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  1. i wil give a short outline to see if its worth going into more detail. i had a loan with HFC bank who sold the Debit on to TBI financial services. due to ill health (mental health) of which TBI is aware i am no longer able to work. i took out 2 loans with HFC one as a personal loan and one as a sales agreement trough PC World in 1998 and 1999 both unsecured. when TBI brought the loan they started off ok then because i was unable to pay the amount they wanted citizens advice negotiated a payment of a pound a month which they at first they took then they took court action to get a charging order at first in reading county court this was refused and they were awarded £20 a month. they then got a redetermination order in my local county court and was granted the charging order. since then several things have happened firstly i found out i had PPI on the loans and HFC now HSBC agreed to pay me the amount back. but instead paid it to TBI Financial Services i took this mater to the financial ombudsman and he agreed that this was wrong and now HSBC have agreed with him at the last second . they have said they will pay me back still waiting but they have 4 weeks left to pay. so the amount they took me to court for was wrong ? the other thing is on further looking at the loan agreement for the personal loan i have seen that it looks like i signed the agreement on the 30/8/1998 but the person who signed on behalf of HFC has dated it as 30/5/1998 is this valid as his date is 3 months be for my date. TBI have informed me since the charging order that they are charging 15% apr and even if i pay this off they may be other charges palaces on the account but do not say what charges they are or how much. any more detail please ask Albert: mad2:
  2. Hi Guys, This is part of my bigger debt issue here if anyone would like a back story: http://www.consumeractiongroup.co.uk/forum/showthread.php?387784-Big-Debt-Problem...HELP! I have received my request from TBI for the CCA, does it look enforceable? If it is I was thinking of asking for a F&F of around £100, do you think it is worth sending a letter? Strange thing is TBI are asking for about £390 and on my credit history the amount is £195! You can see that on the first page of the big debt problem post under V12 Finance.
  3. Hi I have been dealing with TBI finance recently over a debt they claim I owe on an old account. It all started off with Merit Finance contacting me in 2010 ten years or so after the judgement, This is clearly statute barred but they claim this is not the case and constantly pursue me. I’ve laid out a full sequence of events below quoting what they are saying, Please help me with what I need to do to stop them bothering me, this is ruining my life, my girlfriend has left me now she opened one of the letters and saw the alleged balance outstanding. Thanks in advance. The sequence of events is 1) A copy document merit sent me says they are pursuing a loan taken out with Imperial Consolidated Financiers Ltd in July 1999 2) A copy document merit sent me says payments were made in August 1999 and December 1999 3) A copy document merit sent me "request for judgement and reply to admission" shows a CCJ was registered in November 2000 4) Merit finance wrote to me in October 2010 requesting payment, they said I must pay I responded saying it must be statute barred and did an SAR on them - I had no response from them at all 5) TBI Finance contacted me in March 2013 saying "We write to inform you that, by an agreement dated November 2012, Merit Finance Ltd sold and assigned all their rights, title and interest in, to and under, inter alia, your above Agreement and any related security and any county court judgements to TBI Financial Services LTD" They asked me to make a proposal to them and they made a request for monthly installments and PAF Payment Alternative form. They said if I didn't respond in 14 days they "would take necessary steps to enforce the judgement obtained against you recorded at court under the claim number at the top of the letter by one or any combination of the following a) attaching your earnings from your employer b) registering a charge on your interest in any house you own c) appointing a court bailiffs to levy on your goods and possessions and subsequently selling them towards settlement of the debt d) rendering you personally bankrupt Any such action will also incur further costs which the court may award against you" 6) I wrote to TBI and told them about the letters to Merit finance and that I had no response. 