Munky vs TBI Fin/Serv's - please help!

[NorthernMunky]

Hi guys

Any advice would be appreciated.

I've received a letter from an in-house solicitor at TBI relating to two debts which I honestly cannot remember, although this may be an oversight on my part.

I've read a similar thread (OP was 'asf1') where he won in court and have prepared a letter to start a similar request and dispute if necessary.

The solicitor's letter says:

"Please take this letter as formal notice on behalf of TBI Financial Services that, by two seperate Agreements dated ** ** 2005 and ** ** 2005, HFC Bank Ltd sold and assigned all of their rights, title and interest in and to, inter alia, the Credit Agreements which they made available to you and any related security and guarantees, to TBI Finanancial Service Ltd."

Now, am I reading this right? Is this a Notice of Assignment? And, if it is - three years AFTER the assignment took place? Is that allowed?!

I'm also worried as they're threatening to seek a Charging Order over the house that we've bought in the last 2 years. With a young daughter and twins on the way, the thought of this is quite worrying. Can I avoid this by transferring the house solely into my partner's name?

Any guidance would be greatly appreciated.

Many thanks,
Munky.

[reallymadwoman]

Is this the first correspondence you have received from them?

Do you have any clue what the debts relate to? Have you ever dealt with HFC?

It does look like a notice of assignment, but I have no idea if they're allowed to tell you three years later. In any event, try not to worry too much. They can't go for a charging order without first issuing a court claim, which you will be able to defend with help from this site. Even if you lost the court claim, the judge would only order you to pay a reasonable sum that you can afford, and only if you defaulted on the payments would they have any chance of getting a charging order.

[NorthernMunky]

RMW - Thank you, your advice is really appreciated.

Whilst I'm on the subject - I'd just like to say that this site is awesome. I've read through a good few threads and it's really put my mind at ease with some of my problems - knowing that there are others in the same boat, and a load of people who are kind enough to spend their own time doing their best to help. I only wish I had sufficient knowledge to offer more advice to those in need. Believe me, when things are easier and I have a penny to scratch my backside with, I'll donate it here instead of going for that itch

Anyway - back on topic - I do vaguely recall dealing with HFC a long time ago, but I can't remember what it was and don't remember it being this much. I've sent a letter in reply, asking for signed agreements and DOA's/any other relevant documents. I've also specifically stated that I consider the amounts to be disputed, as I noticed that was one thing they pulled asf1 on.

Any other views or advice on this notice of assignment being 3 years late?

Thanks again guys and girls.

[reallymadwoman]

I'm having a look around the site, I know I've seen something, somewhere. I'll come back when I've found it again.

[reallymadwoman]

OK - my understanding from reading various other threads (use advanced search to look for 'assignment' in the thread title) is that the assignment is only valid if the notice comes from the original creditor, and until you get a notice from the original creditor you would be entitled to ignore TBI. Personally I wouldn't as that isn't likely to help your position.

Regarding when the notice should be given, there don't appear to be any time limits in statute law, but there may have been something in your original agreements, however since you don't have the agreements, you can't check.

It seems that all you can do at the moment is wait to see what they come back with. If you have contact details for the original creditor it may be worth doing an Subject Access Request request (though probably not yet - I have a feeling from your posts that these debts may be statute barred if they are even yours) to them to see what they can come up with.

You could possibly have a look what is showing on your credit reference file as that may give a clue about how old the accounts are, if they are yours. But be warned - requesting a copy of your credit reference file has been known to draw various DCAs out of the woodwork.

[NorthernMunky]

Hi RMW - thanks again for all your help and time. Apologies for the late reply, it's been a busy week!

I'll see what they come back with in relation to my reply before doing anything else.

[NorthernMunky]

Well - I received no reply. Instead, the only thing I've had is something from the Land Registry advising that an application has been made against our house?! I'm completely confused (and scared!) now.

Anyone have an idea what I'm supposed to do now? This seems seriously underhand to me.