Re: Connaught collections

[lilly white]

who are TBI

[21lc21]

I have been advised that TBI Financial Services Ltd are debt buyers.

[lilly white]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/94826-tbi-financial-services-court-3.html

 

ok sorted, i must admit, i did not know of them.

 

ok,

 

cca them and sar oc

 

get a move on and do it, i will advice as we go a long

[lilly white]

also tell these people in there airport shed to go.............

 

regards lilly

[lilly white]

golden rules stolen from p1 PriorityOne

 

NEVER communicate by 'phone.

Send EVERYTHING by Recorded/Special Delivery

Keep a copy of EVERYTHING sent

Keep hold of EVERYTHING received

[lilly white]

T.B.I. Financial Services Ltd

 

We're listed under Credit & Finance Companies

Tel: 0118 931 3800

 

1st Floor,The Robert Cort Building, 85, Elgar Rd, Reading, Berkshire RG2 0DL

 

 

are these the ones

[21lc21]

Many thanks again for your advice.

 

Im not sure address etc as I have never received any letters from TBI Financial Services direct.

[lilly white]

ok please have a read re NOA

 

Assigning A Debt Or Benefit Of Contract?

 

It is important to first provide the debtor with a notice of the assignment!

 

Other points and issues that should be borne in mind:

 

· In principle, the benefit of a contract can be legally assigned without consent,

provided there is no express prohibition on assignment or, for example, a requirement that consent

is obtained.

 

· Where there is no restriction on assignment, the usual way of assigning the benefit of

contractual rights is by statutory assignment. The assignment must be in writing, signed by the

assignor, absolute (not purporting to be by way of charge only) and notice in writing must be

given to the other contracting party (section 136, Law of Property Act 1925).

 

· If a contract is not effectively assigned under statute, it may still be assigned under

common law by an equitable assignment. An equitable assignment may exist where the requirements

for a statutory assignment are not satisfied. The main practical consequence of an equitable

assignment is that the assignee cannot bring an action in its own name against the third party,

but must fall back on the rules governing equitable assignments and join the assignor as a party

to the action.

 

It is, in any event, desirable for notice of an assignment to be given to the third party because

the third party will otherwise be entitled to continue to make payments to the assignor. Notice

will give the assignee priority over any other assignee that has failed to give notice, provided

there is no knowledge of such prior assignment.

 

 

[snowy101]

It never fails to amaze me.

 

This DCA was getting a regular monthly payment from their "client" , due to there greed & stupidity they thought they could juice her for more money with the bully tactics.

 

She naturally started to worry & look for advice, now [ hopefully] with help from the great people from GAG they will end up with nothing.

 

Will they ever learn?

[babybear39]

It never fails to amaze me.

 

This DCA was getting a regular monthly payment from their "client" , due to there greed & stupidity they thought they could juice her for more money with the bully tactics.

 

She naturally started to worry & look for advice, now [ hopefully] with help from the great people from GAG they will end up with nothing.

 

Will they ever learn?

 

No, not even with the OFT breathig down their necks

[DonkeyB]

Sadly BB, the prospect of the OFT breathing down their necks probably fills them with about as much dread as being mauled by a hamster.

[21lc21]

Hi everyone,

I have sent the CCA request so I will wait and see what happens.

Am I right that I have to wait 12 days from them receiving the letter?

[babybear39]

The timescale for a CCA request is 12 + 2 WORKING days

[ODC]

CONnaught are typical of this sordid so called industry. The Threat Monkeys are driven by greed so they really do not care what lies they have to tell or what illegal threats they make just so long as they get their bonus cheque in order to by their WKD and Hair Gel

[21lc21]

Hi everyone,

Could you please HELP me as I am so unsure about what to do.

I sent the CCA request and I have today received a letter from David Jones Solicitors in Reading stating the following:

 

Due to the age of the agreement & that Barclays obtained a CCJ in 2001, your request under Section 77(1) of the Consumer Credit Act 1972 is irrelevant and misconceived. Our client company has no obligation to reply to the request given that the agreement on which the original claim was based has already been enforced and the client are now relying on the CCJ.

***

Failure to increase payments will leave our client with no optin ohter than to secure the debt by way of a Charging Order against the property.

We trust that this will not be necessary and we look forward to receiving confirmation from Connaught Collection that you have increased your payments.

 

Can anyone help me as I do not know what to do next or whether the information stated in the letter is in fact correct.

 

Where do I go from here?????????

[DonkeyB]

Blimey!

 

Were you aware that legal action had been taken against you in 2001 by Barclays? Barclays seldom take action on their own account so that seems odd.

 

You urgently need to get a copy of this alleged judgment. Have a look here - this will be the quickest way, but it will cost a few pounds.

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

If you weren't aware you had a judgment - or it was obtained in an underhand way - then there is action that can be taken.

 

"Failure to increase payments will leave our client with no optin ohter than to secure the debt by way of a Charging Order against the property."

 

This is an out and out threat. As there is supposedly a CCJ, you could ask the court to redetermine the level of payment - it isn't up to Connaught if this is the case.

 

What a cunch of bunts.

[spamheed]

Hi everyone,

Could you please HELP me as I am so unsure about what to do.

I sent the CCA request and I have today received a letter from David Jones Solicitors in Reading stating the following:

 

Due to the age of the agreement & that Barclays obtained a CCJ in 2001, your request under Section 77(1) of the Consumer Credit Act 1972 is irrelevant and misconceived. Our client company has no obligation to reply to the request given that the agreement on which the original claim was based has already been enforced and the client are now relying on the CCJ.

