Triton Credit Service

[cerberusalert]

Do you mean overlimit fees, latepayment fee?

Yes and any insurance.

 

As I said, your agreement isn't covered by CCA 1974 but Triton haven't realised it yet, they are working on the assumption that this is a UK debt covered by UK legislation.

 

Did you send the letter in post #20, if so and they haven't responded to it just ignore them.

[Suarez]

Hi All,

 

I have sent the letter in post #20 and attached is their response. They still maintain that the documents they supplied are sufficent. Can some have a look at the attached letter and let know what they think?

 

Again it is Triton who have sent this letter and not Ulster Bank. This is not the letter format UB use and also there is not reply address or contact details.

 

Triton are not in their jurisdiction so whats the worse they can do to me, sell the debt to an irish collection agency?

 

Regards,

 

 

Letter.pdf

[cerberusalert]

Triton are not in their jurisdiction so whats the worse they can do to me, sell the debt to an irish collection agency?

In a word yes.

 

I've asked one of the other Mods with more experience of the ROI to look in when they come online.

 

It sounds to me that it is some 17y.o who's writing to you & they are too thick to realise you are in the ROI & that you have your own Statutes.

[ScarletPimpernel]

Cerberusalert asked me to take a look at this thread.

 

Firstly, it's correct that Triton are Ulster Bank, which is part of RBS. The Triton's provisional wing is a couple of pimply youths at a desk in Ulster Bank's offices in Stranmillis, Belfast, but letters seem to come from the office on the mainland, even if they have NI details, although occasionally Ulster Bank sends collection letters from Dublin. As you can imagine, this leads to considerable recto-humeral disassociation.

 

In this case, the agreement should be under the Irish Consumer Credit Act 1999, not the UK CCA 1974. Triton do not appear to realise that ROI is a foreign country with its own laws. Could anyone be stupid enough to do this; absolutely. My experience of dealing with Ulster Bank/Triton (on behalf of someone else), was that they are persistent but terminally dull.

 

It seems to me, then, that the first step is to look at what Triton purport to be the credit agreement, and the first thing to look for is which Act it quotes.

 

Is it the UK CCA 1974? If so, then in my view the agreement would be void since it won't meet the requirements of ROI law. If Triton are trying the usual reconstruction approach it has backfired big time.

 

Is it the ROI CCA 1999? If so, then we will need to look at whether it meets the requirements of the Act.

 

After that, we can look at whether Triton/UB are acting lawfully according to ROI law. I leave you with this little bit of the CCA 1999:

 

Making demands and threats in relation to unenforceable agreements.

 

49.—(1) A person shall not make a demand for payment or assert a present or prospective right to payment in respect of an agreement which is unenforceable under this Act.

 

(2) A person shall not, with a view to obtaining payment in respect of an agreement which is unenforceable under this Act—

 

(a) threaten to bring any legal proceedings,

 

(b) place or cause to be placed the name of any person on a list of defaulters or debtors or threaten to do so, or

 

© invoke or cause to be invoked any other collection procedure or threaten to do so.

 

 

Oh yes, and there's also the Non-Fatal Offences Against the Person Act 1997.

 

This Act bans DCAs from distressing, alarming or humiliating consumers.

 

Regulated firms (e.g. banks) that employ debt collectors must ensure that consumers are treated fairly under the Consumer Protection Code.

[Suarez]

Hi Folks,

 

Thanks for the prompt reply.

 

So from what’s has gone before is the debt enforceable under the UK CCA 1974 as this seems to be the Act they are following?

 

If so what should I do next. From their last letter they seemed convinced they have complied with the act however they are out of their jurisdiction as I'm in the ROI and the whole process is a sham.

 

I presume at some stage the penny will drop and they will realise I'm in the ROI and what then?

 

I'm confused as to what to do next some more time would be great to get my act together financially.

Cheers

[cerberusalert]

So from what’s has gone before is the debt enforceable under the UK CCA 1974 as this seems to be the Act they are following?

Not if you took it out in the ROI.

If so what should I do next.

Ignore them.

I presume at some stage the penny will drop and they will realise I'm in the ROI and what then?

Don't hold your breath, just sit back and enjoy them burying themselves.

[ScarletPimpernel]

 

So from what’s has gone before is the debt enforceable under the UK CCA 1974 as this seems to be the Act they are following?

 

I've now had a chance to look at the scanned documents. The difficulty is that looking at the papers they have sent you, the first page very clearly states that it is an agreement regulated by the Consumer Credit Act 1974', whilst at the top of the next page it says it's regulated by the (Irish) Consumer Credit Act 1995. The application form refers to Irish law. The question is, is the first page enough to render the whole thing void, or would it be a de minimis matter - they will undoubtedly claim it's an 'admin error'. Oh what a tangled web they weave...

 

There are others here who know the issues of enforceability better than I.

 

What is certain is that they aren't going to get anywhere taking court action in UK, especially if you've never lived here - they can't try the 'old address/default judgement' trick.

 

If so what should I do next. From their last letter they seemed convinced they have complied with the act however they are out of their jurisdiction as I'm in the ROI and the whole process is a sham.

