Help - Tbi Financial Services !!!!

[cerberusalert]

Is that default notice exactly as it was sent or have you removed the creditors details?

[cerberusalert]

The DN could well be defective unless it was posted 1st class and they can prove it.

 

26th Nov 09 was a Thurs & postage is deemed to take 2 working days 1st class and 4 working days 2nd class... so if it was 2nd class you could not have received it before Wed 2nd Dec add 14 days to remedy and the remedy date should be 16th Dec 09. It would be 2 days short.

[talljay]

the default notice is as i have scanned they are no credtor details only the credit agreement number.

[cerberusalert]

 

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

Regulation 2(2)

 

Details of agreement

 

 

1

A description of the agreement sufficient to identify it.

 

 

Parties to agreement

 

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

relevant case law is this too...

 

DEFAULT NOTICE

 

 

The Need for a Default notice

• Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.
  

• It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant
  

• Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)
  

• Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974
  

• Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119
  

Nicked from another post, but covers all the points for a Default Notice

[talljay]

so the default notice is invalid???

[Guest Cartaphilus]

No wish to intrude as you are getting expert help but part of the reason I looked for the address of that solicitor (and couldn't find immediately or as you would think you would on Google anyway) was because I wondered if it would even be valid if it wasn't even sent from a 'genuine' address?

[cerberusalert]

It is invalid for these reasons alone;

1

A description of the agreement sufficient to identify it.

 

Also there's these little details they've omitted;

 

Parties to agreement

 

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Finally, there's the little matter of the dates if it was sent 2nd class.

Edited April 24, 2010 by cerberusalert

[Guest Cartaphilus]

Apart from those, yes. And the date it was sent, why I went to look for the address. But surely if no one can find the address - unless I am looking in the wrong places, but there again I put the whole address into google along with name - then how would that make such a thing even legal let alone a valid DN?

[cerberusalert]

They are not registered with the SRA either The Law Society - Find a solicitor

[cerberusalert]

Name: TBI Financial Services Ltd

Also Known As: TBI Ltd, TBI Limited, TBI Debt Collectors, TBI Reading, TBI Financial Ltd Reading, etc.

Address: 1st Floor The Robert Cort Building, Elgar Road South, Reading RG2 0DL

Telephone: 0118 9313800

Fax: 0118 9752296

Email: edgarktbi@aol.com is the email address given in DBSG. They use an AOL account: how's that for a great corporate image!!!

Extra Data: There doesn't appear to be any information on the operations of this lot, though they are mentioned in the consumer forums as being debt collectors for HFC (GM) credit cards.

[cerberusalert]

I think a complaint to the SRA is in order, they don't seem to be registered and it is indeed a criminal offence to impersonate a solicitor, also you should make a complaint to the Trading Standards, OFT, FSA and the ICO.

[cerberusalert]

Another odd thing, in their letter they state that 'HFC BANK sold, and assigned all their rights title and interest' on the 22nd Nov '07 yet miraculously HFC also served a DN two years later on 26th Nov '09 on an a/c they did not own.

[cerberusalert]

Company Profile Report (CPR)

 

Commercial Debt Management

Company Name: T.B.I. FINANCIAL SERVICES LTD.

 

 

 

Previous Name(s): NO PREVIOUS NAME HAS BEEN RECORDED DURING THE LAST 20 YEARS

 

Registered Number: 02916402

 

Registered Office: 1ST FLOOR

THE ROBERT CORT BUILDING

ELGAR ROAD SOUTH

READING

RG2 0DL

 

Incorporation Date: 07/04/1994

 

Country Of Origin: United Kingdom

Company Type: Private Limited Company

 

Accounting Reference Date: 30/04

Last Accounts Made Up To: 30/04/2009

Next Accounts Due: 31/01/2011

 

Last Annual Return: 24/03/2010

Next Annual Return Due: 21/04/2011

 

Company Status: Active

Type of Accounts: FULL Accounts

 

Nature Of Business: 6523 - Other financial intermediation

 

 

Filing History

 

 

