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TBI Claimform - Old HFC Loan


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thanks

 

so letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

would apply to david jones solicitors? bottom of the letter from them reads - david jones solicitors is the legal division of TBI financial services ltd.

 

thanks

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Yes send them that, and edit where it says, new dca, with the name of the fake solicitors and TBI financial services.

 

Ensure you lodge a formal complaint with the OFT&TS also.

 

Send it 2nd class but obtain @Proof of posting@

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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i sent the 2 letters. and this is their reply

 

we refer to your letters

 

as far as our client company are concerned this matter is not in dispute, as your request for a copy of the agreement in accordance with section 77 of the consumer credit act 1974 has been complied with on the XX/XX/2010 and again on the XX/XX/2012.

 

further to our letter dated dec 2012 the next correspondence you will receive regarding the outstanding debt will e from the court.

 

 

???

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Wait to see if a court claim arrives.

 

Do you know when the last payment was made for this debt ?

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jan 2007

 

So by the time they get around (if they bother) to issuing a court claim, it will probably be statued barred.

 

Keep your fingers crossed.

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  • 4 weeks later...

just had a letter with N9,N9A and N9B from Ascot Lawyers

 

the claim is served and i have until early FEB to file a defense. if i need additional time to file and serve a defense i need to complete, file with the court and serve ascot lawyers the acknowledgement of service and include the papers attached to the letter.

 

they are claiming i last paid towards this in jan 2009 - how can i prove this? i had some paypoint card of which i had to go into a shop and make payment.? i have lost the stubs.

 

i have 14 days to prepare now!!! :(

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The onus of proof is for them to prove you paid not for you to prove you haven't.

 

If you have your paypoint card and the date of alleged payment you could try this:

 

I have lost my PayPoint receipt. Can you find my payment? We may be able to help, but you need to provide us with some information. Please send an email to [email protected] with all the following details:

 

  • when the payment was made
  • the amount paid
  • the name and address of the PayPoint outlet where you made the payment
  • what payment you were making

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i will hunt the card too then, not sure if i have it still either

 

would this apply since the agreement has no dates or signatures?

 

In McGinn v Grangewood Securities 2002 the Judge has this to say

It follows that in a case where there is no document signed by the debtor which contains all the prescribed terms of the agreement the court has no power to make an enforcement order

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does the recon agreement they sent you contain the correct address that you were living at , on the date of the agreement?

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ok i will take photo of "agreement"

 

there is no date present on agreement but

 

next post will have the agreement

 

here is the scans

 

i have the N1 claim form here for TBI - they have the incorrect address on it, from 2 addresses back

 

does this matter?

 

hi

 

the N1 claim form has incorrect address - can they seek to enter judgement against me on the basis of service at an incorrect address?

 

time is ticking....

 

if i want to extend to 28 days instead of 14 what do i have to do? I have never had to do this before and its puzzling me

 

thanks

 

can anyone help?

 

Also the court is a good trip away from here. would i have to attend or just send a defence?

 

many thanks

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You can have them move this to your local court.

 

I'm not very good at the legal side of things, but this will put you back to the top of the pile, if you need urgent advice then click on the black triangle and ask the site team for advice.

 

Sorry I can't be of further help...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks

 

well i am writing to extend to 28 days tonight

 

in the meantime i am in discussions with trading standards.

 

I am also going to write to OC, as i have never been served a NOA.

 

the only thing that resembles something of that I have attached as a PDF here. please could you look at it and tell me if this is acceptable as a NOA please.

 

What exactly is a CPR 38? is that to demand more info before court? I would send this type of stuff to the lawyers?

 

what is a CPR 18?

 

how would these help and how would the format of the letter need to be?

 

thanks

 

I read it might be worth CCA-ing the OC? as this will show the courts I am trying to get the correct information? Besides this acc is very old and pre dates the carey vs hbsc case so im guessing a recon is just not good enough. (my original CCA to the DCA pre dates this too)

 

all help welcome

 

thanks :)

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OK, to add to my comments, the wrong address on the claim could be useful, the recon should contain, name and address od the debtor at the inception of the agreement, diito for the creditor.

 

The terms & Conditions at the inception of the account all changes during the life of the agreement and those at the closeof the account,

anything less is not compliant.

Written sections must be brought to nthe attention of the judge.

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thanks brig - so it should have the branch address if i signed in in branch and not just their head office?

 

 

I need to request payment history from TBi - i guess i should CPR31.14 them asking for this info? is this the correct method?

 

I have SAR summary from OC too and it shows no details of NOA - I have not had a NOA as far as i can tell except what i put in the PDF in my earlier thread- is this one? or not - thanks

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thanks Brig - i thought it had to be from OC - would this appear absolute or equitable? cheers

 

some more questions - jan 2009 i CCA'd dca - failed it 8 months later with a hand written recon.

 

agreement from 2005 so a TRUE copy of a signed agreement is needed to get to court?

 

is this statement true below?

 

Why could my pre 7th April 2007 credit card and personal loan debt be unenforceable?

 

When you entered into the arrangement to acquire your credit card you should have signed a formal loan agreement with the credit card company (or lender). The lender is obliged by law to provide you with certain agreement information if you request it. If they cannot provide the agreement, they are legally unable to recover the debt. If the agreement has been improperly executed they also cannot recover the debt.

 

What laws cover the question of unenforceability?

 

The law on personal loans and credit card debts being unenforceable is covered in the Consumer Credit Act 1974 and its associated Regulations of 1983. Although a new Act was introduced in 2006, which changed the law on enforceability of agreements, it does not apply to agreements entered into before 7th April 2007 (when the 2006 Act came into force).

 

 

 

When i first was contacted by these people - i knew nothing and panicked into paying. I want full disclosure for my defense - do i CPR31.14 the lawyer? or ask DCA?

 

thanks

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What laws cover the question of unenforceability?

 

"The law on personal loans and credit card debts being unenforceable is covered in the Consumer Credit Act 1974 and its associated Regulations of 1983. Although a new Act was introduced in 2006, which changed the law on enforceability of agreements, it does not apply to agreements entered into before 7th April 2007 (when the 2006 Act came into force)."

 

So as yours is pre April 2007 then the above iis irrelevant and a recon will not suffice...it must be the original.

 

 

 

When i first was contacted by these people - i knew nothing and panicked into paying. I want full disclosure for my defense - do i CPR31.14 the lawyer? or ask DCA? The Solicitor named on the summons

 

thanks

 

Regards

 

Andy

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What laws cover the question of unenforceability?

 

"The law on personal loans and credit card debts being unenforceable is covered in the Consumer Credit Act 1974 and its associated Regulations of 1983. Although a new Act was introduced in 2006, which changed the law on enforceability of agreements, it does not apply to agreements entered into before 7th April 2007 (when the 2006 Act came into force)."

 

So as yours is pre April 2007 then the above iis irrelevant and a recon will not suffice...it must be the original.

 

 

 

should i be telling the lawyers this? and demanding a TRUE signed agreement? or should i just wait and file my defense with a crappy recon?

 

thanks

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