Tbi Financial Services

[talljay]

HI, i am new to this site just hopeing someone can help me regarding above company i am dealing with my dads debts as he has had a stroke. recieved a letter from above company stating my dad owed them 710.39 - i spoke to them on phone and they told me it was for a tv from dixons. i sent the cca request letter to which they have returned a copy of a loan agreement with hfc and dixons which is for a satellite box and package at a cost of 298.99 - this agreement is dated 21st nov 1998 - so i sent them a statute barred letter as this is over the six year period - they have now sent me a letter saying there was a payment on the account on the 19th july 2004 for the sum of £30. as you can tell the figures just dont add up i am lost as to what to do next - they have also stated on letter a statement of account has been requested from HFC and they will post to me once recieved. the original debt in 1998 was for 298 - they are claiming 710.39 but have admitted payments were made ? i cannot get any info from my dad as too old CAN ANYONE HELP PLEASE - (the loan agrrement states 48 payments of 11.21???

[cashins]

Hi and welcome

 

so i sent them a statute barred letter as this is over the six year period - they have now sent me a letter saying there was a payment on the account on the 19th july 2004 for the sum of £30.

 

If the date is correct debt will become stat barred 19th July 2010 - which is why their interest.

 

TBI are a debt buyer and they bought this for peanuts as it will soon be stat barred. The figures don't add up because very simply, they have added what they like to it in the hope you will pay.

 

Don't talk to them on the phone by the way, they may well lie to you.

 

Can you post the agreement up, (less personal details)?

 

David

[talljay]

im just poppin round my mothers as she has a scanner to post the agreement... - Hopefully - thanks for your help so far

[talljay]

attached i hope

[accesspwd]

im surprised they even have this from 1998, but more to the point they actually do have a copy

 

You could try delaying them for 6 months until it does become SB, try sending them the 'account in dispute' letter.

 

See what they come back with, this also buying yourself more time

[cashins]

On the agreement, it's to small to read - could you try again, (try putting it through photobucket if it's a problem).

 

What other paperwork do you have your end, possibly a default notice , a notice of assignment, copy of terms and conditions?

 

David

[talljay]

cheers - i dont have any other documentation - just the cca and three letters from tbi - i cant seem to enlarge the jpeg image??

[cashins]

just the cca and three letters from tbi - i cant seem to enlarge the jpeg image??

 

You may find it easier to post it onto a free hosting site and transfer it from there.

 

just the cca and three letters from tbi

 

Is one of the letters a Notice of Assignment?

 

Something from your 1st post: how badly has your father been affected by the stroke?

 

David

[talljay]

cheers -

 

there is no notice of assignment - just threatening letters re we will send round doorstep collection agents etc - the usual . my dad is unable to sort these probs out as he is in a home now cant walk etc very bad stroke.

[talljay]

attached into word

[cashins]

there is no notice of assignment

 

That would give them a problem if they issued court proceedings at the moment, although they could retart and have another go later.

 

my dad is unable to sort these probs out as he is in a home now cant walk etc very bad stroke.

 

That could have an impact on the way this is handled.

 

I am going to ask one of the site team to look in with a view on that.

 

David

[ukaviator]

The Office of Fair Trading (OFT) has issued Debt Collection guidance which looks at whether a debt is being collected fairly. They say:

 

It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.

 

The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.

 

It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.

 

It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.

 

If the creditor has been to court and there is a County Court Judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the County Court Judgment will still exist. However, the creditor may not be able to enforce the Judgment without the court's permission if the Judgment is over six years old.

 

For the amount to be now over £700 means there are charges added to the account. These can be claimed back if they are found to be extortionate, £25 for a letter for instance. Do you know if there was a CCJ issued some time back?

Edited February 12, 2010 by ukaviator

[sploits]

I had a similar problem with TBI. I firstly went to my bank and got bank statements for the time TBI said a payment was made. OK they had me on that one and I had made a payment. But then I got the statement of account and put down all the charges that were unfairly added. I supposedly owed them £540 but I worked out that I needed £561 back in charges. I asked them for the 20 quid difference and got a letter back saying they were closing their file. Never did get me 20 smackers off them though