Thread: HBoS being weird

Hi folks,

I recently sent a CCA request to Halifax regarding a loan I have. The letter was sent back with the postal order, and also something from Halifax saying the payee details were incorrect. As far as I'm aware, as this is a postal order, they can just cash it. If I'm wrong, could someone please tell me what to write on it? I left it uncrossed when the Post Office asked me, so I'm not sure if that has anything to do with it.

Secondly, I called them earlier today to ask what payee name I should put down on the order for my CCA request, but the agent on the phone said that I didn't need to pay for a copy of my credit agreement, and that he'd order one for me. From reading various threads on this site, I think that's wrong. Has anyone else been told this?

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The one pound is the maximum statutory fee. They can wave the fee if they want the date of your request still stands as do their legal obligations to supply a copy of the agreement.

Ahh...... ok. Thanks Rory

I've just received my credit agreement back, and it looks like they may have made an error. The figure they quote under Total Loan includes insurance, but I'm not sure if I took any out. Is the insurance the same as Personal Loan Repayments Cover?

Oops... I've just read the agreement a bit more closely and it says 'We will use the insurance loan to pay the insurance premium to the provider of Personal Loan Repayment Cover'. I just confirmed with someone in their loans department how much I originally borrowed and they are quoting the amount including the insurance. The Personal Loan Repayment Cover box on my form is unticked, so now I'm sure I didn't take out any insurance. Does this mean the agreement is incorrect?

I've managed to scan the copy of my agreement, which I can post later. If someone could help me with posting it, and going through it with me, I'd be eternally grateful. I've been checking out the interest rate calculations and it looks like they may be wrong, too. They're only out by around £100 altogether, but they're still wrong.

Is anyone having trouble viewing the attachment?

Here's the attachment again. Credit agreement.pdf

I think there was a prob with the other.

Thanks, Martin

Hi ML. I had a look at your agreement but want to just check a few things before giving my opinion on it. I'll get back to you tomorrow.

OK, Rory. Thanks.

monkey- if you didnt ask for this insurance (PPI Payment protection Insurance), the agreement is toast!

If you didnt ask for it, you dont have to pay it back and the agreement is unenforceable due to the fact that the unwanted PPI was added to the amount borrowed thus making the interest rate incorrect.

In fact, you can take action against them to force them to repay all the money you paid for the unwanted PPI- plus all interest charged on the PPI.

They are screwed.

Thanks for the assistance, folks. A donation will be on its way as soon as I have everything sorted.

Hi There.

I took a look at your agreement for the Loan Insurance. I noticed that you covered up the signature in the Loan Insurance Signature Line. Did you actually sign it here as well as for the loan.

If you did sign it, then not ticking the box may just have been an oversight on your part. Any court would ask if you read what you were signing.

A Credit Agreement only requires 1 Signature from you.

If you signed it in 2 places, you may have actually signed for the Laon Insurance aswell.

Not entirely sure about this. You may need someone with more legal expertise in Contract Law.

Good Luck anyway.

Ah, I see what you mean.

I've been thinking about this, and I seem to remember Halifax sending me another form, which, IIRC, was orange in colour, and mentioned PPI on it, but I never sent it back to them.

A quick update on this.

After doing some brain storming with the flatmate I had at that time, I remember not requesting the insurance on my policy. I've since had a letter from HBOS (it arrived on Friday 24 July) stating that they will pay all the money for insurance back. The tone of the letter suggests that they are dealing with it like a mis-selling case, when that's just not correct. I didn't tick the box on my agreement, as I didn't want the insurance but they stuck it on anyway.

I'd like to do a full reclaim on the loan, as I think HBOS should be punished for this, as I see it as theft. Do I have any grounds to take them to court and get them charged with a criminal offence? Also, if I do do a full reclaim I've heard that this can stay on your credit history. I obviously don't want this to happen and so would appreciate advice on avoiding that outcome, if possible.

Thanks in advance.

You are also entitled to have all the interest returned that was charged on the premium. ;-)

No, it wont make any difference to your credit report.

Want a hand?

Originally Posted by noomill060

monkey- if you didnt ask for this insurance (PPI Payment protection Insurance), the agreement is toast!

If you didnt ask for it, you dont have to pay it back and the agreement is unenforceable due to the fact that the unwanted PPI was added to the amount borrowed thus making the interest rate incorrect.

In fact, you can take action against them to force them to repay all the money you paid for the unwanted PPI- plus all interest charged on the PPI.

They are screwed.

I told you so.