RBS overdraft debt. Concerned and not sure what to do

Richo1007

During my time at university i made some poor choices in regards to irresponsible borrowing. 18 months after completing my degree i still owe nearly £3000 on an overdraft with RBS as well as £1000 on a RBS Credit Card.
I have been receiving letters and phone calls from a company called Triton credit services (i looked them up, they dont seem like the nicest or best people to be dealing with). So far i have just ignored them but today i received a letter saying they would begin to commence Attachment of Earnings/ Wage Arrestment proceedings and i would have 72 hours to pay the balance in full. Funnily enough the letter was sent on the saturday and i didn't receive it until the 72 hours had elapsed.
I've heard of people offering to pay them £1 a month which i am happy to do as i actually cant afford that much more i only earn 600-700 a month as it is which doesn't leave me much money to live after bills and rent has been paid. Is it best to ring them and set up a payment plan of £1 a month, i have been hesitant of ringing them up because ive read about other peoples dealings with them and i dont feel confident they wont force me into agreeing something i dont want. Any advice would be much appreciated as i really don't know what to do right now.

fatbelly

Richo1007 wrote: »

So far i have just ignored them but today i received a letter saying they would begin to commence Attachment of Earnings/ Wage Arrestment proceedings and i would have 72 hours to pay the balance in full.

Hi

Firstly, Triton are the in-house collection agency for RBS, so these debts have not gone anywhere yet.

Secondly, if you are quoting them correctly, they are misreresenting the staged process of the legal system. See guidance on debt collection letters here:

https://forums.moneysavingexpert.com/discussion/2992820

In order to do an attachment of earnings they would first have to issue a court claim. You would respond and make an offer. If the court felt this offer was fair, they would order you to make those payments and, provided you stuck to that, that's as far as it could go.

If you defaulted on those payments, then RBS could use a method of enforcement and attachment of earnings is one of those.

Do you think you may be able to pay this off with a lump sum somewhere down the line? If so, probably a token £1 offer (do it in writing) is the way to go. You don't owe a huge amount and, with your degree, hopefully will get a higher-paid job at some point.

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Culex

fatbelly wrote: »

Hi

Firstly, Triton are the in-house collection agency for RBS, so these debts have not gone anywhere yet.

Secondly, if you are quoting them correctly, they are misreresenting the staged process of the legal system.

That's not all that Triton misrepresents in that rather foolish letter which bears a signature of one Vicky Coleman who may or may not even exist.

I know of one person who owed about £200 to RBS and who was understandably alarmed when he read that his account would be passed to their solicitors who may then commence to obtain

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

As I understand the law - I am not a lawyer - that paragraph contains the following untruths or gross misstatements of the law:

1. A Charging Order can only be obtained as a means to ensure payment after a favourable decision in a court of law
2. Under section 1 of the Charging Orders Act 1979, no Charging Order may be given for sums less than £1000
3. Even if a Charging Order were to be granted, there is no way in which this would result in title to the property being passed to the claimant or the claimant otherwise gaining legal possession of the property

Can nothing be done to stop Triton sending such misleading letters?