NAT WEST will not return my PPI

[Maggiebroom]

Morning all from rainy Essex.

 

Snatch Vest have gone very quiet since my last letter. I must now wait for them before I can go any further. I think it means an N1 to get my default removed. They obviously cannot produce a properly executed agreement.

 

Lets see what occurs over the Bank holiday.

 

maggiebroom

[hellhasnofury]

Morning all from rainy Essex.

 

Snatch Vest have gone very quiet since my last letter. I must now wait for them before I can go any further. I think it means an N1 to get my default removed. They obviously cannot produce a properly executed agreement.

 

Lets see what occurs over the Bank holiday.

 

maggiebroom

 

Hiya Maggie,

 

Just got back from a few days away. You've been everywhere, consumer credit agreement and everywhere. Your like a raging torret:o

 

Keep it up:D

[Maggiebroom]

Hiya Maggie,

 

Just got back from a few days away. You've been everywhere, consumer credit agreement and everywhere. Your like a raging torret:o

 

Keep it up:D

 

Hope you had a good time away. I have been venting my spleen all over CAG as TS have got me in such a state with Crap 1.

Read the updates on Crap 1 thread and you will see what I mean.

However I have unplugged the p[hone for two days and it has been bliss.

 

maggiebroom

[Maggiebroom]

Not a word from Snatch West yet.

 

The old saying "no news is good news" springs to mind.

 

Lets wait and see.

 

maggiebroom

[Maggiebroom]

Still no news

 

The suspense is killing me.

Well not really, perhaps I will never hear again

 

maggiebroom

[Maggiebroom]

Still nothing from Nat West. Just another statement with more charges and interest added on.

Surely they must know there is a dispute and this shouldn't happen. What a waste of ink and paper.

Lets ask a judge to decide. BUT WILL THEY

 

maggiebroom

[hellhasnofury]

Still nothing from Nat West. Just another statement with more charges and interest added on.

Surely they must know there is a dispute and this shouldn't happen. What a waste of ink and paper.

Lets ask a judge to decide. BUT WILL THEY

 

maggiebroom

 

Hello Maggie,

 

It is a bit disappointing when they don't come back to wind you up Personally I need a bit of agro to keep the fire in my belly fuelled up or I seem to go a bit gaga

I would give you a smile, but my smiles aren't working (sad)

[almikenina]

hi maggiebroom...im wondering how you are getting on...i was retired when i took a loan out with lloyds..and 1.i wasnt told it was optional..and 2 iwas looking through the loan protection on their website and most of the things there..ie redundancy etc i couldnt claim anyway..hospital stays etc seem to be the only thing i could have had..however have started the long winding road to get my lolly back:)

good luck to you shirley

ps ilike you i also have been paying ppi on lloyds credit card and have tried to stop it

and..i have also gone to the ombudsman with my complaints about charges

so let me know how you are doing

cheers

[Maggiebroom]

Hi all (an update)

 

I thought Nat West had gone very quiet, and this morning I received this letter from a firm called Triton Credit Services.

 

quote:

 

Dear maggiebroom

 

We have been formally instructed by our client Nat West Card Services in respect of the unpaid debt that despite numerous reminders, you have failed to settle or to make mutually acceptable repayment arrangements.

We must inform you therefore, that unless you telephone our client on 0870 909 3709

immediately with your proposals of repayment, the debt will be referred to us or an equivalent debt recovery agent for collection.

 

end quote

 

Now I know that they cannot pass this over while the account is in dispute but as per usual these people all ignore the rules and keep doing this to all of us.

 

Somewhere there is a template letter for either the credit agency or Nat West so if someone can point me towards that letter I would be most obliged.

 

Has anyone had dealings with this Triton company and what are they like (its good to be prepared).?

 

maggiebroom

[Maggiebroom]

Just read somewhere else on the site that Triton are b******* to deal with.

 

I am ready for them. (I think) :o

 

maggiebroom

[almikenina]

go for it Maggie..you have right on your side.

[Maggiebroom]

Can someone please point me in the direction of a template letter for creditors who are passing your account on to a DCA?

 

And also a template for the credit service to remind them that the account is in dispute and the company should not pass it on to them?

 

 

Many thanks in advance

 

maggiebroom

 

PS sorry to shout but I am desperate to find these templates and the site is so big now I have just spent the last hour looking and got nowhere.

[hellhasnofury]

Can someone please point me in the direction of a template letter for creditors who are passing your account on to a DCA?

 

And also a template for the credit service to remind them that the account is in dispute and the company should not pass it on to them?

 

 

Many thanks in advance

 

maggiebroom

 

PS sorry to shout but I am desperate to find these templates and the site is so big now I have just spent the last hour looking and got nowhere.

 

 

Hello Maggie,

 

As far as I am aware, there are no template letters for these issues.

