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

[PriorityOne]

Phill.... I would hate to give you the wrong advice on this....

 

Although most of your posts suggest that it might be an unenforceable Agreement... and my gut feeling is that it isn't, there are other aspects that indicate that it might be because it's hard to understand what you're saying at times.

 

If you know anyone at all who has access to a scanner , then please post it on here with all personal details blanked out....

 

The only way to know for sure is if you can scan it up on here.

[sequenci]

I agree with P1, if you would be able to scan the agreement we will be able to take a look for you. Let us know

[PriorityOne]

Ok Phill...

 

The signature issue is what's putting me off... I'm assuming that this CCA has come from Triton ?.... or has the account been returned to NatWest ?

 

A creditor/DCA can omit the signature box and name & address of the debtor if they wish to hide behind the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, but they'd need the signed document in order to try and enforce it through the courts....

 

However, you are saying that there is a signature on there... but that it's not your own...

Something about balance transfers made within the first six months

Monthy interest rate

Annual interest rate

APR

 

If there is no credit limit or terms & conditions, then it sounds like an Application.... in which case, it doesn't matter whether you've signed it or not. An Application is not the same as an enforceable Agreement.

 

Has this come from Triton themselves.... or was the CCA request forwarded on to NatWest, who then sent it to you ?

[sequenci]

I think Triton are in-house to Natwest.

[phill123]

thanks sequenci i think they are too as my debt hasn't been sold to a DCA, BTW i amnage to have a friend to scan my CCA i hope this help

 

this si for my visa card:

http://i216.photobucket.com/albums/cc227/fatou215/VisaCCA.jpg

 

this is for my visa card:

 

http://i216.photobucket.com/albums/cc227/fatou215/CCF30102007_00000.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page2.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page3.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page4.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page5.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page6.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page7.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page8.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page10.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page11.jpg

http://i216.photobucket.com/albums/cc227/fatou215/page12.jpg

 

i hope you can see then iused photobucket but ti is the first time i have done it.... anyway this is all i received along with aletter claiming that hey have answer my CCA request and they do not have to divulge any name nor signature and along a really bad copy of a statement ( which apparently it is not conform to a natwest credit card account as i have been told by my branch) .

 

thank you again and sorry for the late reply. thank you

[shane5408]

Hi Phill,

 

I can't quite read the application form, can you ask your friend to try and scan again at a higher DPI. Basically make it a bit better quality so that its possible to read the terms on the agreement.

 

kind regards,

shane

[phill123]

hi shane i wsih i could do for the visa card CCA but even a the naked yes it is difficult to read it i need a magnifying glass what is a DPI ? for the mastercard it is only a blank agreement that i have apparently signed however they refused to show that to me inthier own word " the provisoins of the true copy in this form i smade in relaice of regulation 3(2) and 7(1) (b) of the CCA (Cancellation Notices abd Copies of documents) Regulations of 1983. Particulary 3(2) which poermit the copy if the agreement not to show signatures or personal details that may have appeared on the application part of the document..... ) after the ygoing on about yhey are no statuotory right for them to provide any dpersonal detrail about me on the agreement which is ok burt in court they will need to provide that which i understand perfectly. however i never received a default notice whatsoever from NatWest telling me that iam over init most of it it i son interest due to unlawfull charges ( i already recliam part of the charge but no interest). i only found out that it was onto a DCA from a successive phone cal from triton ( well between 20-30 phone call a day) anyway icahnge my phone number now so it's quiet now lol . but it doesn' resolve the fact that triton have not answer my S.A.R - (Subject Access Request) request that was wel lover 40 days now and passed my request to NatWest apparently ..... so i intend to aplly for a court order to oblige them to provide those information lol and i have stioll nt heard a things from the information commisioner. lol .. i know it can took a while before they act.. lol

[phill123]

ok will do hopwever i can't manage to put hogher especially for the visa card i recieved this agreement like that anyway will try to contact peterbard . thank you .

[phill123]

hi again i received finnaly my SAR report today by triton you have to see how i arives all of my SAR was held together with a pice of rubber band as the envelopp was so damaged nthat really professional ( they have never heard opf securoty and odentity theft ... anyway i took a picture of it so that count as proof)..... anyway as usual ther is a lot of informatin that i asked wasn't there at all such as :

 

-record of every phone call made to me are not all there,

-there is copy of a lot of stateme nt from natwest even soem i have never received,

-no copy of default notice being sent to me

- no copy of agreement

- no document regardin g insirance ittok regarding those credit card

- no copy of any notice of fair use o fmy data as required by the data protection act

-no copy to whom who they have shared my data with a third party 9 Ir e GReenand Co soliciotrs for example)

- no document they wosh to rely upon court as they kept threatenming me witgh CCj so i asked also about that to be enclosed.

- no complaint procedure of their company as required by the CCA 2006.

 

in theri covering letter they are saying:

 

" please find enclosed copy of statrewmtn for each account with was provided to us by our client.

Unfortunately we are not able to provide specific account data for the time periods outside of our direct involvement and would suggest, should you require information, that you make a SAR direct to our client , enclosing a cheque of 10 pounds to /... NAtwest Cards services....

