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Old 7th May 2008, 09:55   #1 (permalink)
cups
Basic Account Customer
Default TBI and Liverpool Victoria

Hi

I have been dealing with TBI for some time now after LV paased on a credit card debt without telling me. I have found them very aggressive.

In January I sent a CCA and then heard nothing until the end of March when they sent another letter asking for a review. I resent the CCA and reminded them of it and that I had the proof of posting etc sdo know that they had got the original letter.

They have now twice sent me an illegible form that doesn't have all of the prescribed terms. It is a copy and looks quite suspect in it's format as the only thing that is mine is the signature. The signature looks as though it has been placed in the box. What I have also noticed is that the 'credit card number' above the signature of the staff person at LV is not mine! I have rechecked it and it is quite obvious that they have done what i think and sent me a form that is not mine.

I am sending a S.A.R to them today. I am going to leave my suspicions of their forgery for the time being and will wait to see what they say next.

Has anyone else had this problem or is there anyone that thinks I should do anything else.

Regards
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Old 7th May 2008, 10:08   #2 (permalink)
spamheed
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Default Re: TBI and Liverpool Victoria

this is not as unusual as it should be.

the general consensus, is never send your signature as it "may" end up on a document that you have no knowledge of.

they will have to produce the original agreement should they end up taking you to court, without the original, you have no case to answer.
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Old 7th May 2008, 11:17   #3 (permalink)
42man
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Default Re: TBI and Liverpool Victoria

Thank you for your response to my request under the Consumer Credit Act section 78.

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.


You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.


Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

Please also note that if I suspect any tampering, fraud or indeed if I suspect you are attempting to pass off somebody else's documentation as being mine, I will have no hesitation in informing the police
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Old 7th May 2008, 14:34   #4 (permalink)
cups
Basic Account Customer
Smile Re: TBI and Liverpool Victoria

Thanks for your help. I will send the letter as suggested tmrw. I have already sent the Subject Access Request and I'll see what that throws up. The more I look at it the more it seems that they have copied my signature onto a form and sent it to me.

When I originally made the CCA request they never got back to me, which for that company is very unusual as they are pretty aggressive and persistent which just heightens my suspicions with regard to the form.

I'll update when I get a response,,

Cups
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Old 10th May 2008, 11:29   #5 (permalink)
cups
Basic Account Customer
Default Re: TBI and Liverpool Victoria

Hi

I sent off my Subject Access Request to TBI and got a reply today.

They have sent me statements from October 2004, I got into problems prior to that (2002) so should they send me all of those as well?

They have sent me all their 'screen shots' from when they have had the account but nothing from LV, do I have to go to LV seperately or should they get that for me?

Also they did have my original request from January for the CCA but just never bothered to respond to me.

They have again sent me a virtually illegible copy of what they say is my Credit Agreement. It only has my signature in a box but does not have my writing on it anywhere else. The problem with the number being different, that is the number above the employees signature, is that the card number and account number can be different? Is that possible?

I have rummaged around and found the original agreement that LV sent me, and it is different to what TBI have sent me. Although a lot is the same it is all laid out differently and the monthly rate of APR is different. On the original agreement it is 'charged at a daily basis of 0.482% per month', and on the one TBI sent me it is shown as 0.48%. Is that right?

In none of the two agreements I have does it give a credit limit at all, it says 'we will set and give you notice of your credit limit from time to time'. Again I don't think that is right, unless anyone thinks differently.

They have threatened legal action for a charging order if I don't come to a new arrangement. I am happy to go to court if I can win on the basis of the agreement being unenforceable which I think it is?

I would be immensely grateful for any advice.

Cups
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Old 10th May 2008, 15:20   #6 (permalink)
cups
Basic Account Customer
Default Re: TBI and Liverpool Victoria

Can someone tell me what they think about this.

I am not sure what to do about TBI?

Is it worth sending an Subject Access Request to Liverpool Victoria as well to see what they have,,or should TBI have sent me everything,,,even the LV stuff.

I am worried that after six years of this crap that finally one of the DCA's will get a charge over my house! I am not averse to paying but the majority of the debt is interest etc and they have been less that halpful. TBI have been particularly agressive,,

Any advice would be much appreciated
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Old 12th May 2008, 10:12   #7 (permalink)
cups
Basic Account Customer
Default Re: TBI and Liverpool Victoria

Hi

Could someone tell me what they think on this one as I am very confused,,

I am going to Subject Access Request LV and see what they have as the 'agreement' doesn't make any sense and doesn't look complete.

Any advice would be appreciated,,

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Old 13th May 2008, 15:44   #8 (permalink)
cups
Basic Account Customer
Default Re: TBI and Liverpool Victoria

I have sent off a Subject Access Request to LV today and told TBI to give me time to get their info,,

Can anyone tell me if there is anything else I can do..please help!!
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