7) TBI wrote to me and said “I note we received a copy of an apparent letter sent to Merit Finance in December requesting a copy of any data held. Be advised that I am in receipt of Merit Finances full file and this letter has never been received by them, despite them been in correspondence with you and replying to a letter dated August 2010 in which you state the account is statute barred and a further letter in November 2010 where you indicate you were not aware of any county court judgement. It is quite clear that Merit tried to resolve the matter with you amicably but without success.” 8) They said they would take the steps previously advised in the last letter so I wrote to them in April and said “ALL CORRESPONDENCE WITH MERIT FINANCE WAS SENT RECORDED DELIVERY. I always receive assistance with writing letters from my partner and family as well as advice from the local Citizens Advice Bureau. Notes are always taken at meetings. If you do not stop contacting me I will make a complaint to the financial ombudsman and other authorities about you” 9) They wrote back in April saying they got my letter and it was clear I wasn’t willing to work amicably. They sent me a copy for information of the original credit agreement, details of the court claim, settlement of account showing two payments made in 1999 and a copy of their complaints procedure. They told me they were instructing their solicitors to deal with the situation now. 10) I did nothing and received a letter from David Jones Solicitors (same address) in June, they introduced themselves and they reiterated the four points about earnings, interest in any house, court bailiffs and bankruptcy. They said any action would add up costs that a court would award against me. They gave me 7 days. 11) I wrote back to David Jones and TBI and said “I dispute any claims made by you or linked companies. Merit Finance did not respond to my statutory requests for information so I repeat the request to you. While I acknowledge no debt to your company I would be grateful if you would comply with the following: Data Protection Act 1998 Subject access request Please would you kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10. For the avoidance of doubt, take note that the enclosed cheque/Postal Order is payment for the fee relating to my Subject access request only and not a payment of any other kind or to be used for any other purpose. For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company or with any company you claim to be representing. - Computer screen notes -. Internal messages or notes -. Internal messages or notes relating to transactions -. Recordings of any telephone conversations, whether internal or external -. Copies of any e-mail's, or other electronic communications, whether internal or external -. Copies of letters -. All information relating to litigation or pre-litigation -. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item -. Copies of all reviews conducted -. Copies of all other paperwork including all application forms held -. Copies of any and all documentation issued -. Any information you hold regarding any court proceedings already undertaken or any pre-litigation information you hold including, but not specifically limited to: Initial POC Court judgment information Court judgment awarded against what debt, and the original lender When the court judgment awarded Full details of the original claimant Any other documents / information in relation to litigation or pre-litigation - All correspondence sent to all parties with proof of delivery relating to change of ownership of account / debt I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel. I have enclosed the statutory maximum fee of £10.You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please write to me. 12) David Jones wrote back to me in July and sent a pack with information they said I could have in accordance with sec 7 of the data protection act 1998. They said they trusted I would be making them proposals. They sent me screen notes detailing the full trail of how they went about contacting people at addresses and using agencies that I am not happy about using unscrupulous methods. 13) They didn’t send any copies of transfer of account or ownership or original application forms etc so I wrote back with a tick box for them next to the list of points above asking them to explain why they were unable to send everything of what I asked for. 14) They wrote to me last week saying “We confirm that our client does not have to provide you with manual records held on file under Section 7 of the data protection act 1998, as these records are not held in a relevant filing system” Then they say they look forward to hearing about proposals to pay.
