Help in a panic - been issued a Default Notice

[KarenMarie]

Can anyone please help? I've been issued a default notice by TBI Financial Services which I need to sort out before 18/10/10. In 1992 I foolishly took out a credit card with Beneficial Bank, got into trouble with repayments and being young and stupid buried my head in the sand. I remember I paid what I could at the time, it's so long ago. TBI bought the debt in Aug 1997 (£1861.35), added Interest in July 2000 of £814.45 ??? and costs in Dec 2000 of £52.88.??? In March 2001 I was contacted by them and started making payments. Recently they decided they wanted much more, which I can't afford, so I asked them for a copy of the CCA. They eventually sent me the application form for April 1992, with no terms etc. They eventually, months later, sent me a separate print out of general T&Cs for the credit card. Now they've issued this default notice for which they want a total of £2524.68! ;EEK Since the initial debt I got married and we've set up home. My husband was laid off work and we're both struggling on IB JSA, a joint claim with my husband being named the main claimant. We're in debt left right and centre and have managed to come to an arrangement with all except this lot. The thing is, I don't know whether this application form counts as an agreement - they've quoted all kinds of court cases in their letters to say it is. Plus, I don't know if the original debt was statute barred when they pursued it, as I have no statements of the original account. It was applied for in April 1992 and I started paying TBI in March 2001. I know it's 6 years to be statute barred but as I say I don't know what date that would have started from and if that would matter anyway as I started paying these 'people' after that anyway. I'd really appreciate any advice ASAP as I'm not sleeping for worry about this. Should I just offer them a small monthly sum just to get them off my back? As I say, we're stretched to breaking point as it is and it's not my husband's debt. Help! ;P-;

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Thanks for the advice HantsAndy. I did PM Niddy and Niddy advised me to post it on the forums. Hope to hear from Niddy soon, A big fan. Or anyone else that can advise. I really need to get something or other done by 18/10, I think. The letters they've been sending from their in-house solicitors David Jones, quote all kinds of court cases about applications being a CCA. I did think the same, that it's not an agreement, now I'm getting confused with all the legals.... Been up since 5am after only going to bed at 2am. Not good... ;P-;

[oscar]

Re: Help in a panic - been issued a Default Notice

Application forms CAN also be a CCA. Howeever, if this dates from 1992, it is very unlikely. If I remember correctly, Beneficial Finance, and Household Finance (HFC) - the latter also did Marbles crads etc, are the same company. When HFC used to issure their cards, their CCAs were very flimsy, and mostly unenforceable.

Dont be pushed about by the solicitors, the date is on there as a deliberate tactic to confuse you in the hope that you will rush into an agreement that doesnt need to be made.

As andy states, they cant do too much without a CCJ, and to get a CCJ, they need an enforceable credit agreement.

You are correct regards the statute barred, and the debt would have been previously if no contact had been made, however, if you have been making payments, the 6 year clock has, unfortunately, been reset.

[Never-In-Doubt]

Re: Help in a panic - been issued a Default Notice

Hiya

Can you confirm the following facts please:

1. When did you last pay - around the time of missed payments? What I mean is, you took the credit in 92, stopped paying when? Then when did you next pay - what was that time gap in-between?

2. What is the current situation, i.e. what is happening with things as we stand?

3. Was this record EVER showing on your credit report?

4. Why have they just defaulted you if you'd not paid years ago? A default should be issued within 6mth

5. This should be SB - in which case you'd lose anything already paid, but the principle remains that it MAY have already been SB'd.

Please tell us a lot more detail, with dates if you can - it'll help us sort this for you.

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Hi Niddy, sorry not to get back sooner - have a million & one things to deal with. In answer to your queries:-

1. Applied for credit 1992, no idea when the payments stopped as I've no information on it. Met husband to be in 1994 so it may have been around this time. Could I ask the DCs to supply me with the last statement on the original account before they took it over?

2. Things as we stand is that I've received this default notice from TBI Financial Services to pay the outstanding balance of £2524.68 before 18/10/10. If not paid they're threatening County Court Proceedings. They haven't given me any option to pay the amount owing under the default. They want the whole lot.

3. Just looking at my credit report now. The debt has never been on there. They did an unrecorded enquiry - whatever that means, on 17/5/10. It says something about me having to have given consent on the credit file - which I certainly haven't.

4. The last payment I made to TBI was received by them on 12/6/09. Then they were trying to get more money off me, which I haven't got. So I went down the CCA route.

5. If it is SB I don't mind losing what I've already paid. That's gone. It's just that I simply don't have any more money to give them, which it seems to be what they want. It would be a massive relief just to get rid of these leeches....