 

Have a look at this thread by Davey

 

Re: Debt written off due to Carers Allowance?

 

You will probably find some good letters on there, if not pm him/her for advise.

 

Good luck

 

Also have a look at Davefirewalkers thread

[Maggiebroom]

Hello Maggie,

 

As far as I am aware, there are no template letters for these issues.

 

Have a look at this thread by Davey

 

Re: Debt written off due to Carers Allowance?

 

You will probably find some good letters on there, if not pm him/her for advise.

 

Good luck

 

Also have a look at Davefirewalkers thread

 

Thanks for that Hell

I have read Davey 77's thread from start to finish and have got his permission to use some of his letters.

What I am trying to do is forearm myself should this Triton Credit Services rear their ugly head too far over the parapet.

 

What exactly is a Deed of Assignment. I think it is something to do with the account being passed on to a DCA but would like an explanation from someone as to the exact meaning so I can reply with some knowledge.

I have found out that Triton is part of Nat West and that they are a dormant company although I would like some explanation of what that means too.

 

Sp if anyone can pass that info on to me I would be most grateful

I am off now to catch up with Davefirewalkers thread.

 

maggiebroom

 

My hubby thinks he is a CAG widower and that nothing gets done in the house now. I keep telling him this beets housework anyday.

[hellhasnofury]

Thanks for that Hell

I have read Davey 77's thread from start to finish and have got his permission to use some of his letters.

What I am trying to do is forearm myself should this Triton Credit Services rear their ugly head too far over the parapet.

 

What exactly is a Deed of Assignment. I think it is something to do with the account being passed on to a DCA but would like an explanation from someone as to the exact meaning so I can reply with some knowledge.

I have found out that Triton is part of Nat West and that they are a dormant company although I would like some explanation of what that means too.

 

Sp if anyone can pass that info on to me I would be most grateful

I am off now to catch up with Davefirewalkers thread.

 

maggiebroom

 

My hubby thinks he is a CAG widower and that nothing gets done in the house now. I keep telling him this beets housework anyday.

 

Hello Magge,

 

Tell me about it, when I get back all of my mis-sold ppi I am giong to hire a cleaner.

 

Now as regarding the NOA and DOA. I am looking as well for information regarding this. They must send you a formal Notice of Assignment to inform you that the debt has been sold to the DCA. I am looking as to whether the NOA must be in a legal format. Not just Hello I am writing to inform you that I now own the debt. The Deed of Assignment they do not have to give you unless order by a Judge (something under the Law of Property Act.

 

Wil keep you posted if I find anything.

[conar686]

Hello Magge,

 

Tell me about it, when I get back all of my mis-sold PPI I am giong to hire a cleaner.

 

Now as regarding the NOA and DOA. I am looking as well for information regarding this. They must send you a formal Notice of Assignment to inform you that the debt has been sold to the DCA. I am looking as to whether the NOA must be in a legal format. Not just Hello I am writing to inform you that I now own the debt. The Deed of Assignment they do not have to give you unless order by a Judge (something under the Law of Property Act.

 

Wil keep you posted if I find anything.

 

NoA - Is usually a letter where a DCA introduces themselves as the new owner of your debt as purchased from the OC. This as we've found out recently makes them the debt collector and are not liable under the CCA.

 

DoA - Is the contract between OC & DCA for the purchase of your debt.

 

You're entitled to the first however you'll have to wait for a court case for the second as it will have sensitive business information you are not entitled to.

[hellhasnofury]

NoA - Is usually a letter where a DCA introduces themselves as the new owner of your debt as purchased from the OC. This as we've found out recently makes them the debt collector and are not liable under the CCA.

 

DoA - Is the contract between OC & DCA for the purchase of your debt.

 

You're entitled to the first however you'll have to wait for a court case for the second as it will have sensitive business information you are not entitled to.

 

Thanks Conar,

 

I thought so, but you put it much better. ta

[Maggiebroom]

NoA - Is usually a letter where a DCA introduces themselves as the new owner of your debt as purchased from the OC. This as we've found out recently makes them the debt collector and are not liable under the CCA.

 

DoA - Is the contract between OC & DCA for the purchase of your debt.

 

You're entitled to the first however you'll have to wait for a court case for the second as it will have sensitive business information you are not entitled to.

 

Thats ominous Conar. Does that mean that when they are the debt collector we can do nothing about the CCA. How do we get round that then? I thought that if there was a legal dispute then they could not sell the alleged debt on.:o

 

Please could you enlighten me as to the procedure when a DCA is involved, so that I know how to go about things?

 

maggiebroom

[hellhasnofury]

Thats ominous Conar. Does that mean that when they are the debt collector we can do nothing about the CCA. How do we get round that then? I thought that if there was a legal dispute then they could not sell the alleged debt on.:o

 

Please could you enlighten me as to the procedure when a DCA is involved, so that I know how to go about things?

