Hi Basa

Many thanks, I appreciate your wisdom! I started down this route in desperation and am now realising it is far more empowering not to live in fear of these guys!!! Yesterday, they phoned at 8.30am (Sunday) and I asked them to hold the line while I recorded our conversation and after a short pause they hung up!!!

Cheers

SJ

Please Help SJ:

Hi

Yes, I am expecting that too! If they are not instructing solicitors do you think that means they don't think it is enforcible either?

Many thanks

SJ

From what you have described it appears RBS do not possess a valid agreement. It is unlikely at this stage they will search the archives to find anything compliant to take into court. In all probability, at the time of your application (depending how long ago this was) they were of the opinion that the application was enough to prove your liability or they were just to lazy or stupid to keep any relevant documents that may have proved your liability.

The application would have to have contained all the prescribed terms (at least) on the same document to be compliant. Application forms mostly didn't.

In my dealings with RBS and their agents, I simply remind anyone who asks that I do not acknowledge the debt, that RBS have not provided a document that confers liability to make payments and until they do I will not make payments.

SJ

Remember the letters under the Green & Co branding were not from a separate firm of solicitors. It was issued by the same staff working in the banks payments department.

From this you can take it that they don't know whether they have your original form or not. Most banks records are not accurately stored. Your form will be sat in a box in a warehouse somewhere or other, with thousands of others from the same date range. To my knowledge, rarely do banks and other organisations retrieve records from storage. It is only if there is a massive complaint or someone takes legal action against them, that they would bother.

As Basa advises, your next letter may be from Moorcrofts in a few months time.

Huckster

Hi

Yes, I am expecting that too! If they are not instructing solicitors do you think that means they don't think it is enforcible either?

Many thanks

SJ

Please Help SJ:

Hi Guys

I received a letter from Green & Co today

"Thank you for your letter of 14 Oct 09.

We note the contents of your letter and our Client has requested that they will respond to you direct once they have investigated this matter.

We have therefore been asked to close our file and you will hear from our Client direct.

Yours faithfully"

Interesting! Wonder what happens next?

SJ

Like I said ..... Moorcrofts, most likely, or one of the other DC scumpanies.

Hi Guys

I received a letter from Green & Co today

"Thank you for your letter of 14 Oct 09.

We note the contents of your letter and our Client has requested that they will respond to you direct once they have investigated this matter.

We have therefore been asked to close our file and you will hear from our Client direct.

Yours faithfully"

Interesting! Wonder what happens next?

SJ

Hi Basa

Thank you - I know what to expect. I will let you know what happens next!

SJ

I had a letter from Green & Co as well. I replied exactly as huckster has suggested. Next I heard was a letter from Moorcrofts!!

It's a bit like a merry-go-round!!

Hi CMK

Many thanks for the info, please see Huckster's reply. It seems unfair and misleading to me! I have so far requested a true copy of the CCA and received poor copy of an application form with no prescribed terms and computer generated t&cs with no link to me at all. I then sent £10 and SAR, whilst waiting for their reply this letter from Green & Co turns up! I wanted to see what the SAR turns up so I was just waiting as I don't know what else to do.

Cheers

SJ

Hi Huckster

Many thanks for the info - now I understand why the envelope had Triton/RBS address on the back!

The story so far - I sent £1 and requested CCA back in May 09 and they sent me a poor copy of an application form with computer print out t&cs. Due to lack of prescribed terms and no link between application form and printed t&cs I have sent them SAR which they have not replied to, I believe it is 40 days so there is still time - end of Oct, in the meantime, I have received this letter from Green & Co.

Don't know what else to do at this time!

Regards

SJ

It is an offence to pretend to be a solicitor under section 21 of the Solicitors Act 1974 which can result in a £2,500 fine in a magistrates court. The more serious offence of acting as a solicitor under section 20 of the Solicitors Act 1970 can only be dealt with by the Crown Court.

If you wish to complain about the situation, you should address it to the Legal Complaints Service (www.legalcomplaints.org.u k). The Law Society split itself into different bodies last January. The Legal Complaints Service now deals with all complaints against solicitors whilst the Solicitors Regulation Authority (www.sra.org.uk) sets all the rules for solicitors.

http://www.sra.org.uk/solicitors/code-of-conduct/guidance/1088.article

SJ

This is allegedly how they work, picked up from another forum.

It seems that Green & co is a trade name of the Royal Bank of Scotland, which only covers solicitors they contract.

what happens is that this letter is sent out by RBS (not by a solicitor) in a standard template, and they then contract a solicitor under that trade name if they wish to go forward. This is confirmed by the print at the bottom of the letter, that this is the 'practicing name of solicitors employed by the Royal Bank of Scotland'. In other words they are not actually a law firm, and do not retain solicitors on staff, but any who are asked to represent RBS use this name if they are later contracted by RBS

Green and co is therefore simply a name under which of RBS pays the contracts to solicitors. However there is the name of the principle at the bottom - j.a.m. green l.l.b.

If this solicitor does not exist, this does appear to contravene the OFT collection guidelines and the Law Society may also have concerns about. However, I do seem to recall that RBS were challenged about this before and it was not found to be unacceptable to use this. This was on the basis that RBS might contract a lot of different solicitors.

As this is a new thread, without looking at your previous posts, have RBS/Triton sent you a valid CCA? What letters have you sent them so far?

It would only be worth writing to these people to challenge them to supply information to substantiate that they have the required original documents which are capable of being enforced by a court. And that you would defend any such action, should they decide to proceed in that direction.

Huckster

Hi

I today recieved a letter from Green & Co, solicitors of Telford saying they act on behalf of RBS. The say if I don't contact Triton Credit Services within 7 days they may be instructed to take legal action. There is no phone number/fax or email number on the headed paper nor is there a company registration number. They are not listed on the law society list either. So I google them - they seem to be in-house legal team for RBS. The address on the letter is Telford and the return address on the envelope is Triton's address. Surely, to state you are a firm of solicitors, when you are not is fraudulent? Does anyone have thoughts or dealings with these 'solicitors'?

Cheers

SJ