TBI Finance chasing old year 2000 CCJ - they wont go away!!

[BRIGADIER2JCS]

Hello YorkshireCagger,

 

dx100 has asked me to take a look at this for you.

 

I'm just going to read through the thread now.

[BRIGADIER2JCS]

Ok

Do you by any chance know what the judgement order stated?

 

The pursuit of a debt this old is should not succeed, if there has been no enforcement action taken since the original judgement order.

 

I now of this company and have seen some cases like this in the past, just going to do a little research then I'll get back to you.

Edited July 31, 2013 by BRIGADIER2JCS

[BRIGADIER2JCS]

Well I see their 'Frontman' Kevin Edgar is still around so let's try this letter on him, use recorded signed for post and check delivery date.

 

Private & Confidential.

Mr Kevin Edgar

TBI Financial Services Ltd.,

 

 

Date:......................

 

Ref: Use theirs:

 

Dear Mr Edgar,

 

I refer to TBI Financial Services Ltd recent communication regarding a debt relating to a loan from xxxxxxxxxxxxx, taken out on xxxxxxxxx, Please note I do not acknowledge any liability to TBI or any company it may claim to represent.

 

You have stated that a County Court Judgement was allegedly obtained by xxxxxxxxxxxx on x. xx 20xx to the best of my knowledge I have not received any notification of any substitution of the original claimants name with that of TBI Financial Services Ltd.

 

Also to the best of my knowledge no enforcement action has been instigated at any time by any party in regard to this judgement order.

 

I am sure that TBI Financial Services Ltd is aware that it MUST APPLY TO THE COURT to restart any enforcement action on this claim, an event that the court is most unlikely to allow given that xx years have elapsed since the judgement was made and during that period NO ENFORCEMENT ACTION HAS BEEN INSTIGATED.

 

Give the above I must decline to make any payment or acknowledgment of liability in regard to this matter.

 

The Claim made by TBI Financial Services Ltd is therefore rejected, and no further correspondence will be entered into unless/until the company produces unequivocal evidence from a court that I have any liability for this matter, as ''A Request For Judgement''

form in not evidence that a judgement was awarded.

 

Let's see what they come up with send a copy to the solicitors too. by recorded/signed for.

Edited July 31, 2013 by BRIGADIER2JCS

[BRIGADIER2JCS]

Should the letter also refer to the lack of definitive evidence that a judgement was even obtained?

 

Covered in the last para. Sem.

[BRIGADIER2JCS]

Ok sorry called away, send it as is, they are going to attempt to resurrect that old CCJ, which can oppose, personally I cannot see

a court allowing an AOE after all this time.

 

I would suggest checking with York CC to see exactly what the court ha received from NCCBCC.

[BRIGADIER2JCS]

Hi, The Claim No. The Name of the Claimant, your name and address should be enough, you can phone the court office, most are open 1000hrs to 1400 hrs Monday to Friday, or write to the Court Manager with the details.

[BRIGADIER2JCS]

Send the letter drafted, then check the court it will now mean that this will have to go to a hearing we need to see exactly what they come up with it is difficult to speculate on what may transpire.

[BRIGADIER2JCS]

If you had no prior knowledge of the original claim it would be useful fighting this proposed AOE.

 

The County Court system is in my opinion the fairest civil law court probably in the world.

[BRIGADIER2JCS]

Sorry tinkerman...have edited your post as we don't permit the names of these companies to be promoted on CAG.

Thank you ims!

[BRIGADIER2JCS]

Still send the letter, it will let them know you are aware of these tactics.

[BRIGADIER2JCS]

Can i just say thanks again to everyone who helped out here so far

 

I'm sure we are all pleased to help, as soon as you here anything please come back here for help.!!!

[BRIGADIER2JCS]

Hello YC I'll take a read through the whole thread again in case we've missed something.