Please help me solve my Halifax Hell

kydcarmen · 25th July 2006, 15:17

Hello, at the moment I am going through the claims process with nationwide bank, but I am unsure what to do about the problems with Halifax and was wondering if anyone could give me any help or advice.

I haven't used my halifax account for just over a year and I have an overdraft with them from when I was a student. Upto january this year the account was in the overdraft limit. After a few months of threatening letters because the account has gone overdrawn due to interest I arranged with halifax to make monthly payments of £10 as I am now a single parent on benefits. I did send halifax a letter asking for all interest and charges to be stopped which I was advised to do by the CAB

I made my first payment and then two weeks later I recieved a statement, saying that I was being charged just over £16 a month in interest. I found out today that halifax will not cease interest or charges unless I am with a debt management company.

What I would like to know is, can I still go through the same process as I have with nationwide and claim back all charges for that account even though it is overdrawn and has an arrangement attached to it?

Any help or advice would be appreciated, thanks

HadEnough · 25th July 2006, 15:21

the simple answer is yes

kydcarmen · 25th July 2006, 15:23

Thanks for that stern answer!!!! hahaha

I will go ahead and request my statements

kydcarmen · 27th July 2006, 09:57

Just a quick question, when I send the £10 fee with the Data protection letter can it be postal order or does it have to be a cheque. i have a basic account at no frills basic account so do not have a cheque book facility.

nona · 27th July 2006, 10:18

Hi,
A postal order is OK.
Good luck
Nona

kydcarmen · 27th July 2006, 11:27

Thanks nona, I will be posting the letter next week with a postal order.

c_allen · 27th July 2006, 11:37

i took mine into my local branch with LOADS of ID and £10 cash so they couldn't use there normal stalling tactics, and start counting from that day, it's was also loads of fun

watching the confusion on their faces lol, remember to be nice as it's not the counter staffs fault their just doing their job like everyone else

kydcarmen · 27th July 2006, 12:49

How long did it take to get your statements by doing it that way?

David Crabtree · 28th July 2006, 10:01

I just went into the local Halifax and requested the missing statements.They ordered them on the computer system and they arrived within a week, No charge! Try this first perhaps

kydcarmen · 29th July 2006, 10:20

Ok well before I could even send the Data Protection Act letter, Halifax have sent me a default notice, as my account is over its limit ( due to interest). Oh well sttill sending my letter on monday and after that I'm hoping I can tackle the default notice!!!

nona · 29th July 2006, 11:41

Go get em kyd.
Have you read jonni2bad's thread v Halifax? It should give you an insight re default notice

Good luck

kydcarmen · 29th July 2006, 12:11

Thanks, I will take alook at that thread.

kydcarmen · 2nd August 2006, 12:30

Hi, i have a question, I'm just about to send off my Data Protection Act letter but as I have received a default notice letter from halifax stating that the default notice is served under section 87(1) of the consumer credit act 1974. It states that I am in breach of the agreement as I have used my account in a way that I have let it go overdrawn. Now considering I haven't used the account in over a year and it is charges that have taken it over the agreed limit, how can I have used it!!!! Surely the bank has been the only one using it.

Anyway back to my question,, do i send the Data Protection Act letter or the s.10 letter, i'm not sure. Any help would be appreciated. Thanks

kydcarmen · 2nd August 2006, 18:54

Still need advice on which Data Protection Act letter I should send!!!!

Anyone!!

kydcarmen · 3rd August 2006, 18:48

ok, i guess i am chatting to myself, no-one seems to be answering my question.

jonni2bad · 4th August 2006, 00:55

They are answering - sometimes you just have to be patient.

You should, in my opinion, send both a Scetion 10 Notice and also a separate letter to the Haliaf legal department (below) to stress that the debt is formally disputed. In doing this, they shouldn't take any further action until the matter is resolved - banks can be a law unto themselves though, so keep an eye on your credit files and report back anything you find.

Send them by special delivery.

HBOS Legal Services (Retail Division)
Trinity Road
Halifax
West Yorkshire
HX1 2RG

Don't be tempted to talk on the phone to them about any issue in relation to the default or the charges - unless you have recording equipment.

kydcarmen · 4th August 2006, 11:42

Thanks jonni2bad, by what you have said it sounds like I should send 3 letters, the Data Protection Act, s.10 and then a letter to the legal department. Is that what you are suggesting I do?

jonni2bad · 4th August 2006, 14:23

The Data Protection Act letter is the section10 (it is the 10th section of the Data Protection Act).

You should send that and the letter confirming the debt is formally disputed.

kydcarmen · 6th August 2006, 22:36

ok, I think I am getting alittle lost with this one, although I have been advised, i'm still confused. I am about to send off my Subject Access Request letter and as the bank have defaulted me, I am also sending the s.10 and a letter to their legal dept.

Am I right or have i got this all wrong?

please help

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