tbi financial HFC2??

[hoopdub]

Hi there, i have received a letter from connaught collections uk ltd for a debt i have with TBI Financial Services Ltd - HFC2, i can only assume this is the same company as HFC bank, who i used to take out a loan in 2000. it was like a credit card but i had a £1000 limit i could draw on it, and pay a percentage back monthly. i defaulted on this in 2001, if i recall, to be quite honest, ive been through so much since, and only now getting my life back on track and i can honestly not remember or have any written details of this lone.

 

ive moved about a lot in the past 8-9 years, sometimes of no fixed address. ive finally got my act together, moving in with my future wife and am on the electroal register. ive registered with Experian, as i had more than one debt i had to sort out, and thought that was the best way to sort things. this debt was not on there, and being they are claiming over 5K id have thought it would be. even though i only had the !1K loan.

 

anyway, ive done a lot of reading different threads on here to try and find out what i should do. some lead me to think that this debt should be statute barred? possibly, and that i should send a request for a CCA. if i send a CCA will this void the possibility of it being SB?

 

funnily they give me 3 choices on the letter the first one being "ignore this letter" haha

2 "contact them and arrange payment"

3 "inform us of a valid reason for non payment"

 

so basically shal i send a CCA to them and see what exactly the deal is? any help will be greatfully appreciated and i will keep you all informed of any progress

 

regards

 

matt

[count orlok]

If you definitely haven't paid or acknowledged the loan in over 6 years, the fact that it is statute barred is a valid reason for non-payment.

[Bazooka Boo]

funnily they give me 3 choices on the letter the first one being "ignore this letter" haha

2 "contact them and arrange payment"

3 "inform us of a valid reason for non payment"

 

I wouldn't send them a CCA request, you really do need to try and remember when exactly the last time you A) either payed them, or B) acknowledged to them, in writing, that you did owe them the money?

 

If you are certain that it is more than six years, five in Scotland, that you have done neither, then you should send them the Statute Barred (SB) letter.

 

However firstly I would send them the general debt letter, that you Know nothing of the debt.

 

This will then put the onus on them to further prove any such debt you might owe, it is not up to you to prove that you don't owe the debt, and if they, sorry, when they fail to provide any evidence to the contrary, then you can tell them to go play on the motorway.

 

A CCA should only really be used if you know that you owe a debt and it has been passed from pillar to post, and it is quite likely that the DCA in question will not have the relevant paper work to produce or enforce collection.

[hoopdub]

thats excellent, thanks a lot for the advise. i definatly have not contacted anyone in writing or made a payment in over 6 years. i will send i Know nothing of the debt letter first and update this thread as and when anything happens. thanks again for your help

 

matt

[Bazooka Boo]

thats excellent, thanks a lot for the advise. i definatly have not contacted anyone in writing or made a payment in over 6 years. i will send i Know nothing of the debt letter first and update this thread as and when anything happens. thanks again for your help

 

Your Welcome. If they then reply with fire and brimstone then send them the SB letter, and ignore them!

 

Is there anything on your credit file, if that sort of thing worries you?

[hoopdub]

there were some debts on my credit file, but i have payed them off, only a few hundred pounds. this is quite substantial, and as it was not on my file i thought i better look deeper into it. im all for repaying my debts now, but obviously if i dont have to then im not going to, especially as the amount they are claiming is considerably more than i borrowed. what a difference in naivety a few years makes. but the past is now the past and as you can see im working to get my future sorted