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Hi all,

 

I am hoping someone would be able to offer infromation on the following situation.

 

I received a citation from a scottish court last month offering a time to pay order. It was from TBI Financial Services. The citation stated they had an assignation from Liverpool Victoria for a debt i owed. I replied in the required time frame aknowledging the debt to LV but included an accompanying letter to the Sheriff stating that TBI did not have my correct address on their database and I had not received any communication from them at all regarding this debt....the address they had was similar to my own but had road instead of place, and this is an entirely different address in my home town.

 

Sorry for whittering on but my question is ..is this citation enforcable if the information contained in it is inaccurate, and that I have not had any communication from the company suing me (TBI).

 

Many thanks for any help given.

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i'm not sure BUT if a road fairly local to you does exist i cant see how it can be enforced.

thing i would probably do in this case is actually go to local court explain situation to them and see what they come up with.

 

sorry cannot help more

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Send this letter to TBI [with thanks to Curly Ben and Diskman Dave]-

Dear................

 

I acknowledge receipt of your notice of legal action sent by your company on ...december 2007

which was received on ....december 2007.

Please be aware that any proceedings will be extremely vigorously defended and that a

counterclaim will be made against TBI Limited.

I am unable to respond further at this time, since you have given me inadequate information

to investigate the claim. Please note that under the Overriding Objectives, you have a duty

to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter

before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the

claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response

within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received

within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which

the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative

method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this

practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this

practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you

will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written

response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate

information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account

to be provided forthwith. Given that this matter is now the subject of legal proceedings,

you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

I will be unable to respond to your claim without this information, and by failing to supply it

before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied

to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and

payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to

telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required

manual intervention by any person, I require disclosure of any indication or notes which have

either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with HFC Bank Ltd.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the

amount of the charge, a detailed financial breakdown of how the charge was calculated, and

what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their

registered office, their company number (if any) and what legal title they had to this debt,

and what credit license number they had at the time that the debt was purchased or entered into.

Please note, I will respond to your claim in full within 28 days of your providing this information.

I must advise you that if the information is not forthcoming, or if you start proceedings without

furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

Yours Faithfully,

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Hi Guys,

 

many thanks for the great advice and info. The one problem I have is that I have already replied to the citation and offered a time to pay directive. Will this affect my defence in anyway. I still believe from your info that TBI have an unenforceable situation as they do not have my correct details on file and I therefore have not...genuinely...received any correspondence from them at all.

 

Guidence would again be much appreciated

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Hi all,

update on current situation. I supplied relevent info to court on 27/12/07 and have not heard a word from anyone since that date..is this usual or is there a general time frame for corespondence between parties, or has the fact I wrote o the Sheriff informing him od the fact TBI did not have my correct contact details made this an unenforceable situation..........help as I am inn a state of limbo.

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Back again,

Recieved extract decree from TBi solicitors yesterday saying payment must commence 1 month from date of letter.

Can I still CCA them or does the decree make this impossible.

I still think this debt is SB'd but have I missed the boat on that as well.

 

help much appreciated.

 

Thanks

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