TBI Financial Demands.

[captinbash]

Hello, Some years ago (1998 I believe) I defaulted on a Beneficial Bank C.Card and was contacted by TBI who said the debt had been passed to them for collection, after some while I made a verbal agreement with one of their phone staff to make a payment of £5 monthly by standing order which has been paid without fault ever since 2000. They recently wrote to me asking for me to fill in a 'statement of income' saying that if I did not return it within seven working days they would consider further action against me under the terms of my credit agreement, Since I have never seen a copy of any agreement or received any statements from them I asked them to send me a copy (signed)of the agreement and statements of payments received from me to include any outstanding balance and also explaned that my situation had not changed and that I was still disabled for life with a very meagre income.

They have duly sent me a statement but the 'Copy of Agreement' they have sent is actually a scan/photocopy of my original Credit Card application with Beneficial Bank and shows no 'Terms' of my credit agreement with TBI (which I dont ever remember signing or receiving).

I had not received any correspondence from them in all the intervening years.

Your advice on how to proceed with this would be VERY welcome.

[PGH7447]

can you scan the agreement up on here, removing personal details first

[captinbash]

I Hope this helps! Its loaded as an attachment.

[IdaInFife]

it's too small,

 

can you try and upload it to photobucket then back on to here

 

 

ida x

[captinbash]

Cant seem to get it to post to here at a better size, sorry don't know what I am doing wrong, but try this.

Edited August 4, 2009 by captinbash

[PGH7447]

In my opinion it is unenforcable, it is missing the T&C's

[captinbash]

Thanks for that, I did notice that "The agreement sets out overleaf the terms on which we the bank will provide credit and banking services to you the customer and the conditionsof use relating to the issue of a beneficial visa card" but they have not sent me a copy of the reverse side of the application.

What should me my next course of action please?

Regardsto All

[PGH7447]

Send the account in dispute letter and stop all payments

[captinbash]

Ok, being a bit thick here, where do I find the ' account in dispute letter' please?

[PGH7447]

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

[captinbash]

Thanks again,

Here is the letter I sent to them originally:

Dear Sir.

With regard to your agreement number:

I too am disappointed that you have not responded to my previous letters asking for a copy of the above agreement, (which I have no recollection of ever signing) and statements showing my payments from the outset of this agreement.

Not once in all the many years that I have been paying (without default) have I received a statement showing payments or balances, in fact I have had no communication from you whatsoever.

I trust that you will remedy this situation forthwith.

My situation has not changed I am still disabled and will be for life my wife also is chronically sick, we have no income other than incapacity benefit and D.L.A. mobility component.

Yours Faithfully

Would this constitute a formal request for a true copy etc?

Regards

[captinbash]

Bump

[PGH7447]

No not really they would probably not even read past the first paragraph. you have to hit them with legislation

[captinbash]

When they replied they sent a statement showing payments and the 'Copy of the Signed Credit Agreement' that I posted earlier.

Should I send a CCA letter then?

Thanks

[PGH7447]

if they have sent you that thing above then that is all they have probably,

 

It is entirley down to you what letter to send next I can only advise, in my opinion I would stop all payments and send the letter posted earlier

[IdaInFife]

send the letter PGH kindly provided in post # 10

 

ida x

[captinbash]

Thanks to you PGH and ida, Thank you both very much, I'll send that one then. Just to be sure do I need to wait for 12 days to pass from the date of my original letter?

Regards

[IdaInFife]

you can send it now just changed a bit

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account will enter default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

ida x

[captinbash]

Sincere thanks for all help received so far, I was feeling very worried and lost for ideas on where to turn.

[captinbash]

bump

[captinbash]

Bump

[captinbash]

I have now received a reply to the Account in Dispute letter from T.B.I's in house solicitors saying the details have been passed to them.

They say because I did not make reference to the Consumer Credit Act or send the statutory £1 in my original letter, I was only sent a copy of the credit agreement (as posted previously) but they failed to enclose the T+C's. They have now sent a full copy of the credit agreement including the T+C's. (this is the same agreement as posted before).They cannot accept the account is in dispute or any of the other points made in the letter.

Any advice on how to proceed please?

Thanks.

[PGH7447]

sit back and wait, let them make the next move

[captinbash]

Ok, Thanks.

[captinbash]

I have heard from the in-house solicitors again stating that 'I have been provided with a true copy of my agreement as per section 77/78 of the consumer credit action 1974 and that as there has been no further contact from myself that it would appear that I do not believe that I have to repay the outstanding sums'. And 'they are not prepared to accept this situation and it would appear that legal proceedings will have to be instigated which will incur further costs and a claim for contractual interest both prior and subsequent to any judgement obtained'

They have given me seven days before ' the matter will be progressed without further reference'.

Your advice would be gratefully received please.