Amusing emails between my partner and "ken" @ TBI Financial Services (Re: alleged Lloyds account)

[BASFORDLAD2]

I just thought i would cut and paste these emails for your reading. I like the part where Ken says he is aware of my invovlement with these forums! (my partner using my email address for these emails)

 

Dear Ken

Your company has contacted me in respect of the above account which you claim is owed by myself

It is my understanding that under the Limitation Act 1980 Section 5

"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".

I would also point out 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 correspondence or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period underSection 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I we look forward to your reply.

K

 

I am able to confirm safe receipt of your previous e-mail in which you refer to the following :-

Limitation Act 1980 Section 5

"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"

 

Sadly, whilst it is apparent you clearly recall this account, you do not yet fall outside of the 6 year period to which you refer. With that in mind, I have issued you with a statutory notice of default and should you fail to comply with its terms, then steps will be taken to enforce the agreement.

Regards

_____________________________________________________________________________

Hi Ken

 

Thank you for your response.

 

I can advise that the only steps you may take to enforce this agreement are to sue me via the County Court.

 

i withdraw the implied licence for you to send any one to the property (debt collector, no powers etc etc)

 

I also do not believe the is a signed credit credit agreement

 

This will be the final correspondence that i shall enter in to unless you issue a claim at the county court or via the money claim online service. If and when i receive this i shall request you prove the agreement exists under CPR

 

Therefore unless i receive stamped papers with the next 14 days i shall consider the matter closed

 

For avoidance of doubt any court action you take will be heard in my County Court

 

Regards

 

K

 

_____________________________________________________________________________

You may wish the matter closed unless you receive stamped papers within 14 days however, sadly that will not be the case, with this company prepared to take the matter to court, in our own good time rather than on a timetable stipulated by you.

 

You may also withdraw licence for this company to send someone to your address to obtain payment however, should we believe this may assist us in recovering money that was loaned to you by the Lloyds banking group, then this action will too be considered.

 

I note you will not enter into any further correspondence however, we are obliged to write to you before considering litigation and will of course do this at the appropriate time

 

Regards

 

Ken

_____________________________________________________________________________

 

 

Ken,

 

If you choose to send a field agent or what ever they like to call themselves, they shall be removed from the property forthwith and if they persist the police will be called.

 

As you are aware debt collectors have no more rights to visit me and i will not deal with any third party debt collector at the door

 

In regards to the paperwork you sent me (the income/expenditure sheet) i shall not be filling this in as you have no right to this information.

 

I therefore await your next letters with great interest and look forward to defending any action you wish to bring in the near.

 

Cheers

 

K.

 

P.s the good folk on various consumer forums will help me compile a defence against your company

 

_____________________________________________________________________________

Alternatively, you could just repay the money that was loaned to you in good faith and which has clearly been spent by you. I really don’t understand your reluctance to repay this money and the fact that you seem determined to take every possible step not to repay it.

 

I believe that I can demonstrate to the County Court that this company has given you every opportunity to make an offer of repayment and whilst you may enlist the help of several consumer help groups, (I am aware of Phil’s involvement with these) however we be successful, you will of course fall liable for any costs incurred. I am sure you are aware of this.

 

This will be this company’s final e-mail on the matter

 

Regards

 

Ken

_____________________________________________________________________________

 

 

Hi Ken,

 

As you will know the matter is not about paying what money may or may not have been loaned to myself.

 

The fact you can demonstrate to the court that your company has given opportunity to make offer of repayments when the alleged debt is in dispute is really not relevant

 

I would therefore suggest that you do your normal chain letters etc etc, get those out of the way and then issue myself with a Claim.

 

I would also suggest you save yourself the fees if you don't have a signed consumer credit agreement as your claim will not not succeed otherwise

 

I shall then apply for costs @ the litigation in person rates against your company

 

This is the last email from myself,

 

I therefore look forward to receiving Court papers when you are "good and ready"

 

Regards

K

[cerberusalert]

You should have referred them to the response given in Arkell v. Pressdram (1971).

[BASFORDLAD2]

I dont think they will issue a claim, found out the alleged debt will be statute barred in 22 days anyway

[BRIGADIER2JCS]

Is that 22 days from the default date or the cause of action ie the date when a payment was due and not made after which no further payment was ever made?

[BASFORDLAD2]

It would have been the date a payment was last sent to the account

 

I must be well know if ol'ken knows of my involvement on these forums

[Bazooka Boo]

You should have referred them to the response given in Arkell v. Pressdram (1971).

 

Took the words right out of my mouth! All of his childish email should be forwarded to the OFT&TS, your local MP, the press/media and BBC watchdog, give the rest of the country a ruddy good laugh!