Triton, I would think Triton are simply acting as agents to collect on behalf of Natwest. Given that the request ended up with natwest anyway it's fair to say triton simply passed it on to them.

 

Are you able to post a copy of your agreement? There are specifc terms and requrements that must be on the agreement for it to be enforcable, if they are mis stated or lacking in any way the debt is unenforcable and the creditor has no recourse whatsoever to enforce the debt.

 

kind regards,

shane

[phill123]

unfortunately i don't have a scanner i onl;y received only a blank agreement for both card one wit "sugnature2 ( i can prove that it isn't mine as my true signature is on my national id card, i am not british) and an other agreement regarding my master card which is blank no adress no name , no date of birth, no adress , no date nor any signature they are keeping themselve behind thathey can ommit personal data i mentioned before well i think .. lol

 

both document signature or not are missing both prescribed term one of them is apparently signed by "me" and thew other one is blanked. it descroibed only the term and conditoin under a CCA 1974 . both of them were accompanied with a leaflet from the Financisal Ombudsman and that is it.

 

i wish to be more helpfull on this one but i desribed as much as i could.

[phill123]

sorry to ask for a cpourt order should i ask natwest then as it is the orignianal creditor? my request to triton were transmitted to natwe4st in southend on sea . sorry i just need clarification both my agreement are blank only one of them contain my fake signature. I only asked my SAR to be know hat they hold about me as i never received in a firsit place a default notice ??? thank you

[PriorityOne]

If I've got this right then... they have sent you BLANK "Agreements", but with your signature on them ? Are there any figure on there... APR ? credit limit ? Terms & conditions ?

[phill123]

no nothing on them a part on my visa card agreement with explain the financial particulard of the card. for examnple balance transfer made within the first six month from account opennin monthy interset rare / annual interest rate /APR and gives the same detail about money transfer and advances and cheques which doesn' apply to me as i don't a cheque book with them. ther is no mention of credit card limit the amount of repayment when it i s due what are the penalty and charges for deafult none of these doesn't appear on the agreement.

 

they kept saying they have comply with my request and intend to pursue vigorously the repayment of this debt .

 

i receive no term and conditions just a blank agreement with a big blue rubber stamped COPY on them on my visa card and mastercard. however on my visa card there is also a big black stamps in the middle of the agreement mentioning agreed for and on the date of issue a date and a signature the copy is so small it is very hard to read it. there is some detail concerning a natwest internet application, which i remembered applying for a loan but i was turn down due to my really bad credit scores. the signature only shows on my visa card agreement and not for my master card.for both i received a blank agreement with no term and condition a so called statement ( no header no Natwest label no ban account number, went to my branch and they confirmed that here are not copy of a original credit card statement) and a leaflet explaining how to complaint to the Financial ombudsman.that was it. ther is no figure for the mastercard agreement adn only the figures described above for my visa card statement.on boith agreement thgere is no detail about my name nor my adress no nothing. what i received is a really bad photocopy of an agreement it is very small, 3 pages scanned or photocopied onto an A4 piece of paper. so imagin how small this look like.. lol . thank you again priority one.

[phill123]

i forgot to mentioned in their letter they said they sent a copy of the term and condiotnj however they haven't as i am still waiting ot received it yet... they saying also under regulation of 1983 cancellation ( sorry cant remembered the exact words i don't the letter in front of me .... lol) they are not obliged to give away or showing any detail of the cardholder. iasked for a statement of affair too but nothing come just again a really bad photocopy of a statement but it doesn;t mentioned howmuch i already paid and so on....