Help on best course of action - TBI Financial chasing old HFC debt

[AndyACB]

Hi there,

 

I have received a letter from TBI Financial services solicitor regarding a debt which is well over 6 years old (I believe in Scotland it becomes statute barred after 5?). I believe the debt may be mine but I have had no correspondence regarding this for well over 6 years and not made any payments for longer than that. The sum stated in the letter seems way in excess of any loan/agreement I had in the past.

 

The letter received states:

 

"We are solicitor for TBI who are the Assignees of the benefit of the Credit Agreement you had with HFC Bank.

 

Please take this letter as formal notice on behalf of TBI that, by an Agreement dated 17th December 2004, HFC sold and assigned all of their rights, title and interest in and to, inter alia, the Credit Agreement which they made available to you and any related security and guarantees, to TBI.

 

We are instructed that there is the sum of £5xxx as at today's date owing to our client company on this Agreement, and we are further instructed that unless we receive either your realistic proposals for clearing this sum by 7th February 2011 or a bankers darft for the full balance outstanding, proceedings will be instituted against you for the full balance outstanding without further notice. We must advise you that should proceedings be issued then you will, of course, be liable for all additional costs and expenses which the Court may award against you, in addition to the sums quoted above.

 

We also put you on notice that it is our client's intention to enforce any judgment obtained against you by way of Letters of Inhibition given your interest in the property at XXXXX.

 

We trust this will not be necessary and look forward to hearing from you by return."

 

Help and guidance would be gratefully appreciated!

 

Andy

[alfwithhair]

Well and truely statue barred then.

They are just chancing their arm

Send them the SB letter from the library. If they continue to pester you after sending it, report them

[AndyACB]

Thanks Alf, was thinking of sending off the no knowledge of debt letter - should I just go straight to the statute barred or maybe a mix of both - i.e. no knowledge of the debt and even if I did it is statute barred?

 

Thanks again!

 

Andy

[alfwithhair]

If you are certain you have made no payments or acknowledgement in over 6 year (5 in scotland) then go straight for the SB letter.

 

Make sure you send the correct version if you are in scotland.

[Revenant]

Hi Andy

 

Welcome to CAG

 

As I see it your responce could be a Stat Barred letter if you're sure about the facts re last payment/written acknowledgement or if you need a bit more time to have more of a think send a Prove it letter (All letters can be found in the Library at the top of the page . . http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library)

 

It's up to them to prove you actually owe this alleged debt not for you to prove you don't and it seems that as per usual it's a DCA chancing it's arm and relying on scare tactics and you not knowing where you stand

 

Good luck

 

R

(I've been alf'd)

[AndyACB]

Thanks guys, will send them off asap and will update with progress.