HBOS Cant Find My Account Details?!?

[AFoolAndHisLackOfMoney]

Hi,

 

I have a loan which was taken out through the AA and run by HBOS - currently making reduced payments through their wonderful agency Blair Oliver and Scott.

 

However I wanted to query their policy of charging all the interest upfront so sent a subject access request with cheque for £10 to AA/HBOS and have today received the cheque back with a letter stating that they cannot find the account! (current theres about £25k outstanding)

 

Where do I stand now in terms of payments to Blair Oliver and Scott, so i SJA them or send letter stating the above and dispute payment?

 

Any thoughts/similar experiences of this much appreciated

[BRIGADIER2JCS]

Is this account showing on your credit files?

CCA request to BOS is the next step after checking CRA files.

[dx100uk]

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

post the two off by !st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

[AFoolAndHisLackOfMoney]

HI,

 

I suspect they will have a copy as this is only from around 2009 and Im equally concerned about the validity of front loaded interest ...am I not better going for the full subject access request first?

 

Thanks

[AFoolAndHisLackOfMoney]

and yes this is on my credit record

[dx100uk]

int is always frontloaded..what are you meaning here?

 

yes sar them if you must.

 

dx

[AFoolAndHisLackOfMoney]

Other debts have only charged interest up to the point I was defaulted. AA have charged the full interest that would have been incurred if I had paid the debt in full over the original period I wasnt sure this was leginitmate as I thought interest couldnt be added one the account was defaulted?

[dx100uk]

there is no legal remit to stop charging int once a debt is defaulted.

 

dx

[Peterbard]

Yes if a loan is defaulted all sums under the contract become immediately due. This is a common law requirement on repudiated agreements, in a regulated agreement the procedure is interrupted by the requirement for the creditor to issue a default notice and give 14 days to remedy but thereafter all sums are due(repayments are"accelerated").

 

If there is an early settlement or termination under a contractual clause the early settlement regulations enable a rebate roughly equivalent to the interest that would be paid between the termination and full term.

Edited June 20, 2013 by Dodgeball

[AFoolAndHisLackOfMoney]

Hi,

 

 

After AA Pers Finance sent back my SJA denying knowing of such an account - I have today received a statement from them from that very address - therefore they must have the details - Surely they in beach of laws for this? How should I challenge this?

 

Thanks

[dx100uk]

copy them back the letter you just got to the person that said you don't exist?

 

dx

[AFoolAndHisLackOfMoney]

Thank You. Done. I shall look forward to their response!!

[citizenB]

Hi,

 

 

After AA Pers Finance sent back my SJA denying knowing of such an account - I have today received a statement from them from that very address - therefore they must have the details - Surely they in beach of laws for this? How should I challenge this?

 

Thanks

 

I would imagine you also have a good reason to make a complaint to the Information Commissioner.

 

Something along the lines of. Non compliance with DSAR request saying you didn't exist / cannot find records. Yet just a short while afterwards, they sent you a statement using those same account details which they earlier denied existence of.

[AFoolAndHisLackOfMoney]

I have advised in the letter that if they dont comply they are in breach of contract and as I have proof they do have details of my account then I will take all appropriate measures so I shall await their response at this stage but thanks for the advice, it will certainly be my next step if they dont comply

[AFoolAndHisLackOfMoney]

Well after sending copy of statement and a new sja request. Bank of Scotland have sent later stating the agreement was never completed and so all paperwork was destroyed. If this is the case then surely there is no debt to pay?

 

I intend to send copy of this letter with a CCA request to Blair Oliver and Scott and formally dispute this debt. I'm believe this is the correct action?

 

Surely on the basis of this letter I can insist the credit agencies remove this debt from my credit record? Can anybody point me to a template for this as I can't see one in the library.

 

Finally if I'm disputing several items on my credit record I've read somewhere that its best to try and get them removed on at a time. Is this correct or can I send a letter containing all items. Thanks

[BRIGADIER2JCS]

ALL matters relating to problems on CRA files should be notified to the Data Controllers of each CRA, BUT if you want them amended/removed you MUST contact the company that is now data controller of each account.

 

The CRAs CANNOT amend or remove entries without the leave of the company concerned.

You need to follow this procedure.

 

Register a 'notice of dispute' on each disputed entry on ALL 3 main CRAs.

 

Make formal complaints to the data controller of each responsible company posting data on your files.