25/03/2010 24/03/10 FULL LIST

25/03/10 STATEMENT OF CAPITAL;GBP 30

25/03/2010 DIRECTOR'S CHANGE OF PARTICULARS / DAVID FRANK DONALDSON JONES / 25/03/2010

25/03/2010 DIRECTOR'S CHANGE OF PARTICULARS / KEVIN HUGH EDGAR / 25/03/2010

10/08/2009 FULL ACCOUNTS MADE UP TO 30/04/09

27/03/2009 RETURN MADE UP TO 24/03/09; FULL LIST OF MEMBERS

25/09/2008 FULL ACCOUNTS MADE UP TO 30/04/08

04/04/2008 RETURN MADE UP TO 24/03/08; FULL LIST OF MEMBERS

21/08/2007 FULL ACCOUNTS MADE UP TO 30/04/07

27/03/2007 RETURN MADE UP TO 24/03/07; FULL LIST OF MEMBERS

05/01/2007 DECLARATION OF SATISFACTION OF MORTGAGE/CHARGE

20/11/2006 FULL ACCOUNTS MADE UP TO 30/04/06

19/09/2006 SECRETARY'S PARTICULARS CHANGED;DIRECTOR'S PARTICULARS CHANGED

27/03/2006 RETURN MADE UP TO 24/03/06; FULL LIST OF MEMBERS

24/03/2006 DIRECTOR'S PARTICULARS CHANGED

21/07/2005 FULL ACCOUNTS MADE UP TO 30/04/05

30/03/2005 RETURN MADE UP TO 24/03/05; FULL LIST OF MEMBERS

08/07/2004 FULL ACCOUNTS MADE UP TO 30/04/04

30/03/2004 RETURN MADE UP TO 24/03/04; FULL LIST OF MEMBERS

18/07/2003 FULL ACCOUNTS MADE UP TO 30/04/03

28/03/2003 RETURN MADE UP TO 24/03/03; FULL LIST OF MEMBERS

12/08/2002 FULL ACCOUNTS MADE UP TO 30/04/02

11/06/2002 AUDITOR'S RESIGNATION

02/04/2002 RETURN MADE UP TO 24/03/02; FULL LIST OF MEMBERS

DIRECTOR'S PARTICULARS CHANGED

06/11/2001 FULL ACCOUNTS MADE UP TO 30/04/01

05/04/2001 RETURN MADE UP TO 24/03/01; FULL LIST OF MEMBERS

16/11/2000 DIRECTOR RESIGNED

10/08/2000 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/00

13/04/2000 RETURN MADE UP TO 24/03/00; FULL LIST OF MEMBERS

SECRETARY'S PARTICULARS CHANGED;DIRECTOR'S PARTICULARS CHANGED

19/08/1999 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/99

23/06/1999 DIRECTOR RESIGNED

21/05/1999 NEW DIRECTOR APPOINTED

21/04/1999 P.O.S 30 £1 SH 06/04/99

21/04/1999 £ IC 60/30

06/04/99

£ SR 30@1=30

01/04/1999 RETURN MADE UP TO 24/03/99; FULL LIST OF MEMBERS

31/03/1999 DIRECTOR RESIGNED

31/03/1999 NEW DIRECTOR APPOINTED

09/09/1998 NEW DIRECTOR APPOINTED

31/07/1998 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/98

14/04/1998 RETURN MADE UP TO 07/04/98; FULL LIST OF MEMBERS

DIRECTOR'S PARTICULARS CHANGED

28/08/1997 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/97

27/05/1997 RETURN MADE UP TO 07/04/97; FULL LIST OF MEMBERS

DIRECTOR'S PARTICULARS CHANGED

09/01/1997 PARTICULARS OF MORTGAGE/CHARGE

21/11/1996 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/96

31/03/1996 RETURN MADE UP TO 07/04/96; NO CHANGE OF MEMBERS

15/03/1996 DECLARATION OF SATISFACTION OF MORTGAGE/CHARGE

11/08/1995 ACCOUNTS FOR 'SMALL' CO. MADE UP TO 30/04/95

27/04/1995 RETURN MADE UP TO 07/04/95; FULL LIST OF MEMBERS

21/12/1994 NEW DIRECTOR APPOINTED

25/05/1994 REGISTERED OFFICE CHANGED ON 25/05/94 FROM:

