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Unenforceable debt - TBI Financial Services
genuinegal
Posts: 94 Forumite
Hi guys,
I took out a loan around 1999 with HFC bank which eventually lead to me being unable to pay the monthly loan installments. The debt was originally with Moorcroft then changed to TBI financial services whom Im aware doesn't have the best reputation....
Now, i've been making regular payments to Payplan (for about 5 years) and i've received a letter from TBI today basically threatening me. So I phoned my Payplan case officer who confirmed that it's just a ploy to scare me and is computer generated. I then proceed to phone TBI to ask them what's going on and they said they hadn't had payment since Jan (which is rubbish).
I googled TBI today and came across some interesting information. http://www.tbi-financial-services-ltd.dpcregistry.co.uk/
I don't know how credible this website it but pretty much found the same information on other consumer action group websites. I am interested to know................. because my debt was taken out 11 years ago - prior to 2007, can i challenge the debt as unenforceable because of a change in the consumer credit act in 2006? I'm not exactly sure what these changes imply with debts incurred prior to 2007 (can anyone go into details about this significant change?) because ALL of my debts are 11 years old and if there is anything I can do to close the accounts/challenge the creditors then it would be great :j
I appreciate your time and support offered - thanks.
Emma
I took out a loan around 1999 with HFC bank which eventually lead to me being unable to pay the monthly loan installments. The debt was originally with Moorcroft then changed to TBI financial services whom Im aware doesn't have the best reputation....
Now, i've been making regular payments to Payplan (for about 5 years) and i've received a letter from TBI today basically threatening me. So I phoned my Payplan case officer who confirmed that it's just a ploy to scare me and is computer generated. I then proceed to phone TBI to ask them what's going on and they said they hadn't had payment since Jan (which is rubbish).
I googled TBI today and came across some interesting information. http://www.tbi-financial-services-ltd.dpcregistry.co.uk/
I don't know how credible this website it but pretty much found the same information on other consumer action group websites. I am interested to know................. because my debt was taken out 11 years ago - prior to 2007, can i challenge the debt as unenforceable because of a change in the consumer credit act in 2006? I'm not exactly sure what these changes imply with debts incurred prior to 2007 (can anyone go into details about this significant change?) because ALL of my debts are 11 years old and if there is anything I can do to close the accounts/challenge the creditors then it would be great :j
I appreciate your time and support offered - thanks.
Emma
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Comments
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p.s - i've read somewhere that I should ask for a copy of the original agreement which I signed when I took out the loan, but I don't know exactly the reasons why I would want to do this, can anyone explain please?! Thank you so much
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2 things to say
- Never phone these people or give tehm time of day if they ring you. It gives them carte blanche to coerce you and bully you - all without comeback, because it leaves you with nothing to prove what they actually said. Always write and only acto written communications to you.
- If the debt has been accepted onto your DMP by Payplan, it should have been checked at the time for being statute barred. This requires 6 years without payment or acknowledgement of the debt by you. If this was not the case when you went with Payplan, it won't be the case now.
Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Hi, thanks for your reply
What does statute barred mean?
Funny but, when Payplan sent them the financial statement months ago, they never responded back to payplan to accept it......the payments have been going to them however.
I'm going the CAB on monday because I want to know what the change in the CCA 2006 will mean for this particular debt.
Thanks again,
Emma0
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