I've had enough too. I will never post on this forum again.

I fully understand that a request for a CCA makes no difference to the 6 years etc. Let me recap this debt will be completely statue barred 100% in a matter of three months regardless of what they do or supply period end of. As it stands if they are able to provide a copy of statement of account they will see the last known payment being a few months on so giving them more time to pursue this. If they only have the date of the CCA, then yes it is now statue barred. I don't think they have the statement of account but i cn't be sure at this stage until maybe i request it? Back to my original question what letter should i now sent them?

Thanks for looking, The CCA request i sent them to be fair only asked for the CCA under the Consumer Credit Act (Section 77-79) In answer to your question this will be statue barred guaranteed in three months time last payment 100%. I send them a limitation act letter when this all started many months ago and they replied saying it was not statue barred and was only able to give the date of the CCA as a reason for it not being so (this date has now passed 6 years). I know the last payment date but don't think they have that information. There was only three payments ever made on this debt from when it was taken out ie: the original CCA date if that helps. I don't want to give too much info just in case they are looking in

Hello and thanks for looking in, I will keep this brief and give the facts to date and hopefully you may be-able to help. This account will be statue barred in March next year official (last acknowledged payment) The CCA send was Capquests only known last acknowledgement details they have of this debt this has passed last week. so gone 6 years maybe i could send the limitations act letter again which may force them to prove proof and details of last known payment possible as i don't think they have this? They have only sent the CCA after my request, no statement of account, payment history or more importantly for them last known payment. No deed of Assignment either. Given info above what do you think would be best to request from them first? 1) Deed of Assignment? 2) statement of account? 3) Or just send them another limitations act letter?

Hello Bondie40, Thanks for the reply and the information you told me which is helpful so far i have not recieved any more info from Capquest regarding the CCA request. I'm going to wait it out i suppose there's not too much i can do until they write or supply something it's been a week since the SAR was supplied from HBOS but nothing from Capquest at the mo. Will update as soon as i have any new information. Let hope nothing comes would suit be best.

I have now had a chance to look at the subject access request sent from HBOS. A couple of points if any one can help or confirm...'' The CCA looks consistant all the terms and conditions detailed seems to be correct with signatures. However they have not supplied the default notice only a statement of the account which lists the payment record. My main question, Can they use the statement of account as court proof of last known payment and the acknowledge of the debt 6 years from that date? Or do they need the genuine default notice of last known payment, I have the original default notice which does exist, but HBOS have not supplied it as part of the Subject access request. What i'm trying to clarify is without any evidence of a default notice the last record of this loan would be only the CCA/Date etc. If so then it's looking good it would then be statue barred in a matter of weeks, main question if any one knows the answer, can a statement of account be used as evidence of last payment record in a court?

Hello Blondie40, Any constructive help or advice is fully appreciated you are right in what you have said i have since spoke with a freephone debt help number about following up a PPI claim he said the downside is i would acknowledge the debt in doing so....i need to think more about this..''

Hello to all looking in, I subject accessed requested HBOS for a bank loan almost 6 years old by about a few months now. Capquest are pursuing this debt i have asked them for a copy of the CCA which was done at the same time as the SAR. So i am presuming since HBOS have supplied me with it no doubt Capquest will also receive there copy in response to my request to them. I am kind of expecting a letter from them with the supplied CCA. I 'm kind of debating my next move since it will be statue barred in a few months. The PPI on it was overcharged should Capquest supply the CCA if i started a claim for PPI would that then keep the account in dispute? By claiming for PPI that would maybe mean i am acknowledging the debt? I just need to delay Capquest for a little while basically.....''

Emm, not really life's pretty good to be honest. I still feel apology was in order and i have done that which makes me feel better as i was rude to dx. I'm sure it will accept that and allow us to move on.

Yes your right i am wrong and fully apologise. I do appreciate all help and advice from those who take the time to post and help.

Sorry dx, i fully apologise my choice of words were wrong. Thanks for the info i will read up on what you have said about re-claim PPI.

dx100uk, Someone with your time on the board....'' Who cares if it exist...'' The issue is does it need to be paid 25,000 pounds my friend. I refer back to me thread is the CCA en-forceable as per the original CCA. If so then no worries this debt will be statue barred in a few months i'm sure i will find enough delaying tatics to bring me to that point. And yes although I/HIM will always forever owe the debt it can never be enforced.

Sorry bud, you have confused me and maybe yourself. If the debt is un-enforceable..................then it will not need to be paid. So if you don't need to pay it because it's un-enforceable then it does not exist does it?

