Hi DX, No I have not done a SAR yet - I emailed their loans department and they forwarded the payment schedule. Do you think it is worth SAR? It's a 2007 loan agreement that was paid off so would they still have that info? Also do you know of any other way to identify how much the PPI Component was? Best regards Mal

Dear Everyone, I am going to submit a PPI claim for a Ford car loan I got from a ford dealer in 2007. The ford sales man said the PPI was compulsory to get the loan. It was my first car loan. I have a print out of all the payments made, and the final balance being cleared which HBOS provided me. However, the monthly payments are the aggregate of the loan repayment + the PPI. I don't know how much the PPI component was and don't have the original documentation or loan agreement, but have proof of the loan and it being paid back. My question is: Do I need to know the exact PPI number? Or, can I submit the letter stating that the loan had PPI included in the payment and I wish to reclaim the PPI component plus interest? Note, I have a letter from HBOS saying they have no record of the loan. But then I got another department at HBOS to forward me the full payment schedule of the loan and the date the final balance was cleared. As the loan was taken out in 2007, and I don't have an agreement, can anyone advise if I have a chance on this and if the printout that HBOS sent me (after HBOS PPI desk said they had no data on the loan) would be adequate proof and if HBOS will then calculate the appropriate PPI figure from the loan? Any advise would be grand, and if anyone took out ford Finance around 2007, please could you let me know what the PPI amount was per month? Thanks M

Hi Marcus, I know this was some time ago, but I am having a very similar problem with BG and I wondered how you got on? BG put a black mark on my credit file for the late payment of one DISPUTED bill. NB - I paid the bill 15 business days after the 28 day period, but I had disputed it during the 28 day period, and there was no default, as I paid it in full when I was happy it had been calculated correctly. NB - I don't have any credit with BG and I pay via the internet, not via DD, but online via debit card. So, how can they legally tamper with a credit file when I have no CCA with them or any credit and no default? What is their legal justification for this? I'm the same as you - I have never signed anything with BG. The meter installed at the flat I rent calculates the gas consumed after I consume it, just like a petrol pump meter does. No credit…it's just the way their meter works, i.e. one needs to have used the gas before one can calculate what the quantity of gas used is. Any thoughts? The legal control of one’s credit file should be subject to very tight rules & regulations in this day and age, and in particular, access to the file should be tightly controlled to only those who have a legal right to change it. Even then, surely there should be (is there?) a notice/grace/cool of period of say 2 months where someone can rectify the issue prior to black mark, thus giving one time to halt non-legitimate entries or fix legitimate problems? These black marks are an absolute night-mare to act on for Joe public. Large companies treat us mortals as low priority noise, yet the disproportional impact their actions can have on our lives is scary, where we can bash our heads for months to no response. In my case, BG’s action as prevented me getting a credit card, which I need for overseas business travel and to help build my Credit score to get a mortgage in a couple o years...I understand this can last for years so I’m very annoyed, but it’s pointless as society does not have a powerful voice against these large companies, and modern day Government is a complete mismatch from reality. Rant over. I plan to take BG to the matrasses on this one, so any supportive information that would clarify my situation would be very welcome. Have a very ‘Merry’ Christmas and a Grand New Year! Cheers

Hi All, I am not a legal person so excuse my question if this is daft, but with regards to the change here: The Journal Online : Court rules amended before they come into force would the Court not ultimately require the Original document to proceed? I had to look up averment on the internet, and it states: Averment - a declaration that is made emphatically (as if no supporting evidence were necessary) averment - definition of averment by the Free Online Dictionary, Thesaurus and Encyclopedia.. So, before, I thought that if I go to Court, and the Creditor has offered a reconstructed CCA, I could argue it is not legally submittable, on the grounds that it is physically impossible to prove to that a genuine copy is a genuine copy without the corroboration of an original document to compare with the copy. But now, the "averment that such an agreement exists" means that the creditor is saying, "Judge, that agreement exists, take our word on that". Surely however, if I go to court, I can say: "Judge, I don't take the creditors word on that, so can you please now ask the creditor to provide the original document. Moreover Judge, if they do have this document (which the averment suggests), why on earth would the creditor bother bringing an averment that such an agreement exists...when they could just submit the original document rather than offering reconstructed copies or making averments". Therefore, could the act of issuing an averment that such an agreement exists ultimately be an act that the creditor could not defend, if they cannot provide the original document? Apologies if my interpretation is a bit Mickey Mouse, but I just see the words. All the best M

Hi Monty, Thanks for responding. No they have not issued a summons against me to date...any idea of when they normally do this when the account is in dispute? Do you mean that due to the ammount they will issue a summons and that I would be liable for their costs? I say the account is in dispute, but they dispute that...hence the deadlock. Its been in dispute since about Feb 09. They wrote me a letter and stated they could not find the CCA. I'm sure they don't have it - and the reason I CCA requested them, was because I almost agreed to a Managed Loan. I negotiated what I thought was a good deal - they offered to reduce it on the telephone to about 7k. When the Managed loan document arrived - it was not for the ammount we agreed on the phone but for the original loan amount. I then found out about CCA issues. I don't want to go to court if I can help it, but I'm kind of stuffed just now as not earning - so if they do issue a summons I will have to defend, which is rather scary, so I thought I better do a bit of research. Ideally I would hope they will accept my offer to settle, but it’s very low so not sure they will go for it. I would have thought they would consider the financial risks/negative publicity of court action etc versus the guaranteed settlement offer. Do you think it’s a good idea to make an offer anyway? I am worried that an offer to settle will have a negative impact at court. Kind regards, M

Hi Monty, You seem to be ahead of me and I was wondering how you got on? I am in a Deadlock with HSBC for an unsecured loan of 15k and have jus started to challenge RBS credit card. Both banks sent terms & conditions when I CCA requested them, but it was not a true copy of the CCA. I also note your point that not many people seem to be on this site and requesting info for Scottish Law - seems strange? Anyway, I am thinking about sending a letter to HSBC for an offer of Full & Final Settlement without liability. It's a low ball offer but I'm unemployed just now so whether they accept it or not - they will have to accept that I'm not able to offer much. Did you get anywhere with the courts and requesting the CCA document? Kind regards, MR

Hi, This is also my first post so apologies if I make any etiquette blunders. I wondered how you got on with HSBC? I am in a similar position. I sent HSBC a letter requesting CCA and the replied as follows: "...Thank you for your recent letter. As HSBC do not require payment of the statutory fee of £1.00, please find enclosed your postal order for the sum of £1.00. I can confirm your request for information is currently being assessed and we will be in contact in due course. Yours Faithfully". I sent them my CCA request on 3rd of February 2009. They sent the above letter on the 12th of March 2009. I have had no further letter (s) from them regarding the CCA request. However, I also sent HSBC two letters after the CCA request above (have I made a mistake?). In these two letters, I asked HSBC to write of 60% of the principle and offered an ex gratia payment toward the remaining 40% of the principle and a payment schedule to clear the rest of the debt. HSBC did write back to me in answer to this letter where they asked me to call them to discuss. However, they did not agree to my offer in this letter and did not address my CCA request. Therefore, can anyone advise me if my personal loan is unenforceable? I have still not had the CCA sent to me as at Thursday 02/04/09. However, I am unsure about sending another letter to state I don't acknowledge there debt, as I have sent two letters after the CCA request. Any thoughts, or advice would be much appreciated. Thanks Mike