Hi everybody.

Hopefully, you knowledgable people can help me, I'm about to set off into the unknown with the unscrupulous people at T.B.I Finacial services, their dreaded mortgage department. I'm really sorry, this is a little bit long and convaluted.

A few years ago, myself and my partner took out finance with HFC bank for a double glazing loan to get the windows in the house sorted. In a nutshell, we defaulted on payment and due to the fact I lost my job, the debt went all the way to judgement which ended up being about £2,100. As silly people sometimes do, I ignored the problem hoping it would go away, but it's snowballed,

Then these TBI people got involved and thinking ignoring them they would go away, they eventualy went after the house and got a final charging order. What worries me, is that the interest they are slapping on is wiping out the £30.00 a month I agreed to pay them and then I stopped for a couple of months to try and sort this out but wasn't sure how to go about it.

I questioned the steep interest that had been added to the debt after judgement and the guy emphatically told me that they are within their right to charge interest after judgement as it was contractural, and the debt has spiralled to £5,500. TBI have threatened to escalate the order if I don't continue to pay them. The person I spoke to was very rude, and said to me, "don't even think about taking us on" you can't afford it! So, I'm back to paying their £30.00 a month (and they also say they are doing me a favour letting me pay such a low amount). I just feel like they have me by the short and curlies, I'll be paying them for the next 20 years at this rate.

Please can someone help me, this whole thing is just getting ridiculous.

I have (yesterday) sent a template letter requesting that they send to me, a copy of the original credit agreement although I'm not sure what I'm going to do with that when I get it. I'm trying to sort this out on my own because I don't earn a lot of money and can only just meet my mortgage commitments each month, so I'm feeling around in the dark.

I've been inspired to ask this site for advice because of the horror stories I've read on the internet about TBI and the unauthodox methods they use. I'm trying to manage this problem now, albeit I have left it late, but I really need some guidance on the correct procedures/steps to take.

Thank you in anticipation of any help your members can give me. Just one more thing, IVA and personal bankruptcy is not an option, I do not want to even consider that. Thanks

Moved to the debt collection forum.

Unless the CCJ stipulates that interest can be charged then they can't.

I wonder if there was any PPI on the policy ? as HFC got into trouble a few years ago with this, a CCA request is a good start, but If it was me in your position I think a SAR might be a good option to the original creditor, there may also be some severe charges on it also...

How long ago was the CCJ awarded ? Do you still have the particulars of the claim ? Did you fight the original court claim ?

Hi.

The CCJ doesn't show on my credit record any longer, so it must have been a long time ago. I didn't go to court to fight the claim unfortunately. I will be getting full details hopefully within the next few days, so I will post some accurate information then. I really appreciate your help, Thanks.

It would very very good to see the agreement, although a SAR costs £10 this will get them to reveal all they hold on you, so hopefully it will reveal the charges, any PPI that could have been added to the agreement, a copy of the default notice, any notices of assignment, however be cautious if they attempt reposession, they have a right to go for a possession order if you have broken the terms of the CCJ order from the judge, what you would need to do to stop the charging order is to make an application to remove the original CCJ, but you need grounds to do this...do you by any chance have the order from the court on the original CCJ ? if you no longer have any paperwork you can either get it from the court (they may need a reference number/case number or from here - http://www.trustonline.org.uk/ (unfortunately there is a charge for using this service)

If the CCJ is no longer on your credit file it won't be on the Trustonlie either because they only keep the record for six years.

I have today received all the paperwork from T.B.I financial services which they had promised to send to me. It consists of one statement which they have very abruptly pointed out illustrates the fact that no interest had been applied since 21/10/2009. The original debt at judgement was £2,242.65 in 2002, it has now escalated to £5164.59 having picked up £336.40 a month interest per annum since the original judgement. I have again been in touch with the T.B.I representative who confirmed that no other information has been sent to me. I am now sending an S.A.R directly to T.B.I.

I really cannot afford to keep trying to pay this debt off if it's going to keep attracting interst at these sums. The interest is wiping out the payments I am making,do you think I should get this back to court to ask for the interest to be frozen, or would this open a big can of worms for me? Thanks to the people who have responded so far, I really appreciate your advice.

