TBI Claimform - Old HFC Loan

[gust]

Hi again

 

i sent CCA request on JANUARY 2009

 

i got a letter on OCTOBER saying this statement is being given to me as required by the consumer credit act 1974...

 

i think this is a little over the 14+2 days...

 

they have not sent any copies of any agreement... just printed out 3 payments i did before i knew my rights with them...

 

where do i stand now with this?

 

thanks

Edited November 29, 2009 by gust

[cerberusalert]

Until they produce an enforceable CCA the a/c is in dispute & they cannot take any enforcement action. The statement they sent you is a new requirement under CCA 2008 & doesn't mean anything other that to keep you updated on the a/c.

 

It is extremely difficult to get them to remove the default although not impossible, but could mean you taking them to court to do so. You have to weigh the pros & cons, if you push them too hard it might goad them in to making a more concentrated search for your CCA.

 

As it stands now, the balls in their court & you don't have to do anything.

[gust]

cheers

 

just read this on the 2nd page...

 

Quote..

 

this statement does not include the date of your agreementt. its duration or the amount of credit advanced under it. if you would like to receive this EXTRA information please get in touch with us to obtain it. we are required to provide you with this information within fifteen working days of receiving your request for it

 

???????????

 

surely the CCA request asked for this info??!!

 

what are they on about?

[cerberusalert]

surely the CCA request asked for this info??!!

They should have sent a 'True Copy' of the agreement you signed along with the terms & conditions applicable at the time along with the present day terms & conditions + a statement of a/c.

[gust]

ok so since they appear to have failed this...

 

whats the best action for me now?

 

thanks

[cerberusalert]

Have you ceased making payment?

[gust]

yes.....

 

i ceased payments when i found this site and sent them a CCA request....

[cerberusalert]

You don't have to do anything then, the balls in their court now.

[gust]

but they seem to think that what they sent is enforcable.....

[cerberusalert]

Well if they think it's enforceable they don't seem to have done much about it since Jan.

[cerberusalert]

If you really want to push them you could send this;

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[gust]

quick response LOL

 

took them 8 months

[gust]

well i ignored them.... had no reply since Jan 09

 

should i consider this matter closed? OR is it only closed when they confirm this in writing?

 

thanks

[PGH7447]

either forget about it until they try something else or write and remind them

[gust]

I have just noticed that TBI put a default with the CRA's in JULY of that year... My notice of default off them was dated SEPT and they gave me till OCT of the same year to avoid having a default filed.

 

SO why have they placed it in JULY??? and not given me the notice till sept?

 

what should i do about this? Thanks

[cerberusalert]

If you haven't made a payment on this debt since 2006 it must be statute barred or very nearly. When you can be certain that it is you could send them a s.10 notice telling them not to process your information.

[gust]

less than 2 weeks for the 6 years to expire

 

i will wait then.

 

cheers

[gust]

forgot to add

 

i have ANOTHER default notice dated sep 2011 off them which i ignored at the time. Can they apply TWO defaults for the same alleged debt? Or can they re-apply them after 6 years?

 

thanks

[cerberusalert]

A default can only be registered the once... by the original lender, then it can be updated for six years.

 

According to guidelines a default should be registered within six months of payment becoming due.

[gust]

Ok so TBI chasing a loan from HFC

 

 

I CCA requested them JAN 09.... the finally sent an USIGNED credit agreement, DD manadate (signed) and photocopy of some old statement. They sent this in DEC 2010.

 

SO obviously in serious dispute. They wrote to me again as my CRA address is updated and i have ignored them since 2011.

 

 

Also on the CCA request it shows my PPI amount on statement and agreement. I do not recall being told that I would pay interest on that, so would this be mis sold PPI?

 

IF so would this be reclaimable since the account is old and in the hands of a dca?

 

cheers

[dx100uk]

matters not ALL HFC PPI [and other insurances] are known to be reclaimable

they were fined £1.8M fo it

 

go get 'em!!

 

as for TBI, ignore them.

 

they are jnown to chase un-en debts

 

the PPI should also goto YOUR POCKET if TBI own the debt

 

 

dx

[gust]

Thanks

 

I have just grabbed the PPi spreadsheet off here. I have entered the agreement date, but unsure what date i would need to put for finish date? I am unsure as it defaulted and TBI have been chasing for this with failed CCA. So do i put to now? or when it defaulted? thanks.

[ims21]

The "claim to" date should be now.

 

What is the name of the spreadsheet you are using?....If you are using the correct one then the c"claim to" date is already filled in for you

[gust]

statintsheet v101 is that the right one? thanks

[ims21]

Yep that's the one