TBI/HFC CLAIM FORM RECEIVED on SB'ed debt

[MandM]

Hi blue-fish.

 

You need to complete Acknowledgement of Service and 'defend all' if that's the way you're going. You have 5 days (service) plus 14 days from the date on the claim form to do this and a further 14 days to submit a defence.

 

TBI can be rather underhand with their tactics - plenty of threads on here that demonstrate that. £8.16 is a rather strange amount. Could it be a payment that HFC 'applied' rather than one your OH made I wonder? SAR to HFC. I think their address is ,,,,,

 

The Data Controller

HFC Bank, Head Office

North Street

Winkfield

Windsor

Berkshire

SL4 4TD Hopefully someone can confirm if this address is still current

 

CPR 31.14 to the Sols. Now, AFAIK you can request all docs referred to on the POCs in your 31.14 request. Therefore, you can ask for confirmation/evidence of the £8.16 that was supposedly paid. I'm suspicious of this as your dates are borderline statute barred. Let's see if what they come up with matches what HFC have on file for you.

 

I'm sure others will make further suggestions (always a bit quiet weekends ) so provided that you're not at the latter end of the 19 days I'd hang in there for further views.

 

Mike

[ims21]

bump

 

Hi

 

What are we bumping for please....MandM has given a response.

 

I have to agree...£8.16 is a very odd amount.

 

Also if this is not on your CRA file and you are receiving discount letters then something is not right. Probably loads of charges or SB

 

Get that SAR done ASAP

 

ims

[blue-fish]

I bumped as MandM suggested getting further advice and informed me that the weekends were quiet on the boards... I have got the paperwork ready to do a SAR but wondered also about the timings of the default notices and notice of assignment being allegedly sent.. they allege the last payment was made in 2006 yet didn't issue a DN until 2011? Just wanted to know if there was a certain timeframe for these to be sent?

[ims21]

Ok I see

 

I'll see if I can get some help for you

 

ims

[dx100uk]

ok this is the third old SB'ed TBI /HFC claim recently

 

TBI are trying to get this in through the back door undefended.

and get a default judgement.

 

i'll post the threads with what to do i sec

 

can i just clarify something

 

the original HFC loan WAS in his name only?

 

as for the refinancing too etc

 

you need to urgently get an SAR off to HFC.

 

others will deal with the court side..but just ack the debt and defend in full

use the SB defence i would think.

 

dx

[blue-fish]

Yes it was all in his name. Just reading back on my original post... Surely HFC should have issued a DN back in 2007? How can they sell a debt on to TBI as without a DN, surely there's no legal debt? And they didn't send a notice of assignment until 4 years after they'd bought the debt? Checked his CRA and it's clear...

[dx100uk]

5 threads merged

keep to ONE THREAD per debt.

 

title updated

 

dx

[blue-fish]

sorry i didnt know how to merge.. many thanks

[citizenB]

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'.

 

 

Particulars of Claim

 

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. I am assuming you are going to defend - in which case you need to send that part back to the ISSUING COURT and not the solicitor

 

My query is mainly the timescales involved,

surely a default notice has to be issued sooner? - For the moment dont concern yourself with this.. you will get bogged down with things that are irrelevant at this stage

 

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

can they issue another one now? - Not to my knowledge. We will think about this later for the moment - keep on track and send out the CPR31.14

 

 

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? - Can you take screen shots of this page of your Credit file

 

 

 

 

Ok, this will be assigned to Fast Track so disclosure rules are better.

 

You need to send a CPR31.14 request to the solicitors immediately - send by Special Delivery

 

Can you please let me know what the issue date of the claim is, you will find it on the top right hand side of the claim form.

 

We need this information so we know what dates we need to be looking at.

 

Issue date + 5 for service + 14 for acknowledgment + 14 to submit a defence.

 

I am rather suspicious about this £8.16 it is an extremely odd amount and needs to be checked out.

 

So the first thing you need to do is to obtain information.. CPR31.14

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: the default notice

 

4: statement of account showing how the amount being claimed has accrued

 

5: Proof of payment/method of payment made on 30 August 2006 for £8.16

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

I have amended the CPR request to contain the information that is mentioned in the PoC .. there is one paragraph that might need removing.. - regarding the CCA request. If you didnt request a copy prior to proceedings.. then delete.

 

 

Ok, you need to send this out immediately to the Solicitor - Special Delivery

 

The Acknowledgment of service (if you are going to defend) needs to be returned to the ISSUING COURT and NOT the solicitor.

 

Can you please answer the question regarding the Issue date.

Edited March 6, 2012 by citizenB

[citizenB]

Did you send the Statute barred letter when advised and is this claim, their response ?

 

If you did send the SB letter, did you send it by tracked method and have you kept the proof of posting and printed off the delivery receipt.

[blue-fish]

Hi, the issue date is 21st Feb, but stamped across the front is 'Date of Service - 02 March 2012', we actually received it on March 3rd. Is there a timescale in which they have to serve it after it's been issued? 10 days doesn't really give us as much time, surely? I've typed up and printed off the letter as advised below, so the court should extend the time period to allow us to request more information? We have not sent anything to them yet, As it didn't show up on his CRA file and they were offering discounts, we just ignored it.

[blue-fish]

Just tried to look at his CRA file but i don't know his password and he's in work, will get the details as soon as possible. Huge thanks to everyone who has helped

[citizenB]

Hi, the issue date is 21st Feb, but stamped across the front is 'Date of Service - 02 March 2012', we actually received it on March 3rd. Is there a timescale in which they have to serve it after it's been issued? 10 days doesn't really give us as much time, surely? I've typed up and printed off the letter as advised below, so the court should extend the time period to allow us to request more information? We have not sent anything to them yet, As it didn't show up on his CRA file and they were offering discounts, we just ignored it.

Where was this issued from ? A proper court or Northampton Bulk Processing centre ?

 

Issue date + 5 for service + 14 for acknowledgment + 14 to submit a defence. -

So if the date as you say is 21 Feb it would be

21.02.2012 + 5 = 26.02.2012 + 14 to Acknowledge service = 11 March + 14 to submit a defence = 25th March (33 days from issue date)

I am not sure what you mean by only being given 10 days to do something.

Is this a proper N1 claim or a Statutory demand ??

With all due respect, whatever it is.. and you believe the debt to be statute barred.. you only need enter the SB defence.. as shown below.

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, orrelief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

[citizenB]

Can you remove any personal information and post the claim/letter up for us to see.

 

If you follow the instructions below, you should have no problems.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button