Hi

Write everything downand do not panic TBI are veryunscrupulousbut also very lazy and prone to make mistakes with their paperwork. You will get all the help you need here.

Cups

Hi CUPS, and everyone else who has taken the trouble to reply to my message. The situation now is that, I have resumed paying a monthly amount to TBI while I investigte other avenues of exploration. TBI refused to acknowledge the fact that regardless of the interest they are piling on, the money I am paying will have to be put towards the total on the original judgement amount before their interest and therefore, when I have paid the outstanding total of the original judgement I can get a certificate of satisfaction from the court, then TBI must remove the charging order that they have registered against me. They then have to pursue me for the interest seperately, and according to legal eagles, this has never been succesful to date.

The most important thing is my getting the charging order taken off, so I'm going to continue paying my monthly payment. I have already sent them a request asking for a copy of the original credit agreement, as well as a Subject Access Request, so I am awaiting these documents, then I'll study them and take the matter further if I feel I have grounds. I'm just pleased that I can get the charging order lifted after paying the original judgement amount.

TBI are nasty unscrupulous people, they will not listen to reason. I acknowledge my debt and I am trying to clear it, but their methods involve scare tactics and legal jargon.

Thanks again to all the contributors on this forum.

Judgement Debt £ 2130

Debt to date : 5,295 and rising.

If you’ve been paying at £30 a month for eight years, by my reckoning you have paid nearly £2,900! You must therefore stop your payments as you have already overpaid the judgment. Maybe it’s time to try and get the overpayment back?

The judgment has been paid, so you need to set about getting the CO removed.

wsmorris

re post J contract. interest (and stat. interest) see this thread for eg http://www.consumeractiongroup.co.uk/forum/showthread.php?276445-Dca-adding-8-statutory-interest-to-old-ccj-anyone-know-the-law-on-this-please/page2

Hi WS

Looks like you have had the best advice that you can get here.

TBI are a bunch of scoundrels, they seem to keep very quiet for years on end and then suddenly come out of the woodwork.

They like to threaten and harass people. You may want to think about asking them not to call you and only communicate via letter.

Good Luck

Cups

Hi.

I wonder if I could ask for your guidance once again over the trouble I am having with T.B.I.

I have sent a subject access request to them, and they have failed to reply to me, but the postal order was cashed a few weeks ago. It has been 47 days now since the request was sent to them, can you advise wht I should do next. Many Thanks.

Hi

I would be tempted to resend it and put on it that you havbe proof that they cashed the cheque and received your letter, ask if they have forgotten your letter. They said they forgot mine, this normally means that they do not have what you have requested.

If you know the court that the CCJ was issued at then hav yout tried them to get a copy of the judgement.

I am sure that someone else will be along to offer more advice, any probs then hit the triangle for a site team member to assist.

Cups

If you’ve been paying at £30 a month for eight years, by my reckoning you have paid nearly £2,900! You must therefore stop your payments as you have already overpaid the judgment. Maybe it’s time to try and get the overpayment back?

 

The judgment has been paid, so you need to set about getting the CO removed.

Did you stop payments? You have paid the debt!

Hello wsmorris....with regards to your SAR, if they have failed to provide any information, what you must do is send a letter headed LETTER BEFORE ACTION, give them a further 14 days in which to comply, enclose a copy of the original SAR you sent and send this recorded delivery. There is an example of a letter before action here - there is little excuse to not comply with a SAR - (and let us know if they comply) - http://www.consumeractiongroup.co.uk/forum/showthread.php?178660 you may also find these links useful too. If they do fail to comply you have 2 options, take them to court for non compliance - if the judge finds in your favour then he/she will compensate you. OR you could report them to the ICO (which could take months)

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

http://www.consumeractiongroup.co.uk/forum/showthread.php?49571

http://www.consumeractiongroup.co.uk/forum/showthread.php?200771

wsmorris

see also sequenci's blog for eg re interest http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

Hi

Welcome to The Consumer Action Group.

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

It can be bit confusing at first.