Sols letter help please.

[apples76]

We have received a letter from Solicitors acting onbhalf of Triton Credit Services with regards to a debt which we believe to be statute barred.

 

the letter is as follows:

 

"We are instructed by our client, Triton Credit Services, who are instructed by The Royal Bank of Scotland plc in connection with the above liability.

 

We understand that, despite formal demand for repayment, the above amount remains unpaid and we are likly to be instructed to commence court proceedings against you, without further notice.

 

Howerever, bewfore 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 and send them to our client, details we confirm below.

 

Should our client not receive payment or acceptable proposals within seven days, it can only be assumed that you will not settle this matter on amicable and reasonable terms. We are then likly to be instructed to commence court proceedings against you on our clients behalf."

 

 

 

this is not the first letter received, there was one back in September in which the reply we sent is below. to which we received nothing until the above letter.

 

 

"

September 30, 2011

 

Triton Credit Services

PO Box 5827

Basildon

SS14 1XS

 

Without prejudice

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

 

Dear Sir/Madam

 

Account No: XXXXXXXXXXXXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that we have no knowledge of any such debt being owed to The Royal Bank of Scotland

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

 

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

 

 

 

 

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

 

(1) proof of my liability regarding this debt.

 

and

 

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

 

We await your written confirmation that this matter is now closed.

 

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully"

 

 

could anyone advise on the letter to respond with.

 

 

Many Thanks

[Ganymede]

Hi,

 

Can you give us any more information about the debt? For example is it a credit card or overdraft? Have they supplied and documents? When was the last payment/acknowledgment etc...

[The Mould]

We have received a letter from Solicitors acting onbhalf of Triton Credit Services with regards to a debt which we believe to be statute barred.

 

the letter is as follows:

 

"We are instructed by our client, Triton Credit Services, who are instructed by The Royal Bank of Scotland plc in connection with the above liability.

 

We understand that, despite formal demand for repayment, the above amount remains unpaid and we are likly to be instructed to commence court proceedings against you, without further notice.

 

Howerever, bewfore 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 and send them to our client, details we confirm below.

 

Should our client not receive payment or acceptable proposals within seven days, it can only be assumed that you will not settle this matter on amicable and reasonable terms. We are then likly to be instructed to commence court proceedings against you on our clients behalf."

 

 

 

this is not the first letter received, there was one back in September in which the reply we sent is below. to which we received nothing until the above letter.

 

 

"

September 30, 2011

 

Triton Credit Services

PO Box 5827

Basildon

SS14 1XS

 

Without prejudice

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

 

Dear Sir/Madam

 

Account No: XXXXXXXXXXXXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that we have no knowledge of any such debt being owed to The Royal Bank of Scotland

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

 

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

 

 

 

 

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

 

(1) proof of my liability regarding this debt.

 

and

 

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

 

We await your written confirmation that this matter is now closed.

 

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully"

 

 

could anyone advise on the letter to respond with.

 

 

Many Thanks

 

Simply re-send your above Statute Barred letter to the solicitors (special delivery) and add something along the lines of the following:

“Further to the above, it is noted that your client claims to hold a right to enforce a contract to which he admits another holds title thereof, in this regard, if your client has standing to enforce the same (which is not admitted) then he is required to substantiate such position claimed thereby and provide a copy of the same to me within 7 days, failing which and in the event of any further contact from the aforesaid, I shall make an application into the High Court seeking an injunction against your client under Section 3 of the Protection From Harassment Act 1997, costs will be sought against your client if such action should become necessary. No further notice will be served.

I would draw your client’s attention to the following legislation:”

Contracts (Rights of Third Parties) Act 1999

1999 c. 31 Section 1

Right of third party to enforce contractual term.E+W+N.I.

This section has no associated Explanatory Notes

(1)Subject to the provisions of this Act, a person who is not a party to a contract (a “third party”) may in his own right enforce a term of the contract if—

(a)the contract expressly provides that he may, or

(b)subject to subsection (2), the term purports to confer a benefit on him.

(2)Subsection (1)(b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party.

(3)The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into.

(4)This section does not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract.

(5)For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to him in an action for breach of contract if he had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other relief shall apply accordingly).

(6)Where a term of a contract excludes or limits liability in relation to any matter references in this Act to the third party enforcing the term shall be construed as references to his availing himself of the exclusion or limitation.

(7)In this Act, in relation to a term of a contract which is enforceable by a third party—

“the promisor” means the party to the contract against whom the term is enforceable by the third party, and

“the promisee” means the party to the contract by whom the term is enforceable against the promisor

Kind regards

The Mould

PS. Leave out the words "Without Prejudice"

[apples76]

Hi Ganemede,

 

unfortunatly my wife doesn't remember much about it....

 

 

it has been over ten years atleast probably 14 since she has heard anything about it...

[B R Harding]

I received the same letter from Triton (is this a contraction of 3 words Try - it - on ?). I called Triton and they explained that it was an automated letter. I suggest you call Triton and ask them what clauses of the 'agreement' you have failed to observe.

[radmm0]

Did you send the letter suggested by 'The Mould'? If so, what, if any, has been their reply? If not, what else have you done since the so called 'solicitor' letter arrived?

 

I have a very similar situation with NatWest and their 'linked' organisations Triton and Green & Co, but in our case they haven't been able to produce the CA under the CCA request AND we were already taken to court when we CPR31.14'ed them!! Everything had gone very quiet for a long time (may be 5 months) and suddenly they have started the whole process from scratch! The court case is 'hanging in the air', but we haven't heard anything from the court or their real solicitors, just the usual threatening letters and harasment phonecalls, which we have replied to by letters only.

 

Kind regards.

radmm0