TBI Financial want a sensible proposal!

[purple**princess]

Hi all,

 

This is my first thread on here , and I have found this site very useful!

 

Anyhows, the long and short of it is I ran into a bit of financial difficulty as a student mainly due to stupidity but also because I had no parental support whatsoever. I have had various letters from various companies telling me I owe them money, some of the ones mentioned on other threads ring a bell Intrium Justicia, Wescot, Hamptons, Lowell, etc. I finally decided to do something about it and have it down to dealing with 2 defaults. One from T-mobile and one from TBI Financial Services (£924, started 13/12/01, default date 29/01/03) like I said I owed money to a few companies, but was not sure what exactly TBI were chasing me for. So I CCA'd them on Tuesday 10th April and received the reply below:

 

Dear Mrs X (they refer to me as Mrs but use my maiden surname - doh!)

 

Thank you for your letter received in this office on the 11th April 2007.

 

I have requested a copy of the original Agreement from HFC Bank Ltd and I am also arranging for a Deed of Confirmation of the Assignment to be drawn up.

 

As you have previously acknowledged the debt (only as I wanted to settle the debt, to get it off my credit report - stupid, I know, considering I'm not even sure why I owed the money) and made offers of settlement (my husband kindly did this for a quiet and easy life, he was prepared to pay it off for me), please be aware that any documents or e-mails (just the e-mail from my husband, clearly from his e-mail address, and clearly referring to me as his wife) to this effect would be produced in Court.

 

I therefore hope that once you receive the requested documents, you will forward your sensible proposals for repayment of the outstanding balance.

 

Should I write back to them, telling them that I have only previously acknowledged the debt under duress and that any offers of settlement made by my husband cannot be used in court as they were in clear breach of the DPA?

 

What is the likelihood of them getting back to me? Any advice would be greatly appreciated

[gymfreak1978]

If they dont come up with a CCA in 12 working days, the debt is there enforceable. Ive read on here people who already have accounts with DCAs have stopped payments as later on they have not produced a CCA after sending the letter when finding this site.

 

After 30 days they have commited an offence.

[gymfreak1978]

enforceable should be unenforceable**

[Zimmie]

Purple Princess, well with that name you make me think of my daughter :o)

I'm no expert...but....I do know how the DCAs can grind you down...to a point where you will offer whatever you can to get them off your back.

However, you have CCA'd them, and until they provide you with the documentation you requested they should not be harrassing you.

If they do produce the necessary documentation, then is the time for them to negotiate payment terms.

SENSIBLE proposals should be what you can realistically afford...IF they have and produce the CCA within the legal time limit, draw up an Income & Expenditure summary, and make an offer based on the disposable income you have. Remember though you cannot live on air!

I'm thinking, from my own experiences with DCAs, that the gumph you are getting from them is scare tactics.

You mentioned Lowells...ohh I know them, infact from the amount of letters I get from them...I think they must be my relations!

PP I certainly am no expert on these matters, but hold in there, and some of the real experts will come to offer advice.

In the meantime, if you have sent CCA requests...sit it out until you receive them...thats what I'm doing.

Don't let them get you down, I know thats easy to say..they drove me to the brink...but then I found this site.

Think positive :o)

[purple**princess]

Thanks gymfreak and zimmie for your advice, I'm new to this game, so am a little nervous and not quite sure what to expect. You're right, on the phone they belittle you and try to scare you into paying more than you can realistically afford.

 

Zimmie, I remind you of your daughter? Purple princess comes from the fact that I used to be obsessed with purple, I quite like it now, but have since discovered other colours!

[alanfromderby]

I have had some dealings with TBI and they can be extremely persistant..until they realise that the game is up.

 

Should they default on the CCA it is important to make it clear that you no longer acknowledge the debt, and that any enforcement action, in whatever form, will result in a complaint being being made to Trading Standards, the FSA, AND the Financial Ombudsman.

 

DCA's will seriously fear the involvement of the FOS as they are charged a fee when a complaint is investigated - this fee will usually be far in excess of the amount that they originally paid for the debt, and too many complaints could have serious consequences on profitability.

[purple**princess]

Thanks Alan,

 

Another 7 days until they default, I've not come across reporting them to the Financial Ombudsman, but it makes brilliant sense, I'd love to make those lowlifes quake in their boots as they have done to me plenty of times over the phone. Will also look into the FSA. But must wait for them to default and commit an offence, mustn't count my chickens before they hatch!

[alanfromderby]

The Financial Ombudsman only became responsible for Consume Credit Act issues on 6th April.

[Zimmie]

Hi Alan, is that whereby the DCA gets so many complaints investigated free (4?), then they have to pay a fee?

 

PP,

Zimmie, I remind you of your daughter? Purple princess comes from the fact that I used to be obsessed with purple, I quite like it now, but have since discovered other colours!

You remind me even more of her now Infact when I was typing my earlier msg to you she saw your name and said..oh that could be me...lol.

 

All the best,

Zim.

