I've just been threatened by Triton

Deep_In_Debt

If it goes to court (unlikely) the judge is more likely to look favourably on you for paying what you can afford and Triton know that so I would think this is a scare tactic. Don't let these a*se holes bully you. If you haven't got it, they can't have it.

Just send them your SOA again and carry on paying what you are and send them telephone harrassment letter recorded delivery.

Snakeeyes21

Let them take you to court (which they wont) no judge is going to make you pay more than you can afford, if anything they will order you to make payments at a more reasonable level

needaspirin

Do you have a mortgage or are you renting? If you are renting they cannot place a charging order on your property.

You should be making equitable payments to each creditor. That is a sum calculated by dividing your debt to this creditor by your total debt and multiplying the result by the money available each month to pay creditors. This means that each creditor gets a fair slice of your monthly “cake” depending on how much you owe each one.

If one creditor gets a bigger share than the others it is not fair and the courts would not normally accept this.

Go to CAB or contact CCCS or National Debtline for further help. Do not be bullied into making inequitable payments to some creditors.

Deep_In_Debt

I actually "challenged" a creditor to take me to court - possibly the most stupid thing I have done but was feeling brave at the time - and they haven't done yet, in fact that was nearly 2 years ago and strangely they've gone quiet and accepted my dmp payments. Not heard a peep out of them since!

Not a course of action generally recommended though!

Jesthar

OK, let's translate this letter a bit...

v8monkeyboy wrote: »

"The agreed short term repayment arrangement is due for review and as previously indicated we are looking for you to fully repay your debt now, or substantially increase the level of payment.

Translation: Looking for you to do this, yes - we always want more money out of our victi - er, valued debtors. Able to demand this, no - which is why we say 'looking' because it means we're not technically lying. Although we're actually breaking the law by employing these scare tactics, but we're hoping you don't know that...

v8monkeyboy wrote: »

Failure to do so will result in the matter being passed to our solicitors who may then commence one of the following actions:

Translation: May yes. Will? Probably not, as the chances are we don't have a legal leg to stand on, and it would cost more than it's worth. We do like how scary it must sound to you, though - hopefully it will persuade you to part with more cash...

v8monkeyboy wrote: »

• Charging order/inhibition against your assets for the sums outstanding. This may even result in our client being granted possession of your property.

• Attachment of earnings/wage arrestment. Your employers will be instructed buy the Court to deduct a set amount from you salary/wage to repay the balances outstanding.

Translation: subject to a judge actually finding in our favour, of course, and you actually having such things available. If you are already genuinely paying all you can, we'll get chucked out of court, but again, we're hoping you don't know that...

v8monkeyboy wrote: »

You will be liable for the costs of legal action."

Translation: but only if we actually bother, and somehow manage to win. Now be a good little frightened debtor and pay us more money...


So, in a nutshell - scare tactic, carry on as before. If they are dense enough to go to court, I doubt any judge is going to be impressed with them.

Incidentally, are this lot your original creditors, or are they a debt collection agency a debt has been passed to? If the latter, was the debt something you could do a CCA on? I'm all for paying back original creditors, but DCAs are another matter entirely...

~Jes

v8monkeyboy

Jesthar,

Thank you for your reply. I've had some sleep and looking at it again, I can see al you have said, and don't feel so bad.

It has been suggested to me that I request a copy of the CCA, which I will send off today. Also, some people have suggested that I don't pay any more until such a time as I have proof of the debt etc. I don't feel comfortable with that, but Triton have annoyed me so much that it's becoming an option.

I'm not trying to run from my debts (hence the repayments), but what will happen if Triton cannot produce the documents?

Thanks!

Tracy

dfh

I don't normally like the idea of debts written off,but in your case I would be glad it it did so they can be taught a lesson.

Jesthar

v8monkeyboy wrote: »

Jesthar,

Thank you for your reply. I've had some sleep and looking at it again, I can see al you have said, and don't feel so bad.

It has been suggested to me that I request a copy of the CCA, which I will send off today. Also, some people have suggested that I don't pay any more until such a time as I have proof of the debt etc. I don't feel comfortable with that, but Triton have annoyed me so much that it's becoming an option.

I'm not trying to run from my debts (hence the repayments), but what will happen if Triton cannot produce the documents?

Thanks!

Tracy

If they can't produce a valid CCA, or don't produce it within the required timeframe, then they have no legal proof you owe them money and the debt becomes unenforecable, so you don't have to pay them a penny until they CAN produce a valid CCA and get a court to reinstate the debt (or something like that, not sure of the exact terminology!)

I hear what you say about wanting to pay off your debts, and I agree 100% with that for debts which are still with the original creditors. However, although I thankfully never have and hopefully never will have dealings with them, Debt Collection Agencies are a different kettle of fish as far as I am concerned, scum that they are, as most of their profit comes from bullying people and hoping they don't know their legal rights. :mad:

As a DCA, what they have bought (probably for a fraction of what they are trying to get you to pay) is the right to LEGALLY enforce your debt. If the don't have the legal proof required, they don't have any legal right to enforce your debt, so as you never had any debt with them until they chose to buy that debt, why pay them what they are not entitled to? :rolleyes:

One other thing - send the CCA by a form of delivery which has to be signed for (recorded?) so you have a proveable paper trail, and only print your name on any letter, don't sign it, as some of these lowlifes habe been known to forge signatures in an attempt to get paid. Then you have to wait 12 working days, as that is as long as they have to respond - keep paying them during this time. Once the 12 days are up, if they haven't provided a valid CCA (the people here an tell you if anything they do supply is valid) send the followup letter and cancel your payments with a clear conscience!

~Jes

v8monkeyboy

Thank you, it's all becoming clearer now :j.

Final question - honest!

Triton are acting on behalf of Tesco PF, who gave me the loan, but who are really (?) RBS. I think Triton are RBS' in-house DCA, so will that make a difference? I know when I have spoken to Triton in the past I have been informed that the debt is no longer RBS' but theirs.

Am confused about this issue, but this really is the last thing I'll ask - I promise!

Tracy x

dancingfairy

Hey - don't worry about asking questions - ask as many as you like.
Well as far as I can see you have 2 choices -
1) carry on paying as if it went to court a judge can see you are paying your fair share and it might go in your favour
2) refuse to pay the idiots and hope they sell the debt onto a different (and hopefully more helpful DCA).

I guess it depends on how long you've been paying and what you have to lose really -clearly they can't take your house if you rent.

P.S You can still request a CCA on either option as far as I know which if they can't produce means they can't legally chase you for the debt which means that they can either take your repayments or not (and they can like it or lump it).

It's really hard to know which are in-house collection agents and when the debts truly have been sold on - it against the oft rules I think to pretend to be different companies when you are part of the same on but some companies have different departments with different names and each one sends progressively scarier looking letters (when in actual fact they are all one and the same). I don't know if they are in-house or a seperate co. but just stick with your plan. They still have to prove you owe the debt and that they are legally entitled to collect it - whoever they are.
df