I've just been threatened by Triton

dancingfairy

Some more thoughts - you might want to do a bit of research on the OFT rules /guidelines and report the DCA if they break them - which from Jesthars post it sounds like they do.
Also there is a letter around somewhere saying I will only communicate in writing with you and if they fail to comprehend that then again they are breaking rules and can be reported.
Do not be threatened by them.
df

rog2

v8monkeyboy wrote: »

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.

It makes no difference whatsoever, Tracy.

The only point about 'in-house' Debt Collection agencies is that when they 'pretend' to be totally independent, this can be interpreted as deliberately creating confusion as to exactly who the debtor is dealing with - again contrary to the OFT Debt Collection Guidelines.

If they call again - ask one, and only one question: Is your Company owned, or partly owned, by RBS? They are legally obliged to give you an answer, or to put you in touch with someone who can answer your question.

And ask as many questions as you like, on this forum.

v8monkeyboy

Right chaps, I'm back!

I sent the CCA to Triton last Friday, and today have returned home to a letter from RBS saying that they can't find the account using the reference number I have supplied (the one used by Triton on all correspondence). They want me to supply the original account number and sort code.

Also, they request that I sign my letter, and I think the letter they have returned is the original, along with my postal order.

I'm being told to ignore them and wait for their time to be up, as it's not my fault they can't find out which account I'm writing about.

What do you think?

Thanks!

Tracy x

v8monkeyboy

Morning all,

Just a quick bump

sammy115

I don't know about CCA's so can't help there. However I would like to comment on the way Triton are collecting the debt.

Do they say their calls are recorded at the begining of the call. If they do ring back and ask to speak to a supervisor and report them for their bullying tactics..

I too have also 'challenged' a DCA to take me to court as they have threatened and they haven't done yet because I have been paying them what I can afford and have not stopped. Any court would look unfavourably at a DCA taking someone to court who was paying what they could afford.

The other option is to take your DMP to someone like the CCCS. DCA's know that the CCCS know what DCA's can and can't do and stop bugging you.

Still-in-debt

Do not sign the letter!!!! You can print your name, but nothing else.
Maybe, until you know if they have the correct account number etc, you could pay a token amount. That way a judge (if it ever came to it) can see that you are still making payments. Just a thought!
Don't let them get to you though, they cannot have what you haven't got!
S-I-D

v8monkeyboy

Hi,

I've not cancelled the DD yet, as I was waiting to see if they could produce a CCA before possibly stopping it.

The bit I'm not certain about is whether I should be re-sending my letter (with the name printed) with a sort code and account number as they have requested.

I'm confused though - I took out the loan with Tesco, it was handed over to Triton (who appear on my bank statements every month), Triton started being nasty, and now it's RBS who are contacting me saying the reference I gave Triton (the one used on a threatening letter) they can't use.

What do I do? Sit tight, wait for the 12+2 days to expire then send the default letter? Or.....?

Thanks,

T x

Jesthar

Wow, this IS getting confusing...

First things first, as S-I-D has already said, DO NOT SIGN THE LETTER!!! Signatures are only legally required for a Subject Access Request (if memory serves), not a CCA request. However, some DCAs have been known to forge 'original' documents with a sample signature, so the rule is if it isn't legally required, DON'T supply them with one in any way, shape or form! :mad: And a CCA request does not.

I confess I have no real clue about why RBS should be getting involved, I know they are the true underwriters (or whatever the term is) of Tesco Finance products, but as you sent the CCA to Triton (as they were the ones trying to enforce the debt), Triton should be doing the legwork and RBS should be liasing with them for the details, not you.

Anyway, as far as I am aware (and the experts here will correct me if I am wrong), I do not believe returning the CCA letter and the payment has any effect whatsoever on the fact a request has been made or the deadline they have to respond, they just want you to THINK it cancels out your request, so I think you can 12+2 them as normal...

It is a good idea to maintain the DD until you are certain they cannot enforce the debt, though, so you are doing the right thing there.

Incidentally, when was the loan taken out? I suspect pre 2007?

~Jes

rog2

v8monkeyboy wrote: »

I sent the CCA to Triton last Friday, and today have returned home to a letter from RBS saying that they can't find the account using the reference number I have supplied (the one used by Triton on all correspondence). They want me to supply the original account number and sort code.

A signature is not a legal requirement for a 'cca request'.

It is not up to you to give a creditor/dca details of a 'debt' that they are chasing. The onus is on them to prove the validity of their claim - not on you.

If you sent the 'cca request' to TRITON, then keep all correspondence on the matter between yourselves and Triton.

Personally, I would ignore the letter from RBS - wait until the 12 working days have expired, then, in the absence of any agreement, send Triton the 12+2 day letter.

Then, if you receive any further correspondence from RBS, or anyone else, you can send them the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter.

v8monkeyboy

Thanks guys!

I'm confused too - on all my bank statements it says that I pay Triton, but have heard nothing from them, just this letter from RBS. I have put together a letter to RBS (below), am just thinking about whether or not to send it?

"With reference to your recent letter regarding my request for a true copy of the credit agreement for Triton reference 33xxxxxxxx, I hereby return my original letter and postal order and request that a copy of my credit agreement is forwarded within the time originally requested.
Furthermore, I wish to question the ownership of the above debt, as I have been contacted by Triton Credit Services about this matter by both letter and telephone and have been making regular payments to them each month for the past year, yet it is the Royal Bank of Scotland who are now writing to me for clarification. If it is the case that Triton does not own this debt, then I must question the validity of my payments, and further to this will begin to make enquiries as to whether or not fraud has been taking place with regards to my account.
If it is that case that Triton are a subsidiary of Royal Bank Of Scotland, this I wish to question why it is impossible for you contact Triton using their reference to gain the necessary information which you require, as I do not currently have this is my possession, having not received a statement of account for more than 12 months.
I trust you will deal with this matter with the urgency and seriousness which it requires and look forward to hearing from you in due course."
Jesthar - the loan was taken out at the beginning of 2007 (about Feb I think).
Thanks,

T x