TBI Claimform - Old HFC Loan

[gust]

I had letters from TBI demanding money for a debt..

 

i didnt know about anything CCA or how they should handle things

 

i filled in a form to say how much income i can spare and sent it back

 

they sent me a card to pay using paypoint and i have done a couple of payments

 

is there any way i can stop paying them as i didnt see any CCA forms off them as i was a bit niave

 

glad i came here so far!...

 

any help please?

 

thanks

[maroondevo52]

What was the debt Gust ?

[gust]

from a loan a few years ago

 

got behind from bank charges etc... and it got messy

 

i aint paid it for about 3 yrs

[maroondevo52]

Did you apply online ?

[gust]

nope

 

it was from a high street loan company which is a "sister" company to another bank

(lower demographics for people with bad credit and high interest type...)

[maroondevo52]

Hi,

 

Send the CCA request, letter 'N' in the library, with a £1 postal Order, recorded and don't sign the letter.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they don't comply within 12 + 2 days, you can then stall on payments.

 

Regards.

 

Scott.

[gust]

thanks

 

just write the DCA company name on the postal order or the creditors??

 

(im being thick sorry lol)

[maroondevo52]

Dca.

[gust]

ok

 

will send this letter

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?

[maroondevo52]

ok

 

 

 

i have capquest and lowell/red DCA on my back too

 

i should send them this letter too then probably?

 

Yes, best thing to do is start a new thread in this Forum for your each of your other debt's, makes it easier for people to help you.

 

Regards.

 

Scott.

[gust]

ok i already did

 

thanks

 

ill bump it if you want to read it

[gust]

ok..

 

TBI replied....

 

"i write with reference to the above agreement and further to your letter dated XX/XX/200X, the contents have been noted.

 

Be advised that a copy of the original loan agreement was requested from XXX Bank following receipt of your payment alternative form in this office on the XX of XX 200X and have today contacted the bank requesting that they forward said documentation to me.

 

Due to the age of the account, the agreement needs to be recovered from thier archive and it is hoped this will be recieved in the next week or two.

 

TBI financial Services LTD do not make a charge for providing said documentation and i have therefore returned the £1.00 postal order for you to get a refund from the Post Office....

 

 

 

they have about a week to comply to the 12+2 days.....

 

what now?

 

thanks

[cerberusalert]

If you don't receive your CCA within the 12 + 2 day rule you are within your rights to stop any payments until they do.

[gust]

ok

 

thanks

 

so what if they cannot produce the CCA?

 

so what can i do if they do produce the CCA?

 

 

thanks

[cerberusalert]

If they don't produce it you can stop payments until they do.

 

If they do produce it scan it, remove your personal details and post it here so we can check whether it is enforcable or not. Then we'll take things from there.

[gust]

ok.... i will scan IF they send one

 

cheers

[gust]

sent capquest letter template as below

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above

reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt

being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection

Guidance which states that it unfair to send demands for payment to an

individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it

is unfair to pursue third parties for payment when they are not

liable. In not ceasing collection activity whilst investigating a

reasonably queried or disputed debt you are using deceptive/and or

unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been

settled or are disputed and continuing to make unjustified demands for

payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above

account unless you can provide evidence as to my/our liability for the

debt in question.

 

I/we await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading

standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

capquest replied,

 

Their letter back seemed to ignore my letter and tell me about pre-litigation and valid checks etc.. (what ever this all means!)

threatening me with bailiffs and a walking possession agreement..

also court action....

 

THEN another letter came - they replied to the above letter ASKING ME TO SEND THEM ID - driving licence etc AND where i lived at a specific date......

 

 

I was advised DO NOT send them ID. they cannot ask of this...

 

I failed to send the first letter recorded so i RESENT it recorded for proof purposes...

 

 

I have had back TWO letters...

 

i will have to type these out here when i get home, but one of them is saying sorry, and they are looking into it... (with a page about complaining to the OFT)

 

The other says in short did i live at 12 example road, example town, EX2 r43.. (changed obviously.. )

 

looks like letter N is needed here too?

 

it is worded that if i deny living at the address they have given for my "previous address" i will be off the hook?? they say account on hold for 21 days UNTIL I REPLY....

 

what next? thanks

(i can type the whole letters here if it will assist....)

 

cheers

 

 

[PGH7447]

ignore them, they have to prove the debt is yous not the other way round

[gust]

ok

 

i will ignore for now

 

many thanks

[maroondevo52]

ok.... i will scan IF they send one

 

cheers

 

And that's a BIG 'IF'

 

 

Regards.

 

Scott.

[gust]

TBI have PAST the 12+2 day cut off.....

 

so what now? just sit and wait?

 

 

 

i have JUST checked my credit report and i have a DEFAULT under the name of TBI..

 

would this be from them or the previous "owner"???

Edited February 7, 2009 by gust

[cerberusalert]

DCA's usually enter a default when the buy the account, but there shouldn't be more than one for the same debt.

 

I would wait until they contact you again and fire this back at them. It's up to you really because you could send it now if you wanted as they are in default of your request;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[spartathisis]

I notice in one of the posts TBI (ken Edgar MD) dont charge for a CCA. I sent a tenner for SAR didnt recieve CCA/Aplication he then said I have to send £1 to get it, tightwad (oh I didnt send it;))

[gust]

still heard nothing back from these so far................

[gust]

my last letter for the CCA request was back in january..... so i think they have passed the 14+2 days now!

 

They placed a default on the account when they bought/assigned themselves to this debt...

 

would it worth contacting these people to remove the default from my credit file? and if possible i could use a template if anyone has one

 

thanks