G OFFICE CHANGED 25/05/94

10 MALDON CLOSE

WESTCOTE ROAD

READING

BERKS RG3 2DH

12/05/1994 PARTICULARS OF MORTGAGE/CHARGE

11/05/1994 PARTICULARS OF MORTGAGE/CHARGE

15/04/1994 SECRETARY RESIGNED

07/04/1994 INCORPORATION DOCUMENTS

CERTIFICATE OF INCORPORATION

STATEMENT OF DIRECTORS & REGISTERED OFFICE

DECLARATION OF COMPLIANCE

MEMORANDUM OF ASSOCIATION

ARTICLES OF ASSOCIATION

 

 

Mortgages

 

No. Mortgage Charges: 3

Mortgage Charges Outstanding: 1

Mortgage Charges Part Satisfied: 0

Mortgage Charges Satisfied: 2

 

 

Charge No: 3

Creation Date: 03/01/1997

Registered: 09/01/1997

Satisfied: Outstanding

Description: DEBENTURE

Person(s) Entitled To Charge: THE GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND

[cerberusalert]

Find a solicitor Details:

 

JONES, DAVID FRANK DONALDSON - Employee

 

ID: 81461

 

Admission Date: 01/07/1980

 

Higher Rights of Audience: No

 

Registered Foreign Lawyer: No

 

Registered European Lawyer: No

 

Exempt European Lawyer: No

 

Insolvency Practitioner: No

 

Address: T B I FINANCIAL SERVICES LTD

1st floor

The Robert Cort Building

READING

BERKSHIRE

RG2 0DL

ENGLAND

 

Telephone Number: 0118 931 3800

 

Areas of law:

Business affairs

Civil litigation

Debt and money advice

 

 

 

Find a solicitor Details:

 

BIRCH, LOUISE - Assistant

 

ID: 314114

 

Admission Date: 01/04/2008

 

Higher Rights of Audience: No

 

Registered Foreign Lawyer: No

 

Registered European Lawyer: No

 

Exempt European Lawyer: No

 

Insolvency Practitioner: No

 

Address: T B I FINANCIAL SERVICES LTD

1st floor

The Robert Cort Building

READING

BERKSHIRE

RG2 0DL

ENGLAND

 

Telephone Number: 0118 931 3800

 

Areas of law:

Business affairs

Civil litigation

Debt and money advice

Personal injury

[cerberusalert]

So we have a debt collection company called TBI Financial Services Ltd who's director is called JONES, DAVID FRANK DONALDSON who employs a solicitor called JONES, DAVID FRANK DONALDSON according to details provided by the Solicitors Regulatory Authority. TBI Financial Services Ltd send a letter demanding payment from a solicitors firm called David Jones Solicitors who are not a firm registered with the SRA or Companies House enclosing a defective default notice which they claim was issued by the original creditor dated 26th Nov '09 yet by their own admission 'HFC BANK sold, and assigned all their rights title and interest' on the 22nd Nov '07 two years previously.

Edited April 25, 2010 by cerberusalert

[citizenB]

so the default notice is invalid???

 

So we have a debt collection company called TBI Financial Services Ltd who's director is called JONES, DAVID FRANK DONALDSON who employs a solicitor called JONES, DAVID FRANK DONALDSON according to details provided by the Solicitors Regulatory Authority. TBI Financial Services Ltd send a letter demanding payment from a solicitors firm called David Jones Solicitors who are not a firm registered with the SRA or Companies House enclosing a defective default notice which they claim was issued by the original creditor dated 26th Nov '09 yet by their own admission 'HFC BANK sold, and assigned all their rights title and interest' on the 22nd Nov '07 two years previously.

 

 

Yes, this seems extremely dodgy doesnt it.

 

In addition to what Cerb has posted, I am assuming you have not received a Notice of Assignment from TBI. ?

 

My intial thoughts are to respond to the letter as follows:

 

Dear Sirs

 

Their Ref No:

 

I acknowledge no debt to any company you claim to represent

 

I am in receipt of your letter dated (DATE OF LETTER).