[make them aktiv runners]

and only events occurring after 5 April. See this from one of tbern's threads

http://www.consumeractiongroup.co.uk/forum/cabot/80270-litigation-tbern123-cabot-financial-7.html

 

Some-one also posted a link to FSA guidance but I cannot find it. Basically though before going to FOS you must first attempt to use the DCA's own internal complaints procedure, of course if unhappy with response or lack of one you can then go to FOS (FSA required DCA's to have a complaints procedure in force from 6 April)

[purple**princess]

Thanks MTARunners

I'm a tad confused, the default ocurred well before 5th April this year. And going by the info on tbern's thread, I don't have a leg to stand on in terms of reportin the to Financial Ombudsman. Or am I being really daft? If TBI default and then commit an offence, as this happens after 5th April can I then report them to FOS?

[kennyparkroad]

ok ok o hang on

 

when did you send the CCA request

 

did you send it recorded delivery

 

if so, do you have proof its been recieved (even if you didnt, you have their letter)

 

 

count 12 working day from when the RECIEVED IT

 

then you can with hold any payments until such a time as they satisfy your legal request (if they satisfy it)

 

if your talking about the default on your credit report, thats a different story, youll have to wait until they dont produce documents (if they dont)

 

so can you answer my questions above and ill help you from there

[alanfromderby]

It is easy to get bogged down in the technicalities of all this, but for the moment I would just wait and see what happens. My suggestion to mention the FOS was in relation to IF/WHEN they threatened enforcement action AFTER they had committed an offence under the CCA.

 

At that point you are in control of the situation, and can make the decision on how to proceed.

 

One of those routes is the FOS route, which would involve using the DCA's newly set up (theoretically) complaints procedure - at which point you may find that they will throw in the towel.

[purple**princess]

Thanks Kenny,

I sent the CCA request last Tuesday, they received it on the Wednesday 11th April (as per electronic proof of delivery - I sent it recorded)

12 days from when they receved it = Monday 23rd April (or if it's 12 working days then it becomes Friday 27th April)

So I just sit tight until one of those dates? (which one?)

I know I'll have to wait re the default removal, just wish I'd found this site earlier and I could have started the whole process a lot earlier!

[alanfromderby]

It is 12 working days + one calendar month.

[kennyparkroad]

ok they are in default on the 27th April

 

sit tight and wait to see what happens till then!

 

thats all you an do, but if you get any other updates come back to us

 

[purple**princess]

Thanks Alan and Kenny, will keep you posted.

It's such a nice little community here, everyone's so supportive, it's a relief to be able to talk to someone about it, am too embarrassed by my financial situation and history to talk to my friends about it :o

[kennyparkroad]

trust me we have all been there!

 

if we can help people deal with their debt so that they learn better next time , then oh hell yeah we will do that

 

im 24, and im hoping to wipe out most of the bad stuff on my credit file so that i can essentially start again with "more mature" attitudes towards debt and borrowing! lol

 

Kenny

[spiritgirl59]

Thinking of you and rooting for you

 

Don't be embarrassed - since I found CAG and mentioned to friends/family that I've been getting such a lot of help, I've lost count of how many have said to me that THEY have financial problems which they haven't talked about but are now going to come on here, read the FAQs and get the ball rolling. There are many many people out there in our shoes PP, its just great we can now take back control because of this site;)

[purple**princess]

Thanks Kenny and Spiritgirl, your words of support are appreciated. I want to clear the bad stuff off my file then work towards clearing credit card debt, have already cut the card up!! I too want more mature attitudes towards spending and borrowing.

You know the most ironic thing? I'm a teacher, and I feel so hypocritical when teaching personal finance and the skills of budgeting, pitfalls of not planning, etc. Especially seen as recently with my Yr 13 tutor group we've been covering student finance when they get to uni, and talking about how credit cards are a bad idea for them, etc, I really wanna say, LEARN FROM MY MISTAKES!!

[kennyparkroad]

ah why not CCA all the people chasing you for money, thats what i did, and ive knocked a hell of a lot out the park! lol

[purple**princess]

Kenny,

I am doing, the only people chasing me for money are TBI, and T-mobile (separate thread) I have a CCJ from God knows who, which drops off in November this year. I also have an entry from HFC (original creditors who sold debt to TBI) with a status 6 for the same account with special instructions of "Gone Away" I've moved around a lot since I graduated due to personal reasons. I recently had a call from J2 solutions on behalf of Mackenzie Hall (it was by Googling them that I came across this site) about another debt, but nothing showing on my credit report re that debt so will deal with that when I need to (should become statute barred soon) they haven't contacted me by post as they have with others on this forum.

[kennyparkroad]

good stuff,

 

hoping for ya!

[make them aktiv runners]

Thanks MTARunners

 

I'm a tad confused, the default ocurred well before 5th April this year. And going by the info on tbern's thread, I don't have a leg to stand on in terms of reportin the to Financial Ombudsman. Or am I being really daft? If TBI default and then commit an offence, as this happens after 5th April can I then report them to FOS?

 

Default on account date irrelevant. After 12 working days (+2 days to allow for postage) non-production of the CCA make it unenforceable. Should they then start sending letters requesting payment they are in breach of OFT guidelines. At this point you can write to the DCA's internal complaints officer with a complaint about receiving demands for payment when the DCA is in default. Realistically the response you get should be that they will not chase you again unless they produce CCA (but then again they may well incur FOS fees on a few cases to see what the Ombudsman rules).

 

NB. They are in default after 12 (+2 days). Production within the additional 30 days grace is only to avoid them committing an offence reportable to trading standards.

[purple**princess]

Thanks, aktiv runners, that's cleared alot up, will post more on here if and when I hear from them