Help needed with TBI please

[cups]

Hi

Please could someone tell me what they think about TBI and a CCA request. I have previously started a post but no one looked at it, so please bear with me.

TBI have had my old Liverpool Victoria credit card account for a couple of years now. They are a very aggressive team and prior to finding the CAG they made my life a misery.

Back in January 2008 after a letter of review, you know the 'we want more' letter I sent them a CCA request which they did not respond to. I now know that they did get it as it is shown on the stuff they sent me after I Subject Access Request'd them!

Anyway last month the CCA request was sent off again and they sent me a totally illegible 'copy of a credit agreement'. I wrote back and then they sent me another one that was not much better saying that is the best we can do.

On the second occasion they sent a second sheet that has details on it about the card, interest etc that was not with the first letter. The alleged credit agreement has none of my personal details but only my signature which doesn't look right! Having examined it closely it looks like the second page of an original application form, it actually says application form at the top of the letter!

I have looked through my own corries and I have found the original copy of the second sheet which on the face of it looks the same but it has a different front to it. They seem to have sent me a part of an application form and then some terms. these are definitely seperate sheets but they have sent it to look like it is the front and back of one form. Also the 'terms' oart of waht they sent me has a number on it with a bar code and it is not the same as I have in my possession,,

Also I have signed it on the 30/05/2000 and they signed it on the 02/06/2000. Do they not also have to prove that they sent a copy of this alleged agreement to me with proof of postage etc?

I did Subject Access Request TBI and they quickly returned a lot of paperwork, back in Feb 2007 they are showing a default fee of £50 but they have no record of a default within the records they sent and they have never issued me with a default notice.

I wrote back asking for time to get info from Liv Vic as I wanted to Subject Access Request them as well but TBI say they want a response by the 23rd May otherwise they will start court action.

I am not trying to get out of the debt but I would like to make sure that they are not trying to have me over like a lot of these DCA's do to people.

I have tried to find a way to put stuff up on the page but I do not have a scanner etc, also the quality of the 'agreement is so bad that is is barely legible.

Please could anyone tell me what i should do, I don't want to just cave in as I think they have not given me the correct information.

Many Thanks

Cups

[citizenB]

Hi cups,

It might have been better if you had stayed with the one thread

TBI and Liverpool Victoria

That way people can offer advice in the one place.

If the document is as illegible as you say and there are no links between the two pieces of paper you have received then whoever takes you to court must at that time show a legible agreement. So they COULD be just trying to frighten you.

If a mod/site helper can get this thread merged with your other one..keep it updated so anyone looking in has information in one place.

Did you write back to TBI saying that they have failed to provide you with a legible document. I think I have seen a letter somewhere you can send them.. dont panic.. I will be back as soon as find it.

[citizenB]

Ok, well I have searched and I cant find the letter I am looking for.

You should write back saying something along the lines of:

With reference to your letter dated xx xx 2008..

The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. All you have sent is a document which is illegible and therefore not compliant with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557), your attention is drawn to regulation 2 (1) which sets out how copy documents must be presented.

Therefore my request still remains outstanding. If you are unable to supply with a legible copy because none exists, please confirm this in writing.

Etc, etc,

HTH

[cups]

Thanks for the reply,,I only put another thread in as I had had no replies and thought the word 'help' in the title might get a response as I was getting desperate,,

I will send another letter as you suggested and then also add in about the o/standing Subject Access Request request to LV which they should give me time to get according to the OFT guidelines.

Does anyone think i should also say that I believe the forms do not match each other, they quite clearly look different sizes on the copy?

Cups

[cups]

Hi

I have sent TBI off a letter today, I have put in the suggestion about legibility, OFT guidelines about accounts in dispute, mentioned about the fact that both of the letters don't match so are obviously from different forms etc.

Also I found a bit of advice from Nicklea about cancellation terms etc, and a stated case that he mentioned in another thread and hopefully that should keep them going.

LV have sent a Data Protection Act from which requires copies of bills etc. I am tempted to send them on copies that are blanked out of any useful info,,

Cups

[citizenB]

Originally Posted by cups

Hi

I have sent TBI off a letter today, I have put in the suggestion about legibility, OFT guidelines about accounts in dispute, mentioned about the fact that both of the letters don't match so are obviously from different forms etc.

Also I found a bit of advice from Nicklea about cancellation terms etc, and a stated case that he mentioned in another thread and hopefully that should keep them going.

LV have sent a Data Protection Act from which requires copies of bills etc. I am tempted to send them on copies that are blanked out of any useful info,,

Cups

Well that should surely keep them too busy to be writing any more silly letters to you for a while .

[cups]

Hi can anyone tell me what they think on TBI's latest response.

After my last letter TBI responded by saying that my points were null and void. My complaint was not upheld and that I could go to the FOS, which is what I am doing.

I wrote a further short letter asking them to confirm that they supplioed me wit everything that i asked for on my Subject Access Request request and asked that they confirm that they had the originals of the documents that they had sent in their entirety. Quite clearly what they sent were two documents,,not complete in any way.

They have just replied with a strange letter saying they won't neter into any more correspondence with me and ''at no time has this company advised you that the copy of the agreement you have been provided with, is in it's original format. This is not a requirement of the Consumer Credit Act.

Now i have read about the gebre of 'reconstituted agreements being supplied to people but I also realise that this is often done because the 'original' is not held or does not conform to the legislation.

I really don't know what to think. i have had no copies of defaults or anything as I think that they have never been sent etc. I am very confused..

Any advice would be appreciated,,

Cups
jo

[citizenB]

Ok, well the letter with the statement "we wont enter into any more correspondence with you on this matter" is their Final Response and you can now take your complaint to the Financial Ombudsman Services or the Information Commisioner as they have clearly failed to provide you with the document you have requested.

HTH

[cups]

Thanks a lot for the advice.

I am in the process of posting this off over the next few days.

I just wonder why they would send what are two different docs to me? I can only think that it is to try and make me think that they have all the req'd documentation. I have read other threads about TBI and it would appear that the unreadable docs bit is a regular ploy of theirs to try and fool people who challenge their methods or ask for what they are legally entitled to!

If they have everything but won't give it then I will take my chance with it as I have everything to gain and nothing to lose,,the thought of whatever else they may do does not phase me at all,,

Cups

[citizenB]

I am not sure why they have done this either cups. I appreciate you arent able to scan your documents in but it really would be a big help if you could find a say somehow.

I think one good thing is if they havent sent you anything better in your S.A.R package from your CCA request then they would find it very difficult to argue their case in court.