Newbie here needing advice with an Allied International debt

Tilly26

Hi as I said in my title im a newbie here and I have read some bits about this specific agency but feel like I need to know more.
My husband originally took out a loan for £5000 with Natwest, this was about 8years ago, we had some difficulties and it was passed on to another company possibly called Triton though not 100% on that.
A couple of months ago he then got the letter from AIC and they bullied him into making payments of £114 per month even though he said he couldnt afford it.
We have paid two payments to them and I came across others having the same issues with them re their attitude etc last night and decided something should be done.
We cannot afford to be paying £114 per month ontop of our mortgage etc.. This months payment is due now and I am now wondering what to do, do we still make the payment or start sending out letters to try and sort them out?

Your advice would be so very much appreciated. x

RAS

Tilly

You need to know whether there was EVER a period of 6 years (5 in Scotland) when your husband did not pay the debt, or acknowledge it in writing.

if so, it is statute barred, and they are not entitled to the money unless you want to pay them.

If there was no such period, then you need the original consumer Credit Agreement and default notice. Unless they have both and they are both legally acceptable, they cannot take you to court and you can tell them were to put their request for payment.

Coming from say 2002, the chances of both being legally compliant are low.

Tilly26

Hi, no there hasnt been a period of time longer than 2 months where he didnt pay the monthly payment to them. It was originally with Intrum then it got passed on to AIC.
So what do I need to do, ask for a copy of the CCA? Who do I write to for that AIC or Natwest?
Thanks x

RAS wrote: »

Tilly

You need to know whether there was EVER a period of 6 years (5 in Scotland) when your husband did not pay the debt, or acknowledge it in writing.

if so, it is statute barred, and they are not entitled to the money unless you want to pay them.

If there was no such period, then you need the original consumer Credit Agreement and default notice. Unless they have both and they are both legally acceptable, they cannot take you to court and you can tell them were to put their request for payment.

Coming from say 2002, the chances of both being legally compliant are low.

DarkConvict

Hi,

Well if there has never been a gap that long i would go with a CCA request next to see if they can get a CCJ. They are much more agreeable if they know they can't enforce payment. The whole CCA process is detailed here, there are 4 main steps as detailed in the flow charts so read though them carefully. - https://forums.moneysavingexpert.com/discussion/2305463

A CCA request is to be made to the last company asking for payment, so the latest DCA to contact you.

A DCA shouldnt ask for more than you can afford and you can refer them to the OFT guidelines. - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf