TBI/HFC CLAIM FORM RECEIVED on SB'ed debt

[blue-fish]

Hi everyone,

 

I'm new to the site and would really appreciate some help and advice please?

 

My partner and I have been together for 5 years, he divorced his wife 7 years ago (v. acrimonius) and we have lived at this address for 4 years.

 

We started receiving letters addressed to him from TBI Financial last week, regarding a credit agreement he has no recollection of.

 

His ex-wife was a bit of a catalogue junkie and he was still paying off her bills up to the divorce when she claimed bankruptcy, he paid about £2000 off and they signed a clean break order.

 

He just assumed it was to do with her and put it to one side to forward on to her.

 

Until today when he received a phone call at work from these people (he is a fireman so isn't allowed personal calls at work)

with some guy threatening all sorts of action for ignoring their letters,

and told him that the original debt was for "around 6 grand".

 

He explained he was at work (turns out they'd tried yesterday but they were out at a fire) and told the guy to put stuff in writing,

but told him we knew nothing about it.

 

he called me to open these letters, and for a "6 grand loan" we are being chased for .... £27,504.40.

 

They are demanding payment in full within 28 days and have enclosed a default notice with a credit agreement number,

nothing to say who the original debt was with, or when it was taken out.

 

They are threatening County Court proceedings for recovery of the full amount which, surprisingly, we dont have!

 

If it was his ex-wife, it would have been from over 7 years ago, and quite possibly without his knowledge

(forging of signatures, another story but nothing we could prove as they were at the same address).

 

 

I'm at a loss to know what to do, we have no other debts,

no CCJ's (I've checked on several websites as we're hoping to get a mortgage next year)

and this would set us back so far.

 

Can they still chase him for it even if it was his ex-wife?

 

Many hopeful thanks in advance......

[dx100uk]

no ofcourse they cant

 

simplilst thing to do is to check his CRA file

 

if thats clear

then tell them to get stuffed

 

oh and you REALLY need to stay off the phone

 

NEVER EVER speak about your debts on the phone

 

NO DCA has any legal powers at all.

 

as dfor the work calls

you NEED to complaint to your local TS/OFT

 

NOT allowed.

 

they can do NOTHING TO YOU

 

PS TBI usually chase old HFC cards/loans

 

dx

[blue-fish]

Thanks dx, sorry to sound dim but is CRA people like Equifax etc?

 

He has no CCJ's or defaults,

yet stapled to the back of one of the letters was a default notice with a Credit Agreement number and a warning that we will be chased for the full amount...

 

Just seems strange that it's been so long before they mention County Court?

It's clearly an old debt,

i thought that if a debt was defaulted on,

a CCJ would be pretty soon after!

 

I agree about not speaking to them over the phone but as they rang the main station office,

he was caught a bit by surprise, it's not like he's avoided any calls!

 

He just asked them to put stuff in writing which was a bit tricky as the station manager was in the office with him.

 

He's had the same mobile number since I've known him and he's only been at this station for 2 years so we don't know how they got hold of the number...

 

again, the ex-wife springs to mind, but we've no proof

[dx100uk]

yes people like...

 

do NOTHING bar complain to OFT/TS till you see his file

 

dx

[blue-fish]

just gone online with creditexpert and its all clear, the only stuff showing up was from 2004 when he was still with the ex-demon, it's a store card with Lowell which states "defaulted" but "satisfied", all the addresses and electoral roll stuff is up to date as well... should i write to them?

[twofoot]

They need telling to take a long run and jump over a big cliff or maybe suck a bomb and die happy. You could be realistic and send the prove it letter from our templates library. If you do that make sure it requests a full statement of account. Don't waste a pound on a CCA request. Sounds like you have nothing to worry about. Like it's been said they have no clout whatsoever other than trying to stress you up and start paying. Don't let it bother you they are all hot air.

[dx100uk]

quite honestly i'd get the station commander to give them a rocket on the phone!

 

trying to spoof a firefighter out of money he does not owe...

 

sadly typical link i'm afraid.

 

dx

[blue-fish]

Following on from my post a few days ago,

 

my partner is being chased for a debt which he has no recollection of,

the company writing to him are TBI Financial and the amount is £27,504.

 

We have checked his credit ref files and the only thing on there is a debt of £125

which was due to an old bank account not being closed properly and it is being sorted.