Need to know what to do soon as the 18th is looming quickly.... ;P-;

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Sorry, Niddy - the date I applied for credit was in 1992. No idea when payments dropped off. I was contacted by TBI in March 2001 when I started making payments. I'm really astonished this has never been on my credit file! First time I've looked at it and it's a real eye-opener!

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Can anyone please advise?

[Never-In-Doubt]

Re: Help in a panic - been issued a Default Notice

Hiya

Send this, see how you get on - what you need to do though is amend the parts shown in red, with the amount you've paid since 2001 to 2009 when you stopped paying....

So you'll be adding up all the funds you paid into the debt from 2001 - 2009 then at the end add on 8% interest plus an extra £100 for compo and make the amendments - if you want, i'll do it for you if you tell me the total you paid......

• Dear Sirs,
  
  Re: Statute Barred Account - Numbered - XXXXXXXX
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have foolishly, for the last few years made payments into this account and having since, spoken to a specialist in this area have concluded as follows;
  
  • 1. I last paid this alleged debt back in 1994
    2. You contacted me in 2001 and lied to me by saying this debt was live and valid, all the while knowing it was Statute Barred in line with Limitations Act 1980
    3. You unlawfully received payments from me between the period 2001 - 2009 which totals £XXX
    4. You are now threatening to default an already defaulted account which is a severe breach of both the Data Protection Act & the Consumer Credit Act; in particular s.87 & s.88 of CCA1974
    5. You are now unlawfully threatening me with a Court Judgment which we both know will be struck-out due to the date of debt; there being no agreement containing the prescribed terms and the fact this was statute barred in 2000.
  
  
  I would like to make you aware that under s.5 Limitation Act 1980 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued" - this means, in layman, that you were never allowed to request payment from me as the debt at the time you took ownership was ALREADY Statute Barred. Are you aware that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made in 1994 and I started to unlawfully pay into the account again from 2001 which is quite clearly 7 years and more than exceeds the Limitation Period as quoted. The fact you harassed me into paying into a disputed, statute barred debt is in itself a punishable offence and a report will shortly be sent to the regulatory bodies for investigation into your unlawful tactics. The OFT Debt Collection Guidance further states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".
  
  Regards to your threat of CCJ, I welcome this action and beg you to do it - I will defend any action and counterclaim for all monies paid since the limitation period plus interest at the standardised 8% per annum. So please, whenever you get a chance send me a N1 form with your claim and particulars - i'll defend using the exact claims noted at the top of this letter, with my colleague as a Litigant in Person aiming for a total strike-out with a counterclaim for costs and refund of monies paid with additional compensation added.
  
  Now, I hereby offer you an alternative option, stop playing silly buggers and refund my money already paid, close your file and walk away otherwise you'll find my taking legal action against you; moreso for your evident breaches of varying Acts, your bullying tactics to make me pay into a lawfully statute barred debt and subsequent misled threats about what you'd like to try and do to me. You have no rights here whatsoever, you messed up and now you have to accept the consequences of such a mistake. There is no getting away from the fact that I have proof that a default has already EXPIRED for this account (as you're no doubt aware an account can only be defaulted once); also you claim you can attempt a CCJ - really? You don't think the Judge will ask you why it has taken you near n 16 years to collect the monies? Even I know that a judge will not entertain such nonsense and I sincerely hope you think twice prior to starting action against me!
  
  I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed, along with a refund of unlawful monies paid totalling £XXX plus interest at the rate of 8% per annum = £XXX.XX. I also claim the amount of £100 as compensation for your shortcomings, which I feel is an extremely generous request being you've caused me extreme heartache and harassment for almost 10 years now. Therefore the total claimed is: £XXX.XX. Alternatively, please send me the court papers and i'll see you shortly where I will be defending any claim as unlawful and vexatious.
  
  Yours faithfully
  
  
  Sign Digitally

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

WOW - Thanks NIddy. That's a powerful one!

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Thanks Andy too... Will have a go and see what happens...

[Never-In-Doubt]

Re: Help in a panic - been issued a Default Notice

Hope you like - best of luck, keep us updated!

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Will do, sending it off tomorrow first thing... ;-)

[livi.till.i.di]

Re: Help in a panic - been issued a Default Notice

Good luck and hope you get the result you want.

Andy

[KarenMarie]

Re: Help in a panic - been issued a Default Notice

Fingers toes and everything crossed. Will keep you informed. Thanks for all your help. Will be on here myself to to give any advice I can to people who need it.

[Never-In-Doubt]

Re: Help in a panic - been issued a Default Notice

Best of luck y