Help with Intial Writ from TBI

[vitalspark]

Hi,

I have received an initial writ from TBI Financial services. This is for an old HFC loan which I had back in 2001. I have sent letters asking for a copy of the assination of the debt from HFC to them and also asked for a copy of the original signed CCA. (Template letters from this site). I received a letter back saying they were disapointed and not happy with the tone of the letter. No further feedback from them until today when a initial writ was posted through the door (not even in an envelope) stating they will produce the credit agreement in court.

The debt is £10,423.98 plus interest at 8%.

What should my defence be?

Any other advice.

Thanks

Vitalspark

[rory32]

This is for an old HFC loan which I had back in 2001.

Have you made any payments towards the loan since 2001?

[vitalspark]

think last payments were in 2003. they have not sent the ca as requested. will be defending in court so any help appreciated.

[rory32]

If you haven't made any payments since 2003 then it is possibly statute barred depending on when the payments were made in 2003.

What are the Details of Claim?

Have you received any other forms other than the initial writ?

[Eternal pessimist]

[quote=rory32;1762603]If you haven't made any payments since 2003 then it is possibly statute barred depending on when the payments were made in 2003.

Don`t want to hijack thread but this is kind of on topic,Spoke to lawyer yesterday who said as long as a DCA have made an attempt to pursue a debt in the past 5 years it cannot be statute barred.
In my case the debt i have was last paid Sept 03,no contact at all with DCA but because they lodged court papers on Aug 15th 2008 it can`t be statute barred.She did say it was a grey area though.
I found this strange what is to stop a DCA plucking a figure out of the blue and suing.

[vitalspark]

Today I received a letter from David D Jones LLb with a copy of a Personal Loan Agreement and terms and conditions. Is this a consumer credit agreeement or just a loan application? Also there is only one name typed on the agreement and the second name hand written in. Does that mean only the typed person would be liable?

[rory32]

Is the loan agreement signed?

[rory32]

who said as long as a DCA have made an attempt to pursue a debt in the past 5 years it cannot be statute barred.

Correct but they would have to have pursued it through the courts.

In my case the debt i have was last paid Sept 03,no contact at all with DCA but because they lodged court papers on Aug 15th 2008 it can`t be statute barred.

As they lodged papers in August then it is within the 5 year period, so even though the hearing may well be after the 5 years the initial action was taken within the 5 year period.

what is to stop a DCA plucking a figure out of the blue and suing.

Well surely you would ask them to substantiate the amount. DCA's can not add costs/charges (unless they are court costs) to the account unless there is a clause in the agreement allowing them to do so. As this is a consumer agreement there won't be as this would bring into question the validity/fairness of the consumer credit agreement.

[vitalspark]

Originally Posted by rory32

Is the loan agreement signed?

yes it is