*Subject access request HBOS have supplied documents*

[kathleenbilly]

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.....''

[Blondie40]

You probably won't want to hear from me, but I would think your friend putting in a claim for PPI would acknowledge the debt existed.

 

If as close as you say to being statued barred, personally think they should forget the PPI claim, however if Capquest issue a County Court Claim your friend can always make a counter claim.

[kathleenbilly]

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..''

[harrassed senior]

You have requested the CCA from Capquest so wait and see what they come back with then, removed identifiers and scan and post and the experts can give advice.

[kathleenbilly]

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?

[Blondie40]

Creditors never have a copy of a default notice, usually say they are generated and sent automatically, usually creditor will produce a template DN and computer printout showing date DN was issued and amount of arrears.

 

SAR should have thrown up data from their computer system which would show date DN issued and amount of arrears. Although they are at times difficult to follow, easiest thing to look for is any entries on the date first payment was missed and in the 4-6 weeks following this.

If they haven't sent something showing this then they have not complied with you SAR request in full.

 

IMO a statement of account would be accepted by court as showing payment record (payments made/payments to be made).

[kathleenbilly]

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.