 

You claim that your client, T.B.I. Financial Services Ltd are the assignees of an account from HFC Bank Plc and my response is as follows:

 

a) I have no knowledge of any outstanding debt with HFC Bank Ltd

b) At no time have I been advised of any assignment of any account to your client.

 

Your client has already been advised by me that I have no knowledge of any outstanding account they are attempting to collect on and enclose a copy of my letter dated (DATE YOU SENT THE PROVE IT LETTER ).

 

Should I hear from either yourselves or your client again on this matter, I will be making an official complaint to the Office of Fair Trading in respect of your client and to the Solicitor's Regulation Authority in respect of you.

 

Please be aware that any litigation action you take will be defended vigorously.

 

Yours faithfully

 

 

Enclosed

 

 

I will ask one or two other CAGers to pop in and see if they have anything to add.

Edited April 25, 2010 by citizenB

[citizenB]

Also, one of the site team has posted 2 thread links for you to have a look at.

 

TBI Financial Services **WON IN COURT** - Page 3‎ - 20 posts - 4 Sep 2008

TBI Financial Services **WON IN COURT**‎ - 20 posts - 15 Jun 2007

[talljay]

Thanks so much for your help so far on this guys - its brilliant .... So my next course of action would be to send a recorded delivery letter outlining that the default notice is invalid/defective for the reason that the following details are missing as per guidelines set out by s87 (1) Consumer Credit act 1974

Details of agreement

1

A description of the agreement sufficient to identify it.

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Also pointing out that the default notice did not give me 14 days notice and that they claim the default notice was issued from the original creditor dated 26nov 09 even though by your own admission 'HFC BANK sold, and assigned all their rights title and interest

' on the 22nd Nov 07 - two years previously.

 

Moreover as they have issued a defective default notice the alleged debt becomes unrecoverable .

 

Am i correct ?? Also should I point out the interest rate variation, the additional 275 added etc or just leave that out and concentrate in the defective default notice

 

CHEERS JAY

[foolishgirl]

.... So my next course of action would be to send a recorded delivery letter outlining that the default notice is invalid/defective ....

 

 

Whoa!!

 

That wouldn't be my next step, talljay. I would send the letter CB has posted above - much more appropriate.

 

Let them take further steps (if they dare!) before you go firing off defensive letters re. DNs & CCA etc. The more you engage with these people, the more you get drawn in. Leave it nice & simple. You've denied knowledge of the debt, it's up to them to provide proof if they want to take it further.

 

Hopefully you will have seen them off, if not you have all the ammo you need to fully defend this in court & you can do it on behalf of your father. Just make sure he sends you anything at all to do with the issue without delay.

 

BTW if he is being harassed with phone calls etc.from TBI there are ways to stop it. If he isn't make sure that neither you nor he contact them by phone - keep it all in writing.

[vjohn82]

It is not your job to inform this creditor of any failings with the paperwork because it is generally meaningless outside of the court room.

 

Put them to strict proof of the debt, deny ownership etc.

[talljay]

surely they can prove ownership of the debt as they have a signed CCA - would it not be better to settle the matter out of court by proving to them that would have no case inside of a court room and therfore would be wasting their time as they would lose????

[vjohn82]

I thought this was close to being statute barred?

[talljay]

It is - last payment in statement of account is 19th July 04

[vjohn82]

Drag it out until then... if you admit anything now then the 6 year clock is rest

[foolishgirl]

... would it not be better to settle the matter out of court by proving to them that would have no case inside of a court room and therfore would be wasting their time as they would lose????

 

Do you think they would listen???!

 

If you do, you have obviously not been reading this forum.

 

Just because they have a signed agreement does not mean they have any legal entitlement to it or that it is legally enforceable.

 

You have already stated that there seem to be unexplained sums attributed to the account so how easy is it going to be to prove how much (if anything!) is owed. And TBI won't tell you, they'll hang out for as much as they can string you along for.

 

Send CB's letter, do as VJ says & do not acknowledge the debt under any circumstances or you will face the consequences!