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Help- Need some good advice


narcodave
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I defaulted on a HFC credit card in 2003 whilst in Thailand. I have returned to England for a year and have just rec'd a FORMAL DEMAND from PASTDUE credit solutions instructed by T.B.I Financial Services for the principle sum of £4862. no reference as to what the debt is for and this is the ONLY correspondence on this matter ever rec'd. The letter arrived today and the payment of balance is required no later than tomorrow.

 

What should I do?

 

Any information will be useful

 

Dave

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Firstly DON'T PANIC

 

Secondly, If you are sure that this debt is yours and is liable, you need to establish whether these "people" have a right to collect on the debt, send them letter N from the templates library.

 

They are legally obliged to provide you with the documents listed in the letter, if thay can't then they can't enforce the debt

 

Ensure you send a £1.00 postal order and don't sign your name anywhere (these things have been known to be copy/pasted onto documents.

 

Even if they do have the documents and send them to you, at the very least it will buy you a little time and let them know that you are not a pushover.

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Spamheed thanks for the quick reply. Does it mater that I have never rec'd any previous notifications on the debt by either HFC nor TBI? Also I have less than a day to comply with the balance request which is obviously not going to happen. should I delay sending the CCa request for a while to see whether they pursue this further. I am due to leave UK again in Feb 2008, back due to a bereavement.

Thanks again

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Don't worry too much about their deadlines, they tend to make them up as they go along

 

As I mentioned. "If you're sure the debt is yours and you are liable."

 

You mention the year 2003, was that when was the last payment or acknowledgement of the debt occured, or was it earlier than that? (prior to this current contact?) The magic date we're looking for here is six years or over

 

Leaving the country is not an absolution of debt, if it's yours and they have a right to pursue then really the right thing to do is negotiate. But whether you wish to do the"right" thing is a matter for yourself. They will most certainly pursue if there's even the faintest hint that they will get something out of you.

 

Also debt collection is fast becoming a global business with transparent barriers, if there is a legal system that allows a UK DCA to pursue a debt in Thailand (and I wouldn't know either way), I would tread very carefully and not tell anyone who doesn't need to know, where you are, as I believe most debt collection over there is the remit of the police and (please excuse the pun) they really don't take any prisoners

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I know that it did default on a debt to HFC in 2003 and the figure seems about right. The companies mentioned (TBI and Pastdue) I have never heard of. I originally wrote to HFC in 2003v explaining that due to a family death abroad and costs accrued, I could not pay back the balance on the card. I had no contact address and asked them not to engage in any "acrimonious litigation" posted to previous addresses in the UK as advised at the time by CAB. My letter from pastdue has only their case number and client ref no but no mention as to the details of the amount.

I am concerned as i am staying temporarily at a friends house and do not wish to cause them any disruption.

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HFC have obviously transferred the debt to a DCA, hence the new contact

 

Does the communication carry any sort of reference to the original debt?

 

sounds a bit like a phishing trip

 

You could contact them to query what they are referring to, and also to query whether they have a right to the debt, You would therefore need to provide them with some kind of contact details. this would obviously alert them to your whereabouts. so you may wish to consider if you wish go this way

 

They would need to provide you with a lot more detail than they have in order to proceed with any sort of court action.

 

IMO and in your shoes, I reckon I would ignore it and wait for something a bit more substantial from them

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Agree with you. Have just opened a bank account ad have a cc so have found my address and sent out a standard letter. With no reference to any previous letters nor is the original cc company even mentioned i think you are right, sit back and if more details follows then request the cca and take it from there. Just looked again adn see it is over 5 years since i had any dealings with the original cc company. Thanks for advice, feel better, just a shock to get a letter out of the blue without any prior communication

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