ICF loans, Merit finance and now TBI?

[sjs123]

Hi all,

new on here and just after a bit of advice.

 

Many years ago when I was young I stupidly took out a loan with ICF loans.

 

Merit finance took the loan over a few years later and I've been paying them £50 a month ever since.

 

Out of the blue I received a letter from a company called TBI Financial Services informing me that they have taken over the debt

and I should immediately cancel my standing order payment to Merit and start paying them.

 

Now, I'm not happy doing this as I've had no communication from Merit to inform me of this

and I'm not prepared to start sending some random company money just because they wrote me a letter

 

.So a couple of questions,

 

1) I'm pretty sure that this loan must be paid off by now but I haven't had any communications about it from Merit for years now so how could I check?

 

2) Has anyone dealt with TBI before?

 

Thanks

[Let Them Knock]

Wiser heads will be along soon to advise you.

 

In the meantime, do not speak to anyone by telephone - keep everything in writing.

 

In your position I would:

Stop paying. Why pay something you may not owe? It happens.

Request a copy of the Consumer Credit Agreement relating to this debt under section 77 of the Consumer Credit Act.

Request a full statement of the account (you should have been receiving statements anyway).

 

Why?

Because you really need to determine is this is a legitimate debt, if it is enforceable and how much you owe (if anything)..

You need to know what (if any) additional charges have been levied and if they are lawful.

 

Did you have PPI on this loan? If so, was it mis-sold?

 

As said, wiser heads will be along soon. You have come to the right place and things will get better now you are here.

[dx100uk]

opps sounds like you've been cash cowed for years here

 

all the usual names involved too Merit finance and now TBI

 

what does your cra file say about this loan?

 

if you've never had any statements

which should be sent better than every 12mts period

its another good ind that you've been had.

 

get the cra file first

 

oh and cancel any DD's toward them too

instruct your bank to NOT honour any further attempts to draw

against your account

 

inWRITING

 

dx

 

dx

[sjs123]

Thanks guys.

 

I've checked my credit file and this debt has never been recorded on it.

 

Looks like I'll be sending them a request for a CCA (loan was taken out in 2000 which I think means it needs to be the original copy?)

 

Edited to add - does anyone have a link to a CCA request template letter and possibly anything else I need to send them?

[dx100uk]

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

...

 

now get an sar off to marlin pdq before they destroy their records

 

your need to know WHERE your money has gone

 

not off this ficticious debt i bet.

 

how did marlin get you paying

by a threat-o-gram and you fell gor it

 

got any historic paperwork?

 

dx

[sjs123]

Ok, sent the CCA request last week but signed it. Does this mean they're going to copy my signature and use it?

[dx100uk]

we'll see

 

what paperwork do have you?

 

dx

 

 

dx

[sjs123]

I haven't got any paperwork for this. The loan was taken out a long time ago. Probably around 2000.

 

I was thinking of sending a SAR off to Merit?

[dx100uk]

i doubt very much you or TBI will every get any paperwork of this age.

 

that could actually be to your advantage in one sense

[NO CCA = NO PAY]

 

BUT

 

it wont answer the question of your being fleeced blind!

 

dx

[sjs123]

So you don't think it's worth me sending a SAR to Merit?

[dx100uk]

yes why not..

 

what i am saying is that if they say they have nothing- then TBI wont get a CCA either.

 

dx

[sjs123]

i doubt very much you or TBI will every get any paperwork of this age.

 

that could actually be to your advantage in one sense

[NO CCA = NO PAY]

 

BUT

 

it wont answer the question of your being fleeced blind!

 

dx

 

Ok, well they've sent me the CCA from 1999. However, it appears to be a photocopy and not the original document. Am I right in thinking that it needs to be the original?

[dx100uk]

no, post it up

and are the T&C's from the org time?

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

oh and marlin have sent this cca?

 

dx