Triton Credit Service

[Suarez]

Hi

 

I,m hoping someone can help me with some of my questions. My credit card company Ulster Bank Ireland have transfered my debt to Triton Credit Card Services in the UK. They have demanded full payment and then offered to reduce my 7000 euro debt to 5000 if I pay up front.

 

I have called their office to try and make alternative arrangements that I can afford (160 per month) but to no avail. They then wanted me to pay 700 euro per month but I said 160 is all I can afford.

 

I then got a letter from them saying that they have instructed Ulster Bank solictors to proceed with legal action. I then called Ulster Bank to see if they new anything about this. They said they sold the debt to Triton and this has nothing to do with them!

 

I wrote to Trition requesting a CCA and also another letter stating that I was willing to pay 160 permonth.

 

Since I live in Ireland and they are a UK company can they take me to court in Ireland as they have threatened through Ulster Bank Solictors who said they have washed their hands of the debt? I'm willing to pay but just what I can afford. should I start sending them postal orders for 160 per month?

 

What will I do next ?

 

Many thanks

[Sand-Dancer0191]

On your T&C's it should state what country laws the agreement is covered by.

May be better to tranfer post to legal!!!!!

[the_shadow]

Hi Suarez I'll move this to the overseas debt forum for the best possible advice.

 

S.

[cerberusalert]

Triton are the in-house collection arm of RBS and Ulster Bank are part of that group.

 

I take it you are in the ROI?

[Suarez]

Hi,

 

I dont have the T&C's unfortunetly.

 

I have proposed to pay 160 per month. Will I start doin this just ot be seen to be proactive in repaying the debt should it ever go to court?

[Suarez]

Yes thats right I'm in the ROI.

 

I requested a CCA from them was this the right thing to do?

 

Regards

[cerberusalert]

Did you open this a/c in ROI or NI?

[Suarez]

Hi,

 

I opened it in the ROI

 

Thanks

[cerberusalert]

Triton cannot take any enforcement in the UK for two reasons, firstly you are not a UK resident & secondly it is out of their jurisdiction.

[Suarez]

What do you recommend I do next. They definitley own the debt now.

 

Will I start to pay what I can. They are saying that the Ulster Bank Solicitors will be taking me to court for a CCJ but Ulster Bank say they have washed theyre hands of it.

 

I have requested a CCA from them are they obliged to proivide me with one as I'm in the ROI

 

Thanks again for your help

[the_shadow]

What do you recommend I do next. They definitley own the debt now.

 

Will I start to pay what I can. They are saying that the Ulster Bank Solicitors will be taking me to court for a CCJ but Ulster Bank say they have washed theyre hands of it.

 

I have requested a CCA from them are they obliged to proivide me with one as I'm in the ROI

 

Thanks again for your help

 

Please Please Please if you speak to them again record the conversation... or at the very least tell them you will be recording the conversation.. it's remarkable how they wind the threats in when they know what they say is being taken down in evidence for use against them

 

S.

[cerberusalert]

They are saying that the Ulster Bank Solicitors will be taking me to court for a CCJ but Ulster Bank say they have washed theyre hands of it.

As I said Ulster bank are part of RBS and Triton are their in-house collection arm so they've hardly washed their hands of the a/c. The only action they can take is in the ROI itself not in the UK.

I have requested a CCA from them are they obliged to proivide me with one as I'm in the ROI

I would assume that the ROI has the equivalent legislation, but as it is a UK arm of the bank it would be interesting to see what they produce.

[Suarez]

Hi,

 

Trition have eventually sent me back documents that they say saitidfy my CCA request.

 

They have send me a photocopy of my orignal "Application Form" and the a photocopy of a CCA but its not signed by me and have never seen anything like it before.

 

It has my name and address printed on it but thats it.

 

However on the bottom of the applicatio form where I signed my name its says

 

"This is a Credit Agreement regulated by the cutomers credit agreement. Signed only if you want to be bound by these terms and conditions"

 

Have they fulfilled their obligations to me regarding the CCA?

 

Regards,

 

Paddy

[cerberusalert]

Can you scan it, remove any identifiers and post it up as a pdf file?

[Suarez]

I will do. Dont have it with me today so I'll scan it tomorrow.

 

Thanks

[Suarez]

Hi,

 

I read somewhere that I maybe able to claim back overlimit fees, late payment fees back?

 

Is this true how does one go about this?

 

The account is open since 2003 so I suspect there is a lot of fees there.

 

Can anyone shed some light on this?

 

Thanks

[cerberusalert]

You can reclaim any PPI and unfair charges see; http://www.consumeractiongroup.co.uk/forum/showthread.php?135060-Mis-sold-PPI-Want-your-money-back-use-these-links-to-help

[Suarez]

Hi,

 

I have attached the three documents I received from Triton, one is the orginal application form and the other is a consumer credit agreement without my signature.

 

Also is the accompanying letter from Trition.

 

Are these sufficent to satify their legal obligation in respect of my request for a valid CCA?

 

Thanks.

Letter.pdf

CC.pdf

App.pdf

[cerberusalert]

In the UK that wouldn't be worth the paper it's printed on. They have sent you an application form which does not contain the prescribed terms within the four corners of the document. If you look closely down the left hand edge it says 'moisten and seal' which means it's impossible for the T&Cs they've sent to be part of that document.

[cerberusalert]

I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

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.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[Suarez]

Thanks for the info guys.

 

Because they are UK based I presume they have to adhere to UK law even when dealing with people outside of the UK.

 

I called Ulster Bank and the person I spoke to said that they had sold the debt to Trition. When I said this to Trition they said this wasnt the case. And now in the letter they are at pains to point out that Ulster banks have not sold the debt to them.

 

The accompanying letter is not from Ulster Bank but from Trition. I have received lots of letter from ULster Bank none were in this format with no contact details?

 

Why do they want me to think that the debt has not been sold?

 

I think I'll send the letter below and see what comes of it.

 

Thanks

[cerberusalert]

Because they are UK based I presume they have to adhere to UK law even when dealing with people outside of the UK.

The people who are dealing with it will not even realise you are in ROI & that the CCA 1974 doesn't apply.

I called Ulster Bank and the person I spoke to said that they had sold the debt to Trition.

Then they are either ignorant of the fact that Triton are in fact their own in-house collection division or they are trying to deceive you.

 

They are tripping themselves up, it is an ROI a/c which can only be dealt with in the ROI, the UK has no jurisdiction at all. Send the letter and let them run around in circles.

[Suarez]

Thanks again. I thinl I'll do that....

 

Do you recommend that I pay anything to them.

 

They are constantly look for me to engage in some form of payment?

 

Thanks again.

[cerberusalert]

Do you recommend that I pay anything to them.

I'm afraid that's something I can't do, it's a matter between you and your own conscious.

 

Have they added any unfair charges or was there any PPI with this a/c? If so you can reclaim those monies thus reducing any debt.

[Suarez]

Have they added any unfair charges or was there any PPI with this a/c? If so you can reclaim those monies thus reducing any debt.

 

Do you mean overlimit fees, latepayment fee?

 

Well yes they have can these monies be reclaimed and under which law?

 

Your help is appreciated.

 

Thanks