Mr and Mrs Ruby vs Triton Credit/RBS

[Ruby]

Hi guys. My husband and I have had a repayment plan with RBS (who passed our details onto Triton) for the past two years or so. This repayment plan was for an overdraft that we defaulted on due to financial hardship. We did get some of our overdraft charges back prior to the Nov. court case but obviously now they refuse to refund any more money. The overdraft is circa £3500 and we have diligently every month by s/order been paying £2.00. They are now refusing to reset any further agreement unless we greatly increase our offer of payment. We cannot do this as we are still in financial hardship (we are both unemployed) and I explained we have very large arrears on our mortgage. They refuse to budge and said they will be instructing RBS to take further action. Can you please advise/help?

[teaboy2]

Re: Mr and Mrs Ruby vs Triton Credit/RBS

Hi Ruby, send Triton a letter along the lines of the one below.

Dear Triton

We thank you for all your crap and your pathetic jokes threatening court action. As you are aware we have been keeping to our side of the agreement originally made with RBS for (enter lengh of time here). You are now refusing to accept or £2 a month payment as being acceptable, despite being made well aware that we have much more pressing priority debts to repay, such as our mortgage. Therefore, i invite you to take us to court and have a judge review our situation as i am pretty certain that once a judge sees our income and expenditure, he will come to the decision that we are already paying you more than we can afford and as a result will reduce our monthly repayment to just £1 a month, and will no doubt have some very stern words of advice to give to yourselves who are clearly attempting to use the court in order to obtain a CCJ followed by a charging order, which the judge would probably not grant you considering we are already behind on the mortgage and have been keeping to the originally agreed repayment plan.

So your choices are to 1 - continue with £2 a month repayment plan, or 2 - Take us to court where we will defend and pursue all added charges to be removed from the account at great risk and expense to yourself, as it is likely a judge upon seeing we have been sticking to a repayment plan will throw out your claim. Either way, you will still not get more than £2 a month and will likely get just £1 a month if you goto court.

Yours not so sincerely

Print Name.

Sometimes when its pointed out to the muppets that they stand to get less in repayments they back down. But end of day they are desperate for the money themseles which is why they demand bigger repayments all the time, so in most cases the threat of court is just nothing but a load of hot air.

I would consider send the BANK a Subject Access Request, and reclaim all the charges - Search Sharpe V Royal Bank Of Scotland, as that the case that could open the floodgates for reclaiming charges. Plus others here with more experience in reclaiming charges will probably along to help soon too. So get the SAR in to the Bank and send the above to the Muppets at Triton.

[Ruby]

Re: Mr and Mrs Ruby vs Triton Credit/RBS

Lol ! Thanks for that. RBS got a charging order placed in 2008. So if we sell the house they get their pound of flesh. Dealing with DCA's usually just washes over me, however the fact that RBS have this charging order against our property does make me nervous. We have had some of our bank charges back prior to High Court decision, however I am quite sure there are more charges still to be reclaimed.

[teaboy2]

Re: Mr and Mrs Ruby vs Triton Credit/RBS

Well there is no way any judge would allow for a reprossesion or force sale of your home for a losy £3,500. So any further action will likely end up in your favour as mentioned in my earlier post.

[Celestine]

Re: Mr and Mrs Ruby vs Triton Credit/RBS

Ruby, Please don't worry just because RBS have a charging order. You have kept to your agreement, your circumstances haven't improved, so you can't pay more. If you send them a letter similar to the one Teaboy posted above, they will most likely back off sharply. They're just being greedy and intimidating.