***

Failure to increase payments will leave our client with no optin ohter than to secure the debt by way of a Charging Order against the property.

We trust that this will not be necessary and we look forward to receiving confirmation from Connaught Collection that you have increased your payments.

 

Can anyone help me as I do not know what to do next or whether the information stated in the letter is in fact correct.

 

Where do I go from here?????????

 

How stupid are these people? they are trying it on and have absolutely no case iun law to ask you to increase your prepayment

 

The important bit is highlighted in red.

 

If as they state this has already been through the court system, then it would have been before a judge, it would have been the judge who stipulated the rate at which this debt should be repaid when the original CCJ was ordered.

 

Unless they take you back before the courts for a variance order, they cannot vary a court order and given that they claim to be solicitors and yet they are attempting to do so without such an order places them on very dodgy ground indeed

 

You should be asking them politely on what basis they make their demand to vary a court ordered repayment schedule without first obtaining a further order to vary the original order from the court and I would also request from them, exact details of when this variance hearing took place and also for a copy of the new/revised order (if you please )

 

If they are unable to provide you with the information you request,(as I suspect they wont be) then I would suggest that you advise them to crawl back under the stone from whence they came.

 

Once they have claimed back, I would suggest complaints to the SRA

[21lc21]

Many thanks for your prompt response.

 

Could you please clarify a few points for me (sorry but im not good on these types of things)

 

The CCJ was in 2001 which is over 6 years old so will it still be shown on any registers??

 

I never received any payment details from a court, I never went to court personally as I was not aware of it.

 

The payment was through Connaught Collections.

 

Any suggestions PLEASE!!!

[sillygirl1]

Tell them that you need the details of the court, it possibly could have gone through Northampton Bulk Court and been sent to a former address... standard tactics for the DCA 'solicitors' unfortunately.

 

I would contacct Northampton court and see if they have any details, and then we can go for a set aside on several grounds, wont go into them now but they exist and can be manipulated as much as the DCAs are trying to do to you.

 

Telling you that a CCJ exists has bcome a standard claim now, you can check Registry Trust (costs about £8) to see if there is a CCJ and when it was granted.

[comebackjimmy]

Hi

 

I respectfully think spamhead in post 42 may be in error in one point.

 

If the situation is that a CCJ has been granted unopposed I would not think at that time the judge would set a repayment schedule, though I am prepared to be proved wrong. His judgement would simply be that the debt is due.

 

An application for time to pay would have to come from the debtor at the time of the CCJ if they were there or had applied at the time, or at a later time if they were struggling, though I accept I could be wrong.

 

Am I right that the statute of limitation does not apply to this as it is a CCJ? (as this has not already been mentioned).

[DonkeyB]

It's 12 years, I think, for a CCJ, but the debt has not been denied (though the OC wasn't aware the case had gone to court).

[spitfire650]

It is my understanding that CCJ's are not enforceable after 6 years without first obtaining leave from the court, which is usually only granted where the creditor can show a good reason for not taking action sooner.

[21lc21]

Sorry but im still a little confused

 

What would be the best process for me now???

[spamheed]

Hi

 

I respectfully think spamhead in post 42 may be in error in one point.

 

If the situation is that a CCJ has been granted unopposed I would not think at that time the judge would set a repayment schedule, though I am prepared to be proved wrong. His judgement would simply be that the debt is due. That is very much down to the judge, it is not mandatory for a judge to order a forthwith judgement, My error was in assuming that the OP knew about the judgement and had submitted (at the time) their I&E)

 

An application for time to pay would have to come from the debtor at the time of the CCJ if they were there or had applied at the time, or at a later time if they were struggling, though I accept I could be wrong.

 

Am I right that the statute of limitation does not apply to this as it is a CCJ? (as this has not already been mentioned) Yes and No, a judge will need to have an explanation as to why no effort was made to enforce the judgement (within the 6 year period) and there have been instances where a judge will simply state that the creditor has had enough time and order in favour of the debtor.

 

If the judgement was brought before the judge, it would be at this point that the income and expenditure of the debtor would be taken into account and a repayment schedule arranged according to these details.

 

However in post #43 the OP clarified that they were unaware of the CCJ being ordered In which case it falls into the same situation as any other "unknown" debt. They need to prove their case, as advised in earlier posts theOP needs to request a copy of the order from the persons making the demands, if they are unable to do so, then what is it exactly that they are trying to enforce?

 

Once the facts are established, and given that the OP have no prior knowledge of the CCJ, it would be the appropriate time to look at setting aside the CCJ and then fighting the original debt (if appropriate)

 

The first task should be to request a copy of the CCJ from these "solicitors" then seek a set aside of the CCJ on the grounds that you were not given a chance to defend, even if the judge refuses the set aside. given the circumstances, they should still look at a reasonable repayment schedule (not based on the demands of the DCA/Solicitor)

Edited January 29, 2010 by spamheed

[21lc21]

I was not aware of a CCJ in 2001. The first I was aware was in about 2004/5 when Connaught Collections contacted me. The only problem is it is my word against theirs!!! My ex husband kept a lot of financial information hidden from me (hence ex-husband). I do not know what happened between 2001 and 2004/5.

 

I would also like to say thanks for your replies it has helped me deal with this a lot better than I would normally.