 

There are no defaults, no CCJ's, no agreements at all and they have all his addresses dating back 20 years.

 

We think it is from during his previous marriage which ended in 2005, there has been no contact from this company before.

 

They called his work twice last week and were told to 'bugger off' (it's a fire station so no personal calls allowed)

but we've had a letter from them today referring to 'our aforementioned telephone conversation' and asking for a breakdown of income and expenditure.

 

He suspects that the ex-wife had a small loan (around £6000) and it's from this?

 

Do we have to give them any info?

 

Am I correct in thinking that if it doesn't show on his credit report (we checked experian and callcredit) we dont have to pay?

Not that we could anyway!

 

They are going to keep writing so is there anything we can send them to put a stop to this?

[t_k]

If the debt is genuinely not his then tell them to go foxtrot oscar and report them to the authorities if they refuse.

They have no legal power to an i & e off you, only a court has this power.

Even if the debt was his, if no payment has been made on it for 6 years from today then it would be stat barred anyway.

[blue-fish]

thanks t_k, we suspect that the ex has something to do with it but she declared herself bankrupt a year after the split (loads of cc and cat debts)

so we're thinking they might just be trying their luck..

 

. the other scenario is that she 'falsified' the application (one of many),

but nothing we could prove.

 

Also forgot to say that they have sent out what looks like a default notice dated a few days ago?

Are DCA's allowed to do this?

I thought only the original creditor could do this and since it's not showing up on his credit report, it can't be valid?

 

I say 'looks like' a default notice as it looks like a photocopy, there's no reference numbers on it and there's just something about it which seems 'off'.....

[firstship]

Hi.TBI are debt purchasers and debt collectors,it is not sufficient for them to say you owe £xxxxxxx without telling you who the debt is with,

or whether they have purchased the debt,

choices are ignore them,

or write to them and state you have never heard of their company

,and allegations they are making are unsubstantiated in any shape or form,and should they persist you will contact the relevant authorities.

 

You DO NOT GIVE THEM ANY INFORMATION it is up to them to prove you owe the money,

 

Where any of your EXs debts in joint names.?????

 

Can you post up the Default Notice after removing all personal info?????

 

Regards FS

[blue-fish]

My partner has been receiving demands for an old debt - I have posted the basics here. They have telephoned him at work several times and write at least once a week. It was taken out while he was still married and his ex did all the paperwork for the divorce - he wasn't in a good place at that time so I suspect he just let her get on with it.

 

We've been together over 4 years and this is the first communication he has had - we've checked his credit file as we're trying to save for a mortgage and the only thing showing is from Santander, an account wasn't closed properly and is being dealt with.

 

 

I've uploaded their copy of a credit agreement, their version of a default notice and todays' letter from a solicitor. He hasnt had any communication with this company before and was divorced in 2005 so any agreement would have been before that - he's never had any credit of any sort since as he hasn't applied for any.

 

Any advice over our next move would be greatly appreciated, thank you.

credit.rtf

debt3(1).pdf

debt1(1).pdf

debt2.pdf

Edited February 1, 2012 by blue-fish
changed attachements

[citizenB]

If no payments or acknowledge of liability has been made for 6 years, then the debt will be statute barred. You say that it doesnt show on your credit files, so I think you could safely say it already is SB'd

[citizenB]

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[blue-fish]

just looked and the date on the default notice they've sent is 15 Sept 2011.... surely this would have shown up on his credit report?

[citizenB]

Nope, it would have dropped off the file in May/2011 if your original dates are correct.. 6 years from the first missed payment.

 

You will find a statute barred draft letter in the CAG library, linked at the top of each screen.. send that to the solicitor

[citizenB]

Once you have scanned in the DN we can let you have more advice.. but it seems to me that they are trying a spoof on you.

 

A default notice is usually issued around 3 - 6 months after missed payments.. Do you know who the original creditor was ?

[blue-fish]

the name on the credit agreement is HFC bank Limited... Just trying to convert docs now

[citizenB]

Aha..HFC.. oh dear..

[dx100uk]

oh my favourite pairing

thought it was TBI & an old HFC debt

they love trying to fleece people on these!

 

incidently

you need to put the cra file up as a JPG then convert it to PDF like the rest.

rtf will show the owner under properties

 

and the agreement show two previous loan numbers you need to ditch those too!