  4. My girlfriend has just received a CCA from TBI. Credit card appears to have been an Amazon card from Halifax. The CCA has no signature from Halifax and doesn't appear to have any credit limit written anywhere. I've attached the first 2 pages of the CCA. It would be great if anyone has a chance to look over it to see if it appears to be enforceable/legitimate. [ATTACH=CONFIG]43938[/ATTACH][ATTACH=CONFIG]43939[/ATTACH]
  5. Hi Guys I have recieved this letter from TBI now. Any advice on how I should proceed please? Does David D Jones even exist as I could not even find a website? Cheers
  6. Hi All, I have chased this myself as my claims company in 2010 were about as much use as a chocolate fireguard. Basically HFC apparently made an offer in 2010 via the claims company which I never received. After not hearing I totally forgot about my claim until recently when i contacted HFC bank. Apparently they had made an offer of £2600 but they wanted to pay this to TBI Financial Services. I never received any of this correspondance. I wrote to them challenging this as it according to this forum and other forums not legal to pay a third party the PPI refund. I have taken a photo of their latest letter ( we are going round in circles ) and they state this is their final response. Could someone take a look and advise please as I am not one to let this outfit get away with this.There phrase " we have the obligation to forward the PPI on " is surely not a legal one? [ATTACH=CONFIG]42915[/ATTACH]
  7. Gonna be quick with this people, had a business barclaycard. Because of personal circumstances have not been able to deal with. Been written to by TBI with a notice of assignment in same envelope from BC. Had rung BC today to get this crowd off my back and offer a full and final, but they say I have to deal with TBI. Any ideas on this, was shafted left right and centre with Barclays Bank on business banking and lost 4.5k in 18 months in charges taken from account before our own funds were clearing down for us to use. Gonna stop on this or I will start ranting!!!!!!
  8. Partner received Default notice from TBI last week after many amusing emails from ken there Seems rather odd as Lloyds would have issued default notice originally The Notice gives until 5th of November to remedy the breach, yet it will be statute barred in around 2 weeks Sent of CCA request to TBI today...... Then they said if didnt remedy the breach they would issue county court papers! Happy days!
  9. I just thought i would cut and paste these emails for your reading. I like the part where Ken says he is aware of my invovlement with these forums! (my partner using my email address for these emails) Dear Ken Your company has contacted me in respect of the above account which you claim is owed by myself It is my understanding that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last correspondence or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period underSection 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I we look forward to your reply. K I am able to confirm safe receipt of your previous e-mail in which you refer to the following :- Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued" Sadly, whilst it is apparent you clearly recall this account, you do not yet fall outside of the 6 year period to which you refer. With that in mind, I have issued you with a statutory notice of default and should you fail to comply with its terms, then steps will be taken to enforce the agreement. Regards _____________________________________________________________________________ Hi Ken Thank you for your response. I can advise that the only steps you may take to enforce this agreement are to sue me via the County Court. i withdraw the implied licence for you to send any one to the property (debt collector, no powers etc etc) I also do not believe the is a signed credit credit agreement This will be the final correspondence that i shall enter in to unless you issue a claim at the county court or via the money claim online service. If and when i receive this i shall request you prove the agreement exists under CPR Therefore unless i receive stamped papers with the next 14 days i shall consider the matter closed For avoidance of doubt any court action you take will be heard in my County Court Regards K _____________________________________________________________________________ You may wish the matter closed unless you receive stamped papers within 14 days however, sadly that will not be the case, with this company prepared to take the matter to court, in our own good time rather than on a timetable stipulated by you. You may also withdraw licence for this company to send someone to your address to obtain payment however, should we believe this may assist us in recovering money that was loaned to you by the Lloyds banking group, then this action will too be considered. I note you will not enter into any further correspondence however, we are obliged to write to you before considering litigation and will of course do this at the appropriate time Regards Ken _____________________________________________________________________________ Ken, If you choose to send a field agent or what ever they like to call themselves, they shall be removed from the property forthwith and if they persist the police will be called. As you are aware debt collectors have no more rights to visit me and i will not deal with any third party debt collector at the door In regards to the paperwork you sent me (the income/expenditure sheet) i shall not be filling this in as you have no right to this information. I therefore await your next letters with great interest and look forward to defending any action you wish to bring in the near. Cheers K. P.s the good folk on various consumer forums will help me compile a defence