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Default notice from TBI Financial services


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Partner received Default notice from TBI last week after many amusing emails from ken there

 

Seems rather odd as Lloyds would have issued default notice originally

 

The Notice gives until 5th of November to remedy the breach, yet it will be statute barred in around 2 weeks

 

Sent of CCA request to TBI today......

 

Then they said if didnt remedy the breach they would issue county court papers!

 

Happy days!

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Can we have a sight of this DN please.This may be a ploy to get a respose prior to SD.

What is the exact date the debt becomes SB, and are you working on the default date or last payment date?

 

DO NOT respond to the DN this can be challenged a number of ways, so check credit ref files asap, 05/11 is 13 days away.

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Can we have a sight of this DN please.This may be a ploy to get a respose prior to SD.

What is the exact date the debt becomes SB, and are you working on the default date or last payment date?

 

DO NOT respond to the DN this can be challenged a number of ways, so check credit ref files asap, 05/11 is 13 days away.

 

It becomes statute barred from my calculations on the 08/11 which is 3 days after!

 

Already sent of the CCA request, Will get a copy up of the DN ASAP

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Probably not relevant here if you can show the debt is SB as soon as you think, but do you still have the envelope the DN was delivered in as there is a slim chance that they have not allowed sufficient time for service?

 

This would only be if they used 2nd class post and the postmark shows a date of 17th Oct or later.

 

Rob

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Ok, As a DN it's fine, but the urgent need is to know if Lloyds has already defaulted an if not why not.

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What on earth are they up to? Why do they think they can issue a DN on an account that has probably been terminated already? They are clearly also claiming that the total balance is now arrears.

 

As Brig says, we need some history on this. When exactly was the last payment made? Was it a loan or credit card? History? Did you get a notice of assignment from these idiots? If so, when? Have you been receiving annual statements?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I think I I can have the detail requested this can be killed off rapidly.

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The ''new'' default notice is unlawful a debt can be defaulted once and once only.

 

Give me a few mins and i'll draft a letter for you.

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OK, Letter to the Compliance Manager

TBI Financial Services,

 

FORMAL COMPLAINT##

 

Ref: as on their letters:

 

Dear Sir,

 

I am in receipt of your ''default notice'' dated xx xx xxxx I am most surprised that you have issued this notice in regard to an allleged debt that was defaulted by the original creditor on xx xx xxxx, to give you fair notice I am fully aware that any debt can only be defaulted once and that default date cannot be changed at any time, nor can any further default be registered.

 

Therefore your claim to be able to default this account is refuted.

 

Futhermore it becomes apparent this submission is intended to refute a claim that this alleged debt is statute barred such corrupt intention is now to be reported to the regulators with regard to your companys' fitness to hold a consumer credit licence.

 

Get this off RD in the morning.

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The ''new'' default notice is unlawful a debt can be defaulted once and once only.

 

Give me a few mins and i'll draft a letter for you.

 

Unless, of course, the first DN was non-compliant and therefore invalid. But no indication of that here.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Unless, of course, the first DN was non-compliant and therefore invalid. But no indication of that here.

 

Or the default situation in the original DN was rectified by paying the arrears demanded within the specified time.

 

Rob

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Or the default situation in the original DN was rectified by paying the arrears demanded within the specified time.

 

Rob

 

OP staes in post 11# already defaulted.

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Or the default situation in the original DN was rectified by paying the arrears demanded within the specified time.

 

Rob

 

Good point Rob, but as Brig says, I’d accounted for that.

 

Moreover, if an account was defaulted and the breach remedied within the time given, then the breach/default is treated as if it had never happened – so in theory the issue of such a DN should not actually remain recorded. Of course, that’s not to say it doesn’t happen – we know it has happened.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Apologies if I've given the impression of mis-understanding default matters. What I've done is used the term (too) loosely. All I was trying to do was give another example of where a second DN could be lawfully issued as that is what the main thrust of the thread seemed (to me) to be about. :-)

 

Rob

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Hi Rob. We all know you know your stuff, don’t worry! No need for any kind of apology.

 

Sometimes (by which I mean nearly all the time) new caggers get confused with the issues of DNs and the recording of defaults (different things, largely unrelated). Well worth a sticky somewhere.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thanks for your comment DB, but I have to admit my knowledge is pretty limited. That probably goes for a lot of people on here, but two (or many!) heads are better than one, and the combined efforts of CAGgers more often than not gets results. :wink:

 

Rob

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It is also important to realise that adding information to a thread especially as when it is clear as in this thread that the point has been covered adequately, it tends to confuse inexperience users.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Ah, that’s my modus operandi, Brig. Confuse ’em first, then look clever when you explain it later (the way I should do in the first place).

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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