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Piesky V RBS Mint

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  • #16
    Re: Piesky V RBS Mint

    bump

    Comment


    • #17
      Re: Piesky V RBS Mint

      Now the FOS, DON'T get involved in unenforceable agreements, so that's out.
      As for a SAR, well there's little point.

      Either way they are going to be updating your CRA record with this account, unenforceable or not.

      Honestly I'd wait and see what happens next..

      Comment


      • #18
        Re: Piesky V RBS Mint

        Urgent help required please. I have followed the advice above but now find myself facing legal action. Help PLEASE

        I have received a letter from green and Co Solicitors who have been instructed by Triton Credit services acting on behalf of Mint RBS.

        Their letter reads as follows:

        Despite formal demands for payment, the above account remains unpaid and we are likely to be instructed to commence court proceedings against you without further notice.

        However, before we commence proceedings, you have one final opportunity to make payment of the above amount within the next seven days. Please make cheques payable to Triton Credit Services and send them to our client, details we confirm below:

        Should our client not receive payment or acceptable proposals within seven days, it can only be assumed that you will not settle this matter on amicable and reasonable terms. We are then likely to be instructed to commence legal court proceedings against you on our clients behalf.

        Yours faithfully

        Green and Co.

        Comment


        • #19
          Re: Piesky V RBS Mint

          Don't panic,, easy enough to deal with.
          Throw this at them:

          Account in Dispute

          Dear Sir/Madam,

          Your Ref : xxxxx

          Your Client : XXXX

          I refer to your letter of xx/xx/2007, which was received today.

          Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

          Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

          Yours faithfully,

          Comment


          • #20
            Re: Piesky V RBS Mint

            Thanks Curlyben. I'll get that letter off straight away. It is somewhat daunting when one receives such a letter from a company of solicitors. I question myself as to whether they know something that I do not - given that RBS would likely have furnished them with all relevant info prior to their contact with me.
            ------------------------------- merged -------------------------------
            CB, Do you think it is likely that this will go to court?
            Last edited by piesky; 25th April 2009, 19:14:PM. Reason: Automerged Doublepost

            Comment


            • #21
              Re: Piesky V RBS Mint

              Honestly, I don't know, but IF they do we're prepared so don't worry.
              They are a Bovine agreement and basically admitted as much.

              Remember s172 of CCA:

              172.—(1) A statement by a creditor or owner is binding on him if given under—
              section 77(1),
              section 78(1),
              section 79(1),
              section 97(1),
              89
              section 107(1)(c),
              section 108(1)(c), or
              section 109(1)(c).
              So they can't simply magic up a compliant agreement for this.

              Comment


              • #22
                Re: Piesky V RBS Mint

                That's a BIG if there Andy.

                Even if that were the case Pint 3 of the T&C's a seriously flawed and also a prescribed term, Interest Rates..

                Comment


                • #23
                  Re: Piesky V RBS Mint

                  Hi all. Have received a reply from Green & Co Solicitors saying that my letter has been passed to Triton Credit Services and they now await their further instructions.

                  Piesky.

                  Comment


                  • #24
                    Re: Piesky V RBS Mint

                    I have received yet another response from DCA Triton Credit Services today. They also seem totally confident and convinced the agreement is compliant and enforecable. The letter reads:

                    Dear Mr Piesky,

                    We write with reference to your recent correspondence regarding the above outstanding debt, which has been forwarded to us by our solicitors Green and Co.

                    You have stated that you feel this account is in dispute as the Royal Bank of Scotland Plc have failed to comply with your request under the Consumer Credit Act 1974. Our records confirm however, that on the 16th February 2009 the Royal Bank of Scotland provided you with a full response to your request. Further to this on 7 March 2009, they issued you another response advising they had fully complied to your request under the consumer credit act 1974, they had provided all the relevant documentation and that the full balance was due. Therefore, this account is not considered to be in dispute.

                    As such, you must now contact this office on 0207 680 9301 within 7 days from the date of this letter with your proposals for repayment.

                    Failure to comply with the above will leave us with no alternative but to take further action against you without warning or delay.

                    We trust this clarifies the position for you.

                    Yours.....

                    Triton Credit Services

                    Any further help or advice on this please?

                    Thank you.

                    Piesky

                    Comment


                    • #25
                      Re: Piesky V RBS Mint

                      Hi All,

                      I have received a yellow card warning from Allied International Credit Ltd asking me to pay the full balance owed immediately and to contact their Mr R Watson. Later this afternoon I received a telephone call from said company wherby I explained the account was in dispute with RBS and should not have been passed on te AIC Ltd. I further explained that I would not correspond further with them and would only deal direct with RBS until they had fulfilled my CCA request with a compliant, fully executed credit agreement that was presented in the correct format as suggested in previous correspondence.

                      RBS originally passed this to Triton Credit Services, who then instructed Green Co Solicotors to write me. then being passed to AIC Ltd. What would you recommend I do now?

                      Thanks

                      Piesky

                      Comment


                      • #26
                        Re: Piesky V RBS Mint

                        ROFLMAO
                        Oh deary me..

                        Well you could always fire off. my now famous, bemused letter if they send anything further
                        I'll dig it out if needed, but google has a few..
                        - Google Search first few links.

                        Comment


                        • #27
                          Re: Piesky V RBS Mint

                          Hi, new member here

                          What was the final outcome here, as I have had my mint CC for at least 5 years and have £5500 of debt which i'd rather not pay if i could help it!!

                          Just wanted to know if going down the credit agreement dispute route was worth it?!

                          Comment


                          • #28
                            Re: Piesky V RBS Mint

                            well we've all got debts which we'd rather not pay but unfortunately thats not the way it generally works. If you are thinking of using CCA as a debt avoidance tool then you are probably in the wrong place.
                            Is no longer here

                            Comment

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