CCA TBI/HFC Questions!

[angelic]

I have received a letter from TBI Financial Services relating to an old HFC/Beneficial Finance debt as mentioned in an earlier post.

 

I have not as yet replied to them even though the 14 days for payment are well and truly up.

 

I took out this loan in 2002, defaulted on it, paid scotcall for over a year, they said HFC had requested they close their books on me, then I've heard nothing until now, 2 years later.

 

Anyways, I am waiting for a second letter before I CCA them.

 

My query is this. Whilst the debt was with Wescot (prior to Scotcall) I disputed the amount owed. They said that I owed £6500 in total on a debt which I could only recall being £1800 plus £850 on an old pc debt that they had consolidated.

 

I received from them in 2004 an envelope containing all of the paperwork they had relating to me: a copy of my direct debit mandate, a copy of my passport, a copy of the PPI agreement and a copy of the account set up form.

 

Back then I didn't have a clue about my rights and CCA's, which is why I took this to being all the necessary documentation. I therefore started paying £50 a month to clear the debt. It was passed to scotcall who I continued paying happily until the file was closed.

 

I still have the documents that Wescot sent me. Now that TBI are chasing the debt, I will CCA them. And I am assuming that the documents I have are the only ones they have.

 

Does the account set up form constitute anything to do with a CCA? It doesn't state consumer credit agreement anywhere.

 

It does however, state 60 x £116 payments, with a PPI payment of £450 and another abreviated payment of £250.

 

At the bottom it states that the loan is £3800 net of interest. There is no interest breakdown.

 

I have signed the form, however it seems I have signed for the PPI as the term lists "I understand that the first payment will be for PPI" etc.

 

So, would this be classed as any shape or form a CCA? The interest would amount to £3,160 !! on a £3800 debt.

 

Any comments or answers are as always greatly appreciated.

 

Joanne

[angelic]

Bump!

[spamheed]

A CCA is a single document, which shows the terms and conditions applicable to the agreement governede by the Consumer Credit Act the documents you have listed would not constitute a CCA.

 

asking them for a CCA now, would in no way validate their claim, or acknowledge the debt.

 

in the templates library use letter N.

 

sign nothing and do not speak to them on the telephone

[angelic]

Thanks for the reply. I'll CCA them on Thursday as I received letter 2 from them yesterday.

 

I think they've bought the debt for very little and are clutching at straws as it was quite a nice letter saying they were trying to help me - by adding 3k on to a debt yes very helpful lol.

 

Anyways I'll CCA them and see what that produces. If they have the agreement then fine, I shall go to the Financial Ombudsman as to why I was told it was written off, hearing nothing for 2 years then all of a sudden they get in touch.

 

And if they can't supply me with a CCA then I'll send the letters so helpfully supplied throughout this forum.

 

I shall keep you posted on the subject though, and as usual ask any questions if I think something doesn't sound quite right!

 

Thank you

 

Joanne