Trouble with Triton

[curly bob]

Hi Ive just fund this forum , I've been having trouble with Triton as well as many people , I had arranged to pay them £100.00 a month for a RBS credit card bill that they put me in defalt for, as I was off work with cancer and the PPi i had with them would not pay out ( as self employed ) they have refunded all ppi payments and interest back to the account but only after the fob got involved . the standing order I set up would not pay out to them on the days it was ment to , so I paid with debit card the amount we had agreed I have just been told by the RBS that the account number Triton gave me to use Number 00000000 was a RBS account but the rbs computer system could not pay in to that account , eventualy Triton reluctatly gave me a different account number to use the first standing order payment was paid a couple of days ago the day afte the payment was made in this way a very stroppy girl rang to say the payment was late and the agreement had been canciled , and they would not have agreed to £100.00 per month anyway even though I have got this in writing from them she said a mistake had been made and a 0 had been missed off the payment as they now wanted £1000.00 per month . has any one else had problems with tritons account numbers ?

 

Thanks

[phatram]

Bob,

I would advise you to start your own thread and then you will get more help than putting it here or ask one of the site team to move your post to the correct section so we can sort you out.

Good luck.

[maroondevo52]

Hello and Welcome, curly bob.

 

As suggested by phatram, I've moved your post and started a new thread for you.

 

Regards.

 

Scott.

[phatram]

Have you SAR'd or CCA'd RBS or Triton?

[sickboy]

Hello!

 

You do know that Triton is RBS. Personally I would ignore Triton and only communicate in writing with RBS.

 

Has RBS defaulted and terminated the account?

 

It's probably a good idea to scan the default/termination notice and post here (minus personal details).

 

If they're being pushy then chances are something isn't right, perhaps they don't even have a cca etc. How long have you had the account with them?

 

Are they still adding interest to the account?, this is a good starting point

 

Regards

[harrassed senior]

If you are unable to pay such a high monthly sum, ie are on any disability payments, any Court would only order a maximum fo £1 per month.

 

As suggested I think your first move should be to send a CCA Request. This will get you, or not, confirmation that they have the correct paperwork for the debt to be legally enforceable in Court. This is less expensive than sending for a SAR at present.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

 

You could also send an amended to suit copy of my letter below so that you can reduce your monthly payments to an amount to suit YOU.

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

Print name do not sign

[skydancing]

we never got total of a termination, just a letter from Triton, we did a cca, they could not find credit agreetment with RBS... so it was cleared.. They are very nasty to deal with.. it with the help of consumers forum.. many thanks to them.. We are two payments now in ending our DMP, with payplan.. They said if we owe some more as in interests charges, we still be with them. fingers cross. both stay or creditors cleared all balances nothing more to be paid.. we live in hope for the latter best of luck those who are dealing with Triton, of course all debts.. too sky xx

[2Grumpy]

Triton are a slippery mob. They will tell you that black is white.

 

They probably claimed that they meant 1000 because you paid 100 and they realised they could be asking for more.

 

CCA Triton & ignore their threats. Send the other letters that senior suggested as well.

 

Don't talk to them on the phone, don't go through security, tell them that you need everything in writing.

 

Hope your health improves

 

Grumpy

[curly bob]

Wow Many thanks to you all for your help I have today sent a cca request to Triton the card was taken out in 1999 so I will have to wait and see what happens , again many thanks things seam a lot better when you find out its not just you but other people have been dealing with these NASTY people

cb

[curly bob]

Hi

Yes RBS have defaulted and terminated the account , i dont beleive they are charging interest buy its hard to tell with not having statements willtry and scan the documents an post them for you to look at but not having much luck with the scaner at the moment,

 

Many thanks

[curly bob]

Thanks for that Grumpy, have had a phone call from Triton to day to say have got my section 78/71 request and have put the account on hold for 14 days so i can get my paperwork in order ???

 

Thanks

cb

[harrassed senior]

Just a point, I would suggest that you do not take ANY calls from Triton, for whatever reason, as you have no 'paper trail' or proof of what has been said. If they call again, do not answer their security questions, and request in writing only and put the phone down.

[curly bob]

Thanks for that , I see your point will now request everything in writing.

 

regards

cb

[curly bob]

Hi All,

 

I have today recieved documents from the RBS in reply to my CCA letter along with the attached letters I also received 1 statment from November 2010 and also a credit agreement ( copy not signed ) for a RBS visa clasic credit card my card was an RBS platinum one so now I am verry confused can any one make any sense of this please ?

