TBI Claimform - Old HFC Loan

[gust]

thanks ims

 

next step - i need to see if postal order is cashed then

 

thanks

[gust]

ok i have had my SAR now

 

alot of it is jargon print offs to be fair

 

i will do the sums for the loan and try figure it out

 

can you remind me which spreadsheet for front loaded PPi for loans

 

and which spreadsheet for credit card PPi

 

that i need to use

 

many thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

1st one for loan

 

CC's

 

2nd for int in restitution if you are prepared to goto court

 

or the last one via the FOS.

 

if they refuse

 

dx

[gust]

good evening -

 

well this has ben sold/assigned to another DCA.

 

what is the best course of action? please read post #45 as that was not answered and also now this in the hands of another DCA even though my CCA request wasnt signed

 

thanks

[gust]

Good evening.

 

One DCA was chasing me for a debt - i sent them a CCA request a few years ago

 

they sent and unsigned credit agreement, some DD mandate with different dates on and some knock up statement.

 

The default has dropped off CRA files.

 

I think its isnt stat barred though i made a payment being naive and wasnt sent all details or proof etc.

 

Is an unsigned agreement failure to comply? I didnt write a letter to place in dispute and they have been sleeping dogs for a long time.

 

Now i have another DCA writing to me demanding all the payment.

 

what should I do now? since the default has gone, i dont think its stat barred but no signature on agreement.

 

so I write to new DCA and place in dispute? tell them the default has gone? I'm not sure what to do

 

thanks

[Bandit127]

Start again with a CCA request. This time, follow it up by disputing the account.

 

Obviously the last DCA saw the folly of what they had provided or you would have been hounded to hell and back.

[gust]

cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish

[Bandit127]

cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish

 

Not necessarily - but the T&Cs may have been missing or something else was wrong. The behaviour of the previous DCA indicates that is was not compliant.

 

Either way your tale will not win much sympathy with the new DCA. According to their view, you have had a response to a previous CCA request and the account is not in dispute. You are, therefore, fair game from where they stand.

 

Nope - start again. CCA request to the new DCA. When you get a response, post up what you get for advice on whether it is enforceable or not.

[gust]

thanks I will do that then.

 

Keep you posted.

 

at least the default has gone! and that cannot be put back on

[gust]

Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBC (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO SIGNATURE - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed??

 

thnks

[gust]

Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBC (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO signature - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed?

[Bazooka Boo]

That was poor advice IMO, to have sent another CCA request, one is all that is required, now you have fallen into the letter tennis trap.

 

Not to worry,

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

Your words or theirs?

 

If this isn't on your credit file, then you should have just left well alone.

 

IMO, I would just send them this letter as your final response to the matter, and tell them that you will not entertain any further protracted correspondence from them.

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

 

Edit to suit, and send it 2nd class but obtain 'proof of posting' from the PO counter which is free.

 

P.S. When did you take this agreement out?

[gust]

its from 2004 ish

 

Cough up was just abreviated...

 

the rest was their words.

 

the default has gone for this.

 

so whats the deal with the forms having no date, no signatures?

 

thanks

[Bazooka Boo]

AFAIK and can remember, the agreements pre 2007 need to be an 'actual' copy of the original agreement, and not just a recon, although they can issue recon's this is not good enough should they decide to take legal action.

 

Do you know when you actually made the last payment? This would help immensely as to the next course of action.

 

I am inclined to say leave well alone after that letter, or even now perhaps, as they would need the original to take action. TBH if legal action was going to be taken then they would have done so years ago, and unless this circus outfit actually own this debt, then they can't do anything other than send you their puerile empty threats.

[gust]

2008 i think.

 

i had some paypoint card so cant find the actual date. around that time

[Bazooka Boo]

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

 

Print that off and wait for their next missive before sending it, see what their next threat letter proposes to inflict on you.

[gust]

ok thankyou

 

so sit and wait then? dont fire this off just yet

Who should i write to now? the solicitors of the first DCA who just wrote to me or the new DCA i sent the request?

 

ta

[Bazooka Boo]

Ignore the first DCA yes. I assumed that you had originally sent them a CCA request, they replied with a recon? You ignored them, and now they have passed it on to DML (debt managers Ltd???) Who you sent a second CCA request and they have replied with the above missive from Tbi Solicitors ?(Tilly Bailey & Irvine??)

[gust]

david jones solicitors, who claim they are TBI's in house solicitors. 2nd CCA recently was sent to DML and they have not replied and passed it back. Now david jones are writing to me

[zydeco]

We also refer you to the high court decision in Carey V HSBC (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

Quite true, but for agreements before 2007 they need the original agreement, not a recon, to take it to court.

 

They love quoting Carey but forget who was the claimant in that case.

 

Listen to BB.

[gust]

thankyou BB and zydeco

 

what is this also?

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983

[zydeco]

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983

A bit of bedtime reading,

 

http://forums.moneysavingexpert.com/showthread.php?t=2080173

[Bazooka Boo]

Right so this is doing the rounds, classic case of a dodgy debt.

 

There is a letter you can send to Sols who threaten legal action when the account is already in dispute, but for some reason it won't allow me to access it??

[gust]

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

[Bazooka Boo]

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.

 

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.