 

I presume at some stage the penny will drop and they will realise I'm in the ROI and what then?

 

I wouldn't hold your breath waiting for Triton to work it out, because I suspect that this is all being dealt with by their mainland office (the Belfast youths are phone drones). Their correspondence is either templates or cut and paste.

 

Admiral Lord Nelson said: "Gentlemen, when the enemy is committed to a mistake, we must not interrupt him too soon."

 

So, I think it is time to sit and wait for their next move - see what they threaten next.

 

Ultimately, I suspect that they will do one of two things: sell the debt to a UK DCA, or pass it to a ROI DCA. Going to court for consumer debt in ROI is not to be taken lightly - for the creditor - because they can't claim costs in such cases; as a consequence, for small sums they won't bother. UB's Dublin office will no doubt be aware of the Master of the High Court's recent statement, as described here: http://www.consumeractiongroup.co.uk/forum/showthread.php?305185-Brutal-debt-collection-driving-to-suicides-Master-of-the-High-Court-speaks-out-in-Ireland(1-Viewing)-nbsp

[Suarez]

I'm going to wait and see what happens next I'll keep you posted.

 

Again thank you for the very valuable information.

 

Regards,

[horus]

Going to court for consumer debt in ROI is not to be taken lightly - for the creditor - because they can't claim costs in such cases; as a consequence, for small sums they won't bother.

 

 

Interesting to note!

[Suarez]

Hi All,

 

TCS have not contacted me since by letter but have instead started calling 3-4 times daily.

 

At first I didnt know who it was because when I called the number back it just went dead!

 

When they call they wont say who they are and what they want until I confirm who I am.

 

At this point I refuse until they tell me who they are and what they want. They say they will keep ringing back until they get Mr xxxxxx

 

The number is 0044 1702276200 I believe this is a southend number. They used to call me from scotland. I think they may have passed the debt to someone else as there was no contact for weeks until the calls started last week.

 

Why are they not contacting me by mail any more?

 

Is it because I sent the the DCA non compliance letter

 

Has anyone else been in a similar situation?

 

Thanks

[cerberusalert]

The number is 0044 1702276200 I believe this is a southend number.

It's Tesco/Triton.

Why are they not contacting me by mail any more?

 

Is it because I sent the the DCA non compliance letter

 

Has anyone else been in a similar situation?

They are just trying to grind you down, just ignore them & definitely refuse to answer their stupid 'security' questions.

[the_shadow]

Hi All,

 

TCS have not contacted me since by letter but have instead started calling 3-4 times daily.

 

At first I didnt know who it was because when I called the number back it just went dead!

 

When they call they wont say who they are and what they want until I confirm who I am.

 

At this point I refuse until they tell me who they are and what they want. They say they will keep ringing back until they get Mr xxxxxx

 

The number is 0044 1702276200 I believe this is a southend number. They used to call me from scotland. I think they may have passed the debt to someone else as there was no contact for weeks until the calls started last week.

 

Why are they not contacting me by mail any more?

 

Is it because I sent the the DCA non compliance letter

 

Has anyone else been in a similar situation?

 

Thanks

 

They're contacting you cos theyre getting no joy by writing... give it the same amount of time and they'll prob give up ringing too

[Suarez]

Hi All,

 

I sent a letter to Triton that they were is still in default of the CCA and told then I'd report them for harassing me by calling me constantly on the phone. Now the calls have stopped and I received the letter below from Green & Co Solicitors this morning.

 

I know that Green & Co is effectively Triton and this is a template letter they seem to use regularly because it’s all over the internet.

 

They have given me 7 days to pay in full and that time has lapsed already because the letter is dated 9 days ago.

 

Can any advice my next move. Will I send a letter to Green & Co saying I still haven’t received a valid CCA?

 

Can they get a judgement in a UK court that can be enforceable in the ROI

 

Thanks for the help so far it’s been invaluable.

 

 

Green & Co

SOLICITORS

xx July 2007

 

Mr xxxxxxxx

 

 

 

Your Ref: xxxxxx

Amount Due:

 

 

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 formal 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 Limited and send them to our client, details we confirm below:

Triton Credit Services Limited

P0 Box 5827

Basildon

SS14 1XS

Freephone: 0800 163672

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 client’s behalf.

Yours faithfully

Green & Co

Please quote Ref No: xxxxx on all correspondence.

Principal: J.A.M. Green LL.B.(Hons).

This Firm is the practising name of solicitors employed by The Royal Bank of Scotland Group

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

[bazaar]

seems like one final throw of the dice to get you to cough up, maybe they know they are to a losing ticket. You'll next get an offer you cant refuse such as ' we will offer as full and final payment a reduction of your debt, blah de blah'

[Suarez]

Hi Folks,

 

A new development is a letter from a another DCA called Risk Management Alternatives - RMA.

 

Has anyone any experience with these people?

 

Whats my best course of action will I send then another request for the outstanding CCA or jsut ignore them totally?

 

Thanks again.

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency