12 Year Old Debts

[The GodMother]

I'd be tempted to go the CCA and S.A.R - (Subject Access Request) route, at least then you'll know where you stand. I don't suppose you have it in writing re the frozen interest? At the end of the day if they cannot produce a CCA they don't have a leg to stand on anyway

 

Good question there.

 

Do u have in writing that they were going to freeze the interest because i dont think they can charge you the interest if you have in writing the interest is frozen.

 

Also do u have the original paperwork for this debt?

[TJ.Daws]

Ok,

 

I had a look at the old paperwork and the letter from HFC agrees to freeze the interest for the period of the scheduled payments. However it also says that it would need to be reviewed after six months....needless to say we're about nine and a half years late.

 

Also can I just clarify that I send the S.A.R and CCA to HFC or TBI (the DCA) I have no idea what adress I would send it to for the HFC would it be their Head Office? Also if I send it to HFC should I contact TBI and let them know thats what I am in the process of?

 

TJ x

[TJ.Daws]

I have absolutley no original paperwork just the CAB letters and their replies.

[The GodMother]

Rite well hear goes.

 

SAR to the OC which is HFC.

 

CCA TFI.

 

All thought you do have a catch there.

 

How long have TFI had the account and have they personally applied any charges?

[TJ.Daws]

When I started this thread it was the first time I had ever even heard of them. I don't know how long they have had the account or if they applied any charges.

 

Should I ask for all this information when I write requesting the CCA?

[The GodMother]

No it is a seperate matter all together. You should have had a letter saying when they obtained the debt from the OCbefore they erote to you. Somethimes u will get the DCA write to u saying something ike this

 

On the first of january 2008 we aquired this debt from abc credit solutions. As of the above date all payments need to be made to use and all correspondence needs to be made to us.

[TJ.Daws]

Ok I've sent of my CCA request to TBI on the 10th May for both accounts. They wrote back to me on the 13th saying a problem had arisen and it was imperative we contact them on the phone number supplied immediately (Yeah..right) I wrote back on the 15th saying that I hoped that the problem that had arisen would not delay providing me with a copy of the CCA within 12 days (re Credit Act blah blah) and that we did not discuss financial matters over the phone (so obviously a ploy to get our telephone number) Another letter has since turned up saying that they have requested the agreements from HFC archives and will forward a copy as soon as they have received them. How long do I have to wait before I can basically say they haven't provided the details within the time frame and therefore its not an enforceable agreement???? Help

[Goldlady]

Hi TJ - well they have 12 days plus 30 to provide the agreement before they are in default of your request and cannot pursue it further. However if at some future date someone finds your agreement in the back of a filing cabinet they can recommence collection activities. Somewhat unlikely but that's the way it is. Unless it is more than six years since you last paid or acknowledged the debt.

 

With the ones I have lost along the way I have had letters similar to the one you have just received and then another letter saying they have found nothing and I will not hear from them again, with others the last letter I received was similar to yours - and I have not heard another word for at least 18 months.

 

Wait and see is what you need to do. If they don't comply within the 12 days plus one month you can stop paying - if you haven't already.

[TJ.Daws]

Ok Thanks for all your help. I'm crossing everything although knowing my luck they'll turn them up. If they do I'll then go down the S.A.R route as I totally disagree with the figures anyway and |I have a feeling there may have been PPI added as well. So I guess its a waitning game.....de ja vu??? I've just under 5k bank claim stayed at the mo as well!!!