CCA received from TBI

[technician483]

My girlfriend has just received a CCA from TBI.

 

Credit card appears to have been an Amazon card from Halifax.

 

The CCA has no signature from Halifax and doesn't appear to have any credit limit written anywhere.

 

I've attached the first 2 pages of the CCA. It would be great if anyone has a chance to look over it to see if it appears to be enforceable/legitimate.

 

[ATTACH=CONFIG]43938[/ATTACH][ATTACH=CONFIG]43939[/ATTACH]

[ims21]

You need to convert the images to PDF and post them again please.

[ims21]

Use this method by dx100uk

 

set your default scan page size to A4 less than 300DPI [150 will do]

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 http://www.pdfescape.com TO BLANK STUFF,

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

or

DO IT IN MSPAINT.EXE or any photo editing program

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

http://freejpgtopdf.com/

..

if you have multiple scans/pics

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

or use http://www.pdfmerge.com

 

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

..

 

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.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

[technician483]

[ATTACH=CONFIG]43940[/ATTACH][ATTACH=CONFIG]43941[/ATTACH]

[dx100uk]

does this debt show on her cra file

 

NEVER trust anything TBI say or send you.

 

esp NEVER EVER converse on the phone.

 

have they brought this debt?

 

dx

[technician483]

I've never been able to check her credit files as they wanted answers to security questions she didn't know the answers to!

 

First we knew of it was a letter from SRJ Debt Recoveries on 28/07/11. I sent them a prove it letter and that seemed to be the end of it.

 

We had a letter from IND Limited on 28/09/12 saying they had assigned the debt to TBI. TBI then started writing so I sent them a prove it letter. They've now responded with the CCA and one page of statement. According to TBI the last payment was made on 28/01/09.

[dx100uk]

if she has an active card of any description

then registration should be easy...on any cra provider

 

I take it she is obv aware of this account?

but just stopped paying?

 

we need more info please

 

dx

[technician483]

She is Lithuanian and didn't speak English until recently.

 

At the time the card was taken out she was living with a borderline criminal/thoroughly unpleasant English man who basically looked after all her finances.

 

It appears that he took the card out in her name and got her to sign for it.

 

She has no recollection of this card and has never posessed the card, however it is her signature on the CCA!

 

Looking at the one page of statement we've been sent there are clearly a number of purchases that certainly haven't been made by her.

 

When she left her partner it appears that he rinsed the card and then stopped paying it.

 

The first we knew of it was as stated above.

[dx100uk]

aha

 

yes it now becomes clearer.

 

iMHO Halifax fraud might be your best port of call.

 

sjr/tbi/ind are just speculative fleecers

 

however be aware that 'route' typically leads to the CCJ's being issued to previous addresses

 

I, in this case, would not sit on it.

 

s its 2009

 

dx

[technician483]

I'm concerned that going to Halifax fraud we are going to have to admit the signature is hers and so resetting the 6 years to Statute Barred. There is currently over 4 years gone of the 6 years as last payment was Jan.09

 

In an ideal world we would be able to prove her ex boyfriend had committed fraud etc, but in reality I can see it being her word against his and a whole load of grief trying to prove anything.

[dx100uk]

I would think it would be very very easy for Halifax to prove the story.

 

they'll have all the info and data to hand.

 

you need to also be aware that they will prob be able to match this with 'more'

of his same handy work in the past or since then.

 

I cant see this harming her only do good.

 

you also don't know of any other stuff hes done in her name too.

 

dx

[technician483]

OK, this has now moved forward somewhat.

 

Despite advice to the contrary I haven't taken this up with Halifax fraud department.

 

Primarily because I think this will result in my girlfriend having to admit liability to a portion of the debt.

 

I'm still sort of hoping I might be able to drag this out to being statute barred.

 

I have managed to get hold of her credit report from Experian. The report doesn't have any reference at all to this debt. All she has are 3 good credit accounts and a score of 994.

 

She's now received a default notice from TBI threatening county court proceedings if the debt isn't paid by 15/07/13.

[technician483]

Is it acceptable for a default notice to be issued 4 and a half years after the last payment was made on the account?

 

I intend to send a SAR to the Original creditor but is there anything I need to do in the mean time to prevent court action?

 

Also, any ideas why the debt is not showing on the credit report?

[dx100uk]

because its fraud. and the creditor knows it.

 

it has prob never been there or has been removed.

 

the fact that a default has been issue after that period of time,

 

does not reset the SB date.

 

dx

[technician483]

OK dx100uk. Thanks for your advice, it is seriously appreciated.

 

If I deal with Halifax now is it likely they'll stop the DCA from taking this further or do I need to deal with the DCA seperately as well as Halifax?

 

Is it true that the debt shouldn't have been sold to TBI by Halifax if Halifax hadn't issued a default notice?

[dx100uk]

there is no such rule

 

if haliprats have sold it

 

that means they know its a lemon debt

 

pers i'd be ignoring both.

 

dx

[technician483]

Supposing TBI take this to court to try to obtain a CCJ:

 

Will the default notice being over four years after last payment/acknowledgement be enough reason for them to not win the judgement? (as default notice should be issued within 6 months)

[dx100uk]

guidelines not rules

 

no it wont help

 

but it will never get that far.