 

Thanks

CB

appliccc.doc

cccletter.doc

[Tingy]

On a slightly different tack, you mention in your original post you hade made a payyment with a debit card. I would suggest you contact your bank and tell them you have lost yours and request another one. It is not beyond these people to try and take money from your account without permission.

[curly bob]

Hi Tingy

 

Thanks for that , it had'nt crossed my mind but now knowing what there like I will give it a go.

 

CB

[skydancing]

when you put things in writing PRINT your name, as they could lift the image if you sign your name.. You willl get a letter from RBS, telling you that there is no agreement, if they cannot find it... that they would cancel what you owe.. best of luck..

[curly bob]

Thanks for the information Skydancing will do

cb

[PriorityOne]

They've only sent you an Appication form.... the clue is in the letter; before you even see the doc. they've enclosed with it. As soon as you see the words "copy document regulations" or simlar, then this is normally a good indication that they have nothing enforceable. This is not an Agreement, so they really need to bog off now until such times as the Agreement can be located.

 

I am currently dealing with Triton myself but they haven't given me any grief at all so far. Having said that, they don't have my 'phone number either...

 

The following letter is an amalgamation of several of my own, so you may still need to edit it to suit. If/when you're happy with the content though, send by rec. delivery......

 

Dear Sir/Madam,

 

Your Ref xxxxxx

 

I do not acknowledge any debt to your company.

 

A legal request for a true copy of a Consumer Credit Agreement was made to your company on xx/xx/xx. To date, the only documentation received by way of response has been an illegible pre-contractual microfiche copy of an application form from xxxxxxx; with no prescribed terms, APR and/or embodied terms and conditions. Therefore, until such times as you/xxxxxxx are able to comply with this request with a properly executed Agreement, the account remains legally unenforceable under the Consumer Credit Act 1974; sec. 127(3) and no further payments will be made.

 

I now request that you confirm whether you/xxxxxx hold or have ever held a signed, properly executed Consumer Credit Agreement pertaining to this account and if so, to forward a copy to me instead of the microfiched Application Form that you/xxxxxxx have so far provided. If you/xxxxxx do not have a signed, properly executed Consumer Credit Agreement pertaining to myself however, then I require written confirmation by return (Consumer Protection from Unfair Trading Regulations; CPUTR, 2008).

 

Please be advised, that any further attempts to pursue a disputed account in defiance of legislation contained within The Consumer Credit Act 1974, will now be reported to the relevant authorities without any further notice. Please also note that I am only prepared to deal with this matter in writing and any further attempts to contact me by telephone will be recorded by time and date before being rejected.

 

Yours faithfully,

[curly bob]

Hi Thanks for looking at that its confirmed what I thought may be the case I am a bit concerned though as if they do make a reconstituted CCA it may stand up and I dont trust them an inch

cb

[PriorityOne]

Hi Thanks for looking at that its confirmed what I thought may be the case I am a bit concerned though as if they do make a reconstituted CCA it may stand up and I dont trust them an inch

cb

 

They can provide you with a reconstituted Agreement in response to a CCA request, but would need the original in court.... Most write in the hope that you know nothing about this but since the above letter asks for confirmation under CPUTR 2008, you may not even hear from them again.

 

[curly bob]

Thanks for clearing that up , I will give it a wirl and see what happens next , will keep you posted.

Thanks

cb

[curly bob]

Hi and Happy new year to you all,

 

Hi Priority one , I sent the letter you recomended on 11th December and all has been quiet , however to day Triton have sent a letter dated 23rd December 2010 that in a nutshell says the RBS sent a full response to my S78 request on the 25th November 2010 and therefore the full balance is due with in seven days of this letter or further action will be taken with out warning or delay, and they trust this clarifies the situation !!!!! what Muppets ,

any advice would be welcome,

 

Thanks

CB

[PriorityOne]

Looks like you're slightly behind me in the game here Bob.... looks like a template letter from them, as I've had one similar. They seem to be side-stepping CPUTR.... so you could write (rec. delivery) back referring them to your previous correspondence or ignore it. If Triton persist in defiance of CPUTR, then they're likely to face a multiple complaint in time though...

[curly bob]

Thanks P1 , just checked with Royal mail and the letter was delivered to Nat West on the 15th with 20 other recorded items ( ive never banked with Nat West but am a were that Triton are there in house dca) I will keep you posted as to what they get up to next.

CB