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old HFC Debt - now with TBI - Claim Form Received.

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hi all

 

2 letters

 

1 - DML telling me they have wiped thier hands and passed it back to TBI, no further action from DML blah blah.

 

2 - david jones solicitors (tbi basically)

 

we refer to our last letter dated XXXX

our client company have been advised by DML they have failed to receive any offer of payment from you therefore our client company have now instructed us to issue legal proceedings against you for full outstanding of £xxxx should we fail to receive your proposal for repaying the sum by xxDEC 2012.

 

Please note that it is our client company's intention to enforce any judgement obtained against you by way of attachment of earnings order and that you will be liable for all costs which may be awarded against you in court. Contractual interest will also accrue both before and after any judgment obtained.

 

we trust this action will not be necessary and look forward to receiving your payment proposal by the above date.

 

 

 

is this threat-o-gram still? or....

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

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Experian

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Please note that it is our client company's intention to enforce any judgement obtained against you by way of attachment of earnings order and that you will be liable for all costs which may be awarded against you in court. Contractual interestlink3.gif will also accrue both before and after any judgment obtained.

 

Tut Tut! Shouldn't be fabricating and fantasizing what they want to do to you, Copy this and send it to the OFT^TS.

 

Well, IMO I would call their bluff now, they were dumb enough to mention legal action, so one option would be to issue them with a CPR 31

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

Or you could simply send an edited version of these two letters http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.


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

 

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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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.

 

 

???


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

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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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

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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.


We could do with some help from you.

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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!!! :(


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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 enquiries@paypoint.co.uk 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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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ok it appears jan 2009 was last payment. so not stat barred :(

 

 

default has gone past 6 years and now not showing on credit file as from last year too


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Can we see the recon agreements and T&Cs they have sent you?


“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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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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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here is the scans


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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

 

does this matter?


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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 :)


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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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


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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In that case it it would be their ''Registered Office'' address.


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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so i need T&C from inception and close? to be compliant?

 

 

is this an NOA?? or a threatogram

 

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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