 

What a cheek they can retrieve all my statement, to natwest even thouigh they have snet my SAR to them directly but no able to provide informatin such as default notice etc..... mmmm...

 

we note that you have requested copies of any electronic recording between this offices and yourselves.l we can confirm that no recoding were made by thi s office of any conversatoins between xx september and xx september were have been documented due to the alleged claims made regarding these claims.... )

 

well an other cop out ... i can say that i have a lot a log phone call made by them even thouggh i wasn't speaking ot them on the phone ....

 

some of there comment were a ltof lies such as the claimant was offerd a reapyment of 30 popunds /motrh but refused yes i refused but he payment were asking was 150 pounds /month i am on benefit and they know that.......

anyway whata should i do now i have absolutely enough of them and theri lies ? anyway sorry about the rant ....

[Peterbard]

HI I wil reply to your PM

 

 

Regards

Peter

[PriorityOne]

Hi Phill,

 

I can make out some details of the Agreement... as my screen is fairly huge... but you will need to run this past Peterbard to know whether it's enforceable or not.

 

I am able to make out the following :

 

"The credit limit on your account will be advised on your Agreement with us".... which suggests that the credit limit is not already present on what they've sent you here.

 

"During your Application you chose the following options".... which suggests that you may have filled in a different form prior to this one, which might mean that this form is the Agreement.

 

Please PM Peterbard on this one Phill.... or post your links onto the thread link I gave you earlier. Apart from it not being very clear to read, there is too much room for thought and because of this, I'm not comfortable advising you one way or another unless we know for sure.

[phill123]

thanks priority one as usual you are a great help and a star and also thank you peterbard for your help i just answered your pm .

 

however for the visa card agreement i can't do anything else even ( well i don't know what else to do for the moment!!) at the naked eye is very difficult to read , well almost impossible, and trust me i tried everyting maginfying glass, but it is very difficult to read almost inelligible .

 

i already asked natwest to sent me an other one as i told them i cant read properly and check the term and conditoin and i even quoted the CCA act 1974 for it but they don't care they stand on their ground that that is a true copy and that all i will get now they wan ttheir money but i can see any term and condiotn nor any rate of interst apply and this is what i am arguing for th ermoment it i salmost impossibloe to read it , everyting is squuezed onto an paper for an agreement of 3 pages.

 

anyway i understand your position ai ammyself don;t know what to do on this one lol .... anyway thank you all i will keep you posted ...

[PriorityOne]

Whatever it turns out to be, the document would have to be legible anyway.... if you can't read it, then a judge won't be able to read it either.

[phill123]

this is my thought too by what i can make up using a magnyifying glass both document are the same however one has my signature , the visa card and the other one hasn't , the mastercard, they are both blank agreement and natwest insis this is the agreement. however there is no prescribed term whatsoevers.

[phill123]

hi priorityone pertyer bard agfreed with you the fact the document is not legible meant it cannot be emforced even thought it show a signature. however it let me puzzle that i asked for a SAR adn even throught that no agreement was shown nor any default notice only statement ... does anyone know how i should i proceed further ??? thank you

[PriorityOne]

Suggested letter by recorded delivery...

 

Dear xxxx

 

Ref xxxx

 

Thank you for your letter of xx/xx/2007.

 

Unfortunately, the document that you enclosed is an illegible copy of what appears to be an Application Form. I would therefore be grateful if you could send me a legible copy of the Consumer Credit Agreement (Consumer Credit Act, 1974) that I allegedly signed.

 

Please be advised that until such times as you are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Yours sincerely,

[phill123]

thanks priority one will do that asap lol how do you know what should i do for the info missing on my SAR ?

[PriorityOne]

Do they owe you more in charges than the amount of the alleged debt.... or do you owe them more than what they've taken in charges ? Was the SAR to NatWest or Triton ?

 

I will have to reply tomorrow Phill... as I need to log off now.

[phill123]

i di first a SAR to triton as they were dealing with my account, i have done it as they coldn;t give me any statemtn and the amount i was supposed to owed was changing from letter to letter and phone call to phone call. I have the sneaky suspsiion that natwest or truiton charged me interest and a pllied soem charges while the account is isn dispute . peterbard advise me to SAR natwest to see if they come up with the agreemtn whci doubt very m,uch as triton didn't only statemetn and one phone call transcript along many missing ... ok will wait unti tomorow . thank you anyway for your help i much apprecaited .

[PriorityOne]

Hi Phill,

 

This S.A.R - (Subject Access Request) info. is from Triton, but as they have not sent you a legible CCA to date through the SAR and/or a separate CCA request.... I wouldn't worry too much about the other info. they've actually sent you.

 

So... do NatWest owe you more in charges than what Triton are chasing you for ?.... If so, then your best course of action would be to go through re-claiming these charges through an SAR to NatWest in order to see what charges were applied before the account was passed to Triton in the first place.

 

If you owe them more (allegedly) however than they owe you in charges, then without a CCA.... neither of them will be able to pursue you for it.... so you don't need to do anything more at this point other than to report Triton for continuing to pursue you for payment on a disputed account (if they do).