TBI Financial

[sploits]

Hi,

A few weeks ago I recieved a letter from TBI Financial regarding a debt of £500+. I was unsure about this so just ignored it. Then I recieved a letter from their Solicitor (which from the posts I have read many others have recieved the same letter).

I then decided I would write to them asking for the CCA. I done the standard letter (not signing it) and popped a £1 postal order in and sent it away on the 10th October 2008. It was signed for on the 13th October 2008. I heard nothing until I got a letter through yesterday from TBI with a copy of the agreement. It dates back to 8 years ago.

 

 

(I have blanked out all my details etc.)

 

Ok firstly it had my signature on it so they have me there. Secondly I dont really remember this at all but do remember the payment amount. I may of made about 3 payments (3 months) but I was only earning £45 a week (Youth Training Scheme) at the time so I couldnt afford the repayments (if I actually paid anything off at all) .

Thirdly with the agreement being in 2000 and with me maybe only paying 3 payments (if I actually did) that would mean the debt is 8 years old. Does this fall under the Statue Barred column? Or am I missing something?

 

Any advice would greatly be appreciated. Its not a huge amount but I refuse to pay low lifes like DCA's. Basically **** of the earth if you ask me

 

Thanks again

 

Thirdly

[42man]

In answer to your question if you have not made a payment for 6 years (5 in Scotland) or acknowledged it in that time then it will be barred by the statute of limitations act 1980 - I would send letter 'M' from here by recorded delivery - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Keep us posted if/as/when you hear back..

[sploits]

Thank you very much 42man. I will get it sorted and out in the post today.

 

Will keep you posted.

 

Thanks again

[sploits]

Ok update to what has happened. About a week ago i received a letter from TBI stating that they have on record that I had made a payment in 2004 on this account. They where waiting for the account statements to come through from HFC to prove this and they would forward it on to me. Yesterday I get a letter through from TBI with the following attached:

 

 

 

 

OK firstly this looks like anybody could of knocked this up. It doesn't seem to state where the money has been paid from. Did it come directly from my bank? Have I been paying it by cash over the counter somewhere? Did the magic money fairies start paying it for me???

Secondly Im guessing that they will say that the payments have came from my bank so should I go and get my past 6 years bank statements from the bank or should I send a letter to TBI asking where the payments have came from as I'm guessing they have just sat there with a calculator and made it all up.

 

It also states a default on the account in september of 2005 but when I check my credit file there is nothing there. No account and certainly no default floating around.

 

Where do I go now???

 

Thank you in advance

[PGH7447]

As you say, this could be knocked up by anybody, it is even on TBI letterheaded paper, it is not worth the ink they used, write back and thank them and ask for the original statements from HFC, failing that send HFC a SAR and get the statements from source

 

Also noticed that the card insurance box on the alledged agreement is a nice computer generated X and is not hand written, so if they push claim that back

[42man]

Check your statements to see if indeed these amounts were being paid out....if they weren't then this could possibly be fraud, I notice there are a few excessive charges too, that you could possibly reclaim + 8% compounded interest.

[PGH7447]

in fact they owe you in late fees £210 without any interest added and £150 in costs, grand total without interest = £360, add on the account cover of £37.92 and the 8% interest accumulated for each day and I would not be suprised if it comes out about even:D

[sploits]

Thank you PGH7447 & 42man. I am going to send them a letter asking for the original HFC statements. I will also go to the bank and ask for my statements from 2000 - 2004 (if they can go back that far).

 

I didn't realise I could claim back the late fees etc.

 

I will keep you all posted as to the outcome.

 

Again thank you for all your help

[sploits]

Hi,

 

well last night I have my bank statements waiting for me when I got home so I got my pen out and started looking through the statements. The dates and payments amounts are correct. I had been paying this thing off!!!! The payments where stopped in 2004 so I'm completely lost in what to do now!!!

 

Do i just cough up or is there something else that I can do ?????

 

[PGH7447]

Well now you send a claim to reclaim the charges as per post 7 and then see what is left over:)

[42man]

I would agree with PHG....it wil be very close - there is a good 8% compounded interest calculator here - Bank Charges: Reclaim them, they’re unlawful, inc. free template letters ...

[42man]

So for example the £15 late fee from December 2002 is now worth £22 to you !!!!....If it has come from a solicitor write to them and state that including the excessive penalty charges + 8% compounded interest, it may be that they owe you more than you owe them !!!

[sploits]

Thank you for your responses. Do I send a letter back to TBI. Sorry I'm just a bit frustrated here. I'm going to be more or less debt free come June next year (apart from my mortgage and my car loan). When I think I'm getting my head above water all this happens again !!!

[PGH7447]

Send them a letter with the breakdown of the charges you are reclaiming and interest shown, use the spreadsheet in the library

[sploits]

Spreadsheet in the Library?? You have lost me there (sorry for being so thick).

 

I'm right in just claiming back the late fees or do I need to claim back anything else??

 

Sorry for all the questions

[PGH7447]

Guide to reclaiming bank charges - Consumer Wiki

 

this will guide you

 

you reclaim anything they have added, late charges, default fees / imsurance if it was worthless, and 8% interest on the lot, from when the charge was applied

[sploits]

Ah right I am with you now. so I need to individually put every fee that I'm claiming back seperately into that claculator and I will end up with the final figure that I want to claim back. do I then send it to TBI? Do I say that it is the money I am claiming back from them in unlawful charges.

 

I really appreciate your help.

[sploits]

OK I have got the spreadsheet online and I have added my charges ETC. Does this look ok?

 

I will try and get on the net over the weekend to view comments etc but if not I will have a look Monday and get something sent off.

 

Hope you all have a trouble free weekend

charges.pdf

[PGH7447]

Looks well good they now owe you money

[sploits]

Hi,

 

So what will be the best way to word a letter back to them. Do I just do a basic letter saying that I want to claim my charges back from TBI and this is the breakdown? Or is the breakdown more for if it goes to court?

 

Thanks again

Edited December 8, 2008 by sploits

[sploits]

bump

[42man]

I would write them a short letter stating that you have now started the excessive charge reclaim process, and that you are making a formal demand for return of the monies in question. (send this to the solicitors) and start the process for the reclaiming....!!

[sploits]

OK can you give this a quick look over and tell me if this is the best thing to send (along with a copy of the spreadsheet with the charges on).

 

T.B.I. Financial Services Ltd

1st Floor,

The Robert Cort Building,

Elgar Road South,

Reading.

RG2 0DL

 

Dear Sir/Madam

 

Re:− Reference Number

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I have looked over the breakdown of account that you sent to me and I have noticed numerous charges on the account which are unlawful to common law. I have attached a breakdown of the unlawful charges in which I am claiming with this letter.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment

 

We look forward to your reply.

 

Yours faithfully

 

 

Thanks again

[sploits]

Well the letter went last night (recorded, signed for). So I guess its just a waiting game now for them to tell me some bull about how I cant claim back the unlawful charges.

 

I will keep you all posted

[sploits]

Well look what was waiting for me when I got home from work last night

 

I'm looking at this as good news

 

At least I will have a worry free Christmas without these clowns bothering me.

 

I will keep you all posted as and when I get the letters from these muppets (I'm guessing some idiotic response will come through next year).

 

Thank you for all your help so far. You have helped me through a difficult time

 

Until then all the best and have a sploitastic Christmas