Hello and thanks for the reply, Here is the CCA for those who wish to see i'd rather not claim but would be more interested in it being un-enforceable let me know what you think...'' CCA230001.pdf

Just to add the sticky also claims that you should have two seperate signature boxes for the Loan and one for the PPI. I understand from reading the sticky thread this become law from 2005 onwards?

Thanks to all with the knowledge who may be looking in. Basically I have requested a CCA from a DCA. If they don't produce it great an early night for us all. On a serious note if they do then i need to address the matter as per my thread title. I have read the sticky on Mulitiple Agreements which is both interesting and encouraging. The CCA Agreement i have is a Multiple Agreement which shows the breakdown of the loan which is ok all neccessary figures details are there. But the PPI is listed as one amount and just added on like loan (A) + (B) Credit Insurance PPI No breakdown of the PPI amounts in any way and only one box at the bottom of agreement where the customer has signed technically for both loans. The Multiple sticky thread claims that you may add the two amount together but you still must show the breakdown of the PPI in the same way the Loan is shown. If not then the agreement is unenforceable...'' The agreement i have fits this description exactly and is from Oct 2004 Any info or advice greatly appreciated i will approach a solicitor in this matter if i feel i have a case here and this holds true.

It was no typo i said it was 15,000 + the actually true figure is 25459.00 That really is life changing money for my friend if it has to pay that!!

I appreciate your help, advice and interest we are talking 25,000 pounds so they will really want to get this one in. :-| In answer to your quiery, One of there first letters states clearly they have purchased the debt. As you have said i can only wait it out. For me now it's until next week Saturday that's there 12 + 2 days passed. Also Bank of Scotland with the SAR, let's hope it's all been lost in time.....'' I will post back with info would love to win this one as it's big money...''

I SAR the Bank of Scotland. i did not include the wording above to the Bank of Scotland. I have only requested the CCA from the Debt company. I stated clearly in my letter to the Bank of Scotland no information is to be used or shared with a third party in any way.

Yes the debt is my friends i'm helping him, We are talking 15,000 + big money Capquest, No acknowledge has been made of this debt in any way. Yes my request was for the CCA and does not acknowledge the debt in any way. I also have SAR the bank in question. Capquest only have the date of the agreement start which was October 2004. They have no records of payments made as there is no info on Credit reference agencies or defaults CCJ etc nothing they are totally in the dark like i was lucky for me my friend found the original CCA/DEFAULT + just three payments made only. So i could statue bar this in October even if they produce the CCA. This is so close to call and near the finish line i can't let them swing this there way.

I totally agree, it's desperate measures yes lets hope they don't come up with the CCA that's the best way forward job done. Thye reason i'm talking of the above is even with producing the CCA this debt is statue barred maybe as early as October so any delaying method if somewhat crude must be looked at especially if it's serves the purpose of winning this fight.

Well they don't send anything recorded. So proof of posting is not proof of someone receiving. An item sent recorded delivery to a person who has not signed for it could not be deemed received in a court of law, that just plain common sense. I don't want to start a debate, but one question why do you always speak like you are representing them and able to answer as they would? How do you know they won't be concerned? Have you any experience helped people in this matter or are you just using a wild guess on what you think may be the answer.

Thanks for the reply i fully understand. There is no record of this on any credit file. The CCA was started in October 2004. That's all the DCA known. I know the last payment was in March 05 so Statute Barred in a good few months so not sure i could drag it out that long....'' At the moment i'm leading them to believe they have the wrong person

Firstly many thanks for your reply, Can i ask one more question given you answer, So the 12 + 2 days apply for them to produce a CCA. After which time the account is in default so nothing can happen whilst at this stage. However since you say the 30 days rule has long gone, they could in effect produce a CCA after two months/12 months and if valid they are back in the driving seat?? !! Am i to presume it's accepted if they don't come up with the CCA with the 12 + 2 timescale it usally means it can not be sourced?? Or do DCA's now take there time because there is no time limit and have been known to produce it after many months later?

Hello to those looking in, I have just a couple of questions regarding a CCA request. I have sent a request to Capquest for the CCA, I understand they have 12 + 2 days to comply. After that they are in default. My first question if they produce it say on 20 days can they proceed straight to court? (presuming it's a valid agreement etc. ) My second question is let's say they send the agreement within 12 days, or even within the 30 days and by normal post whose to say i received it? Doesn't this work both ways? Even if they sent it within time where's the proof i actually received it? Could i not just say i did not receive anything and proceed with saying they didn't not provide the CCA with the max time of 30 days and then send the letter that they can no longer pursue to debt? Even if they send it recorded i could even send the letter back no signature return to sender? Then they could not have any proof they supplied the information within the time scale. Any views or opinions on this would be welcomed.