 

however, from that there might be good news...

i notice there is no PPI on this dead loan

but disd the other two rollover loans have PPI do you think?

if they did

there could be a nice windfall coming your way.

 

anyhow the matter in hand

 

that debt is dead buried a parrot!

 

sadly TBI are well known for trying to pull this stunt and spoof people into paying debts that are SB'ed!

 

dx

[blue-fish]

Thank you for your help dx.. so basically the solicitors' letter threatening to go via his employers for an attachment of earnings is just a load of hot air? I found it strange that there's such a big gap between the original loan and the default notice being issued, can they re-issue one after a set period of time or is it a case of, once it's gone - it's gone? Sorry if it's a daft question but i've never dealt with this before!

[dx100uk]

a dn typically must be issued with 6mts of the cause of action - i'e missed payment

 

i pers think you should take this to the OFT &/or TS via the comsumerdirectsite

 

they know EXACTLY what they are doing

they are trying to spoof you into believing the debt cannot be SB'ed as a current DN has been issued

 

sadly the sb date goes from the last financial transaction.

 

an no again the threat of an attachment is garbage too and need reporting as well.

 

they CANNOT do that even if it were a live debt, only a cOURT can do that.

 

safe to say you owe nowt

 

but what about those two old accounts any PPI?

 

dx

[citizenB]

It looks to me as though they have really done things a$$ about face.

 

They have issued a DN in their own name in 2011

 

Their letter dated January 2012 appears to be the first indication that they have notified you of any assignment - which apparently took place in 2007, according to them.

 

I would have thought if no payments had been made to the account prior to the assignment then the original creditor would have issued a DN and that you would have been informed of the Assignment a lot sooner.

 

So, if this turns nasty, which I cant see that it will if the account is statute barred, the questions to be asked would be..

 

If no payments since 2005 when HFC had the account - why did they not issue a Default Notice

Why were you not advised of the assignment which according to TBI took place in 2007

Why did they then wait nearly 5 years before issuing a Default Notice

 

As already advised, they cannot even think of going for an attachment of earnings until and unless they have issued a claim and won their claim. The fact that this is statute barred is a defence in itself.

 

So.. send the statute barred letter from the CAG library, linked at the top of each screen

[citizenB]

This is also backed up by the fact that there is no mention of this account on your credit files - reporting of defaults only lasts for 6 years .. so it looks to be well gone.

[blue-fish]

My partner has been getting letters from TBI Financial recently over a debt that they purchased from HFC.

 

It was to do with his ex-wife, the original loan was signed for on 12/05/05 and it was a consolidation loan, total amount £27,368.88.

 

He lost pretty much everything in the divorce which was early 2006 and doesn't really remember what happened with this loan, but has had no contact with them since that time.

 

His profile on CreditExpert is clear, all his addresses are up-to-date etc so he hasn't been 'hiding'.

 

The letter we received today states that a claim has been filed in West London County Court,

the claimant expects to reclaim more that £15,000 and with costs,

the total amount due is £28,818.12.

 

In the particulars of the claim, the key points are -

 

Loan agreement signed on 12 May 2005.

HFC assigned debt to TBI on 22 Nov 2007,

notice assigned to defendant on 11 July 2011.

 

Last payment received against the debt was 30 August 2006 for £8.16 (there is no proof of this given)

 

Default Notice issued on 15 Sept 2011 demanding payment within 14 days

 

Claimant claims the sum of £27,504 plus interest of £818.72 for the period 1st October 2011 to 13 February 2012

 

We need to reply with the forms saying whether he agrees to the debt,

needs more time to pay or is filing a defence or counterclaim.

 

My query is mainly the timescales involved,

surely a default notice has to be issued sooner?

 

If a Default notice was issued back in 2005/6,

can they issue another one now?

 

For the record, i don't think we have actually had a DN from them,

 

just the usual letters and a few phone calls at my partners' place of work,

but i'll need to double check.

 

There are several 'searches' recorded on CreditExpert by TBI over the last few years

and all the addresses shown are correct so they could have contacted us a lot sooner?

 

The letters we've been receiving are all of the type 'call now for a 50% discount off your debts if you pay now' type of letter,

and as there is nothing on his credit report,

we ignored them. Any advice is very gratefully received!