against your company _____________________________________________________________________________ Alternatively, you could just repay the money that was loaned to you in good faith and which has clearly been spent by you. I really don’t understand your reluctance to repay this money and the fact that you seem determined to take every possible step not to repay it. I believe that I can demonstrate to the County Court that this company has given you every opportunity to make an offer of repayment and whilst you may enlist the help of several consumer help groups, (I am aware of Phil’s involvement with these) however we be successful, you will of course fall liable for any costs incurred. I am sure you are aware of this. This will be this company’s final e-mail on the matter Regards Ken _____________________________________________________________________________ Hi Ken, As you will know the matter is not about paying what money may or may not have been loaned to myself. The fact you can demonstrate to the court that your company has given opportunity to make offer of repayments when the alleged debt is in dispute is really not relevant I would therefore suggest that you do your normal chain letters etc etc, get those out of the way and then issue myself with a Claim. I would also suggest you save yourself the fees if you don't have a signed consumer credit agreement as your claim will not not succeed otherwise I shall then apply for costs @ the litigation in person rates against your company This is the last email from myself, I therefore look forward to receiving Court papers when you are "good and ready" Regards K
  10. Hi there, I have received a letter from TBI Financial services solicitor regarding a debt which is well over 6 years old (I believe in Scotland it becomes statute barred after 5?). I believe the debt may be mine but I have had no correspondence regarding this for well over 6 years and not made any payments for longer than that. The sum stated in the letter seems way in excess of any loan/agreement I had in the past. The letter received states: "We are solicitor for TBI who are the Assignees of the benefit of the Credit Agreement you had with HFC Bank. Please take this letter as formal notice on behalf of TBI that, by an Agreement dated 17th December 2004, HFC sold and assigned all of their rights, title and interest in and to, inter alia, the Credit Agreement which they made available to you and any related security and guarantees, to TBI. We are instructed that there is the sum of £5xxx as at today's date owing to our client company on this Agreement, and we are further instructed that unless we receive either your realistic proposals for clearing this sum by 7th February 2011 or a bankers darft for the full balance outstanding, proceedings will be instituted against you for the full balance outstanding without further notice. We must advise you that should proceedings be issued then you will, of course, be liable for all additional costs and expenses which the Court may award against you, in addition to the sums quoted above. We also put you on notice that it is our client's intention to enforce any judgment obtained against you by way of Letters of Inhibition given your interest in the property at XXXXX. We trust this will not be necessary and look forward to hearing from you by return." Help and guidance would be gratefully appreciated! Andy
  11. Hi, I have just been reading through previous threads regarding the above. My husband took out a credit card with HFC in Feb 96, I'm not sure (nor is he) when he fell into arrears with them (we have only been together 3 years), but I think he was paying it off with other creditors through an IVA. He stopped paying this 3 years ago when he moved in with me. Several creditors tried their luck and failed to produce original agreements when asked. However, TBI had got hold of 2 debts. 1 for around £2500 and the other £10,000. The smaller debt they managed to quickly get a charging order against the property that he was selling and was therefore paid off. Rippon Patel & French (a nasty piece of work!) now act on behalf of TBI in trying to reclaim the other debt . They sent a court order first, this was never received as it was sent to an old address. Then they issued a statutory demand which they managed to send to our new address. They were threatening bankruptcy preceedings. CAB advised, ignore it until they do. Well, they have now. What I need to know is: The original application from that my husband completed was never signed at the bottom on behalf of Beneficial Bank. There are no terms and conditions, APR rates or anything else. This is actually just the application form and not the credit agreement, although it does state above his signature that 'this is a credit agreement etc etc'. This is a very old debt so I asked RPF for copies of the transactions that created this debt. They stated that 'all transactions under the Agreement, you will have been furnished with such an account via a regular statement of account provided as a matter of course to all account customers. We suggest you check your records for the same'. I feel that this is unreasonable! I intend to contest this bankruptcy petition (the hearing is on 14th December). Any advice would be really appreciated!
  12. 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
  13. I had letters from TBI demanding money for a debt.. i didnt know about anything CCA or how they should handle things i filled in a form to say how much income i can spare and sent it back they sent me a card to pay using paypoint and i have done a couple of payments is there any way i can stop paying them as i didnt see any CCA forms off them as i was a bit niave glad i came here so far!... any help please? thanks
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