TBI Financial Services **WON IN COURT**

[asf1]

I had a CC with HFC (GM CARD) which I defaulted on in 2004. Found TBI were running the account and had registered a d/f on my credit file. The original HFC d/f is also on my Experian file which I'm trying to have removed. Experian are writing to HFC to confirm, no movement yet.

Sent CCA to TBI, they responded with a full statement printout and a copy of the original application form with mine and my ex-wife's signatures. D/f is for £1010, I asked them for a settlement fig and they responded with £900. I've heard I could go as low as 50% in a settlement, any advice?

[rory32]

Well first of all they have not complied with your CCA request. Send you the application form only shows that you applied for credit - it does not show that you were given credit.

I think you are jumping the gun by trying to make them a settlement figure. Wait until they default on your CCA request and the commit a summary criminal offence. If you then want to make them a settlement start at around 10%. Just make sure that they remove the default as part of the settlement and you have it in writing that this is a full and final with no strings attached.

If you really want to play hard ball with them when they can't produce a copy of the agreement you can go for a settlement figure of zero percent.

[asf1]

Tks again rory32, fyi no mention of a DOA in their repsonse either. I'll reply with the hardball approach as their time is now up.

[rory32]

Well a deed of assignment again is slightly irrelevant, as without a copy of the agreement what exactly have they been assigned?

[asf1]

just checked the application form they sent and it does have statements referring to CCA, is this enough?

[rory32]

An application for credit is exactly that - an application. The application form is completely irrelevant as you have asked for the copy of the credit agreement (this is the agreement they gave you sign when your application was approved).

Please also note if the copy of the credit agreement (which they have still to supply you with) does not conform with the CCA1974 then it is unenforceable.

[asf1]

understood and tks, I'll scan and post the form anyway for comment

[asf1]

Application form refers to CCA 1974, they also sent a wad of printouts of statements. Is this enough for them or are they in breach?

[rory32]

Just because something says on it "This is a credit agreement regulated by CCA1974" doesn't mean that it is. In this case this is an application form not a consumer credit agreement. A credit agreement would list things like credit limits, interest rates, etc. and is required to be signed and dated by the debtor and the creditor. Clearly this application form does not meet any of these criteria.

[asf1]

Tks rory32 understood just wanted to be absolutely sure. The original CCA request was sent on 25 April. They responded 5 May with the docs described above. Tomorrow 6 June is the 12+30 day mark, do I now send the "you've committed an offence" letter?

[rory32]

The 12 days are working days and start after receipt of the request (it is reasonable to assume this took 2 days) so the offence will not be committed until the 15th.

[asf1]

Of course, getting ahead of myself. I had assumed the 12 days were elapsed, non-working.
15th it is then...

[asf1]

I wrote to TBI telling them that their application form wasn't a valid agreement. They responded, adamant that it is. They also sent their DOA and a copy of the HFC T's & C's. They want the full balance within 21 days and are threatening interest to be accrued.

[rory32]

If they want to state that the application form (which is a pre-contractual document) is a true copy of the credit agreement (contractual document) then that's fine.

Just wait for them to commit the summary criminal offence before writing to them again. They are attempting to scare you into paying with threats of interest, etc.

Have they actually sent you a DOA or is it a Notice of Assignment? Also are the t&c's the original ones for the account or just a current HFC t&c document?

[asf1]

Tks and noted, the form does state in the sig box that "This is a Credit Agreement regulated by the CCA etc signing binds you etc" but no APR, credit limit, they are all in the T&C doc.

It looks like the T&C is generic from the original GM Card, but no ref to me, my account number or any dates are printed on the sheet.

And finally, it's a notice of assignment, what's the difference please?

[rory32]

A DOA is a legal deed which assigns the debt to a third party and is signed and witnessed and includes details of the debt.

A NOA is just a notification to the debtor that the debt has been sold. However a NOA should be sent to the debtor before the DCA pursues the debtor for the debt.

With regards to notice of assignments from DCA's.
If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).
Even if the amount doesn't include charges but is misstated it is still invalid.
If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).
The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

[asf1]

The document is described as a "Deed of Confirmation" made on 17th December 2004. It decribes the debt as being sold to TBI on that date. An annexe simply states my name and account number with no other details.

They enclosed a copy of a letter sent to a years-old address of mine dated 13 April 2007 in which they quote the NOA and their intentions to pursue the debt. Took them 2.5 years to find an out-of-date address for me?