Debt Collectors

lxpeanut

cheesedoffwithdebt wrote: »

but everything I've read from various sources indicates you need to keep reiterating what you can actually afford, and paying it.

Basicaly thats exactly what you need to do. Make sure you have sent a financial statement to show your offer is reasonable then pay only what you can afford. Then stick to it no matter what they threaten. As long as you are making the payments there is little they can do.

Many will try to contest what you can afford or pressure you into paying more. Remember the law is on your side they have to accept a reasonable offer and they can't bully you. They risk being shut down if you complain to OFT about them so its always usefull to remind them of this if they put too much pressure on you.

Survivor28

Hi Jes

Was just wondering, how long do i wait for them to get back to me and should i do anything else more while i wait? Again im extremely worried that im gonna get a letter from them telling me theyre sending me to court unless i pay the full amount?

rog2

Survivor28 wrote: »

Hi Jes

Was just wondering, how long do i wait for them to get back to me and should i do anything else more while i wait? Again im extremely worried that im gonna get a letter from them telling me theyre sending me to court unless i pay the full amount?

If you have sent them a CCA request and they have failed to provide you with a true and compliant copy of the executed consumer credit agreement within the legally prescribed period of 12 working days from receipt of your request, and statutory £1 fee, then they are 'in default' and can not enforce the agreement without permission from the Courts.
This would mean issuing a 'claim' in the County Court, for which you would receive a 'summons'. On the summons, there is a section for you to 'enter a defence' - you should, in your defence, state that you have requested the cca, but have not yet received it, even though the 12 working day period has passed.
In the meantime you should ignore any letter that 'demands full payment or Court Action will ensue'.
Whilst they are in default you need only react to an actual Court Summons.

Survivor28

Hey, I received a letter from Triton telling me they received my request (CCA) and that they have forwarded this on to Natwest and that they will call me shortly...sounds like a dumb question but what exactly does that mean?

rog2

Survivor28 wrote: »

Hey, I received a letter from Triton telling me they received my request (CCA) and that they have forwarded this on to Natwest and that they will call me shortly...sounds like a dumb question but what exactly does that mean?

It means, Survivor, that Triton can not fulfill their obligations under the Consumer Credit Act, 1974, by providing you with a true copy of the execute consumer credit agreement.
They are trying to duck their responsibilities by telling you that they have 'forwarded your request to NatWest'.
Ignore the letter - it is Triton's legal responsibility to provide you with the cca as it is Triton who are 'pursuing' the account - just give them the statutory 12 working days (12+2) from the day that they received your request. If, after that time has elapsed, Triton still have not sent you the cca, then they are 'in default' and, whilst they remain in default, they can not pursue you for payment, add interest or enter any default without the permission of the Courts.

Survivor28

Hey Rog2
Thanks for the reply, so its like my debt is in "lingo" so to speak?And can the debt be passed back to Natwest?

rog2

Survivor28 wrote: »

And can the debt be passed back to Natwest?

Yes it can, Survivor - as NW are the Original Creditor - unless Triton 'purchased the debt - in which case they have been sold a 'dud'.
However, even if the debt is 'passed back' to NW - I would still send them (NW) the FORMAL NOTICE - ACCOUNT IN DISPUTE letter if they attempt to pursue you for payment.
You will find a 'template' of this letter on Post#8 of the following thread:
http://forums.moneysavingexpert.com/showthread.html?t=963087

Survivor28

Hey Rog, but considering the debt was originally with natwest shouldnt i just be paying them if they request payment?

rog2

Survivor28 wrote: »

Hey Rog, but considering the debt was originally with natwest shouldnt i just be paying them if they request payment?

Provided that you are happy to do so - yes.

But please bear the following in mind:

• NatWest are, equally, obliged to provie you with a true, and compliant, copy of the orignal executed consumer credit agreement. My guess is that, if Triton were unable to do so, niether can NatWest.
• You are, now, in the driving seat in regard to this 'debt'. NatWest, if unable to provide true and compliant documentation, should listen to any offer of payment by instalments that you can afford.

Survivor28

Dont understand why natwest wouldnt have the CCA considering the debt was originally with them? I bank with them thats why i prefer to pay them off rather than triton, what do you think?