 

maggiebroom

 

Hello Maggie,

 

I don't think that they have sold the debt to triton, they have just passed to on to them to hound you for the money. If the debt was sold to them, they would have to send you a letter telling you that they were now the legal owners of the debt. Such as , We write to inform you that blah blah are now the legal owners.

 

 

Dear maggiebroom

 

We have been formally instructed by our client Nat West Card Services in respect of the unpaid debt that despite numerous reminders, you have failed to settle or to make mutually acceptable repayment arrangements.

We must inform you therefore, that unless you telephone our client on

Write to the Nasty west and tell them that by passing your details to a third party whilst the account is in clear legal dispute they have breached the oft debt collection guidence. Oh and their own banking code. Tell them any further correspondence from triton will be deemed as harassment.

[Maggiebroom]

Thanks Hell

 

I have heard that Triton is a dormant company, so how they can operate I don't know.

At least I know what to expect.

I am not too worried as I have a few things up my sleeve.

 

maggiebroom

[hellhasnofury]

Thanks Hell

 

I have heard that Triton is a dormant company, so how they can operate I don't know.

At least I know what to expect.

I am not too worried as I have a few things up my sleeve.

 

maggiebroom

 

:D

[Maggiebroom]

This is the letter I am sending to Nat West re triton Credit services, with very grateful thanks to Davey 77

 

 

Triton Credit Services Ltd

PO Box 5827

Basildon

SS14 1XS

 

29th September 2007

 

Ref No: TCS001

 

Dear Sir

 

Re Account No: 0000000000000000

I am in receipt of your recent letter once asking for payment relating to the above account which I consider to be in dispute. Therefore your current stance in asking for payment contravenes OFT guidelines in that “According to OFT Debt Collection Guidance it is an unfair practice for a creditor to continue collection activity on a debt which is being disputed.” A statement I wish to bring to your attention.

It is off great concern and disappointment that you are pursuing this alleged debt whilst the account is in dispute and in so doing completely ignoring OFT guidelines and the Consumer Credit Act 1974.

My original request for a ‘true copy’ of an agreement was made on 14th May 2007 and was not replied to until 22nd June 2007, therefore causing Nat West to be in default of the 12 working days advised by the CCA 1974.

Quote from the OFT. “If a creditor fails to comply with a valid request within a period of 12 days (not including the date of the receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order.

A ‘true copy’ of an agreement principally consists of the terms & conditions of the agreement and the statuary content of the agreement. The name, address, and signature of the debtor does not have to be provided. Additionally, the creditor must supply the total payable sum paid by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. “End quote.

 

CCA1974 s(61) (1)

A regulated agreement is not properly executed unless-

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are legible.

 

There are also discrepancies to this matter under s.85 of the CCA 1974, which I have quoted below.

My credit-token was renewed in September 2005, but a true copy of the properly executed agreement was not supplied to me then.

 

S. 85 Duty on issue of new credit-tokens

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

(2) If the creditor fails to comply with this section—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

I suggest before you continue to write in such a manner you consult your legal department and reaffirm yourself with your obligations and my rights as a consumer before you continue to flout these regulations so blatantly.

 

Once again, I should like to remind you that the account is currently in dispute. That, as far as I am concerned, and also after advice from several legal and well respected organisations including the RT Hon Ian McCartney MP - Minister for Trade Investment and Foreign Affairs, the CCA request has not been complied with in full, of which you have been made aware There are also discrepancies to this matter under s.85 of the CCA 1974, which I have quoted below.

My credit-token was renewed in September 2005, but a true copy of the properly executed agreement was not supplied to me then.

 

S. 85 Duty on issue of new credit-tokens

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

(2) If the creditor fails to comply with this section—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

of on several occasions.

I hope you are also aware that Nat West Card services cannot pass a debt to a third party whilst an account is in formal dispute.

 

I hope this permanently clarifies the situation for you regarding the above alleged debt, and Nat West Card Services responsibilities as a legally abiding Creditor and your obligations towards consumers. I also trust that in the mean time you dissuade from inappropriate requests for payment and harassment to that effect.

I shall be making a formal complaint to the OFT and the FOS.

 

Yours faithfully

What does everyone think?? Need some help today My eldest son died 25 years ago today and I am quite blue. I still miss him.

maggiebroom:)

 

[tonycee]

Need some help today My eldest son died 25 years ago today and I am quite blue. I still miss him.

 

maggiebroom:)

 

I have sent you a PM.

[hellhasnofury]

Hello Maggie,

 

I am so sorry to hear about the death of your eldest son. I am truely sad for you today

[Maggiebroom]

Thank you so much Hell.

 

It was a long time ago, but today is always a sad one.

 

maggiebroom