Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2650 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I took out a Unsecured Personal Loan with Halifax online in December 2011.

 

I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income.

 

This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer.

 

I am now wondering if bankruptcy is the best option.

 

Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?

 

:-x

Link to post
Share on other sites

  • Replies 217
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Did you apply through your on line banking? I would say that it would be highly unusual, to the point of being unheard of, for them not to ask for financial information.

 

If you are considering bankruptcy, you will need to take professional advice from somewhere like CAB - it's certainly not something that you should do lightly. Can I ask if you're employed at the minute?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

Hello there.

 

Are you sure you're under an IVA, who is your Insolvency Practitioner? Was there another creditor's meeting to increase it from 5 to 6 years?

 

 

IVA/DFD thread is here for ref:

http://www.consumeractiongroup.co.uk/forum/showthread.php?436352-Debt-Free-Direct-used-DLA-in-IVA-bound-to-fail-fron-day1

 

 

dx

Link to post
Share on other sites

I cannot see any claim for irresponsible lending at all, Halifax on line apps are pretty comprehensive from experience.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I cannot see any claim for irresponsible lending at all, Halifax on line apps are pretty comprehensive from experience.

 

The only issue I can think of is that they should have performed a credit check - which should have flagged up the IVA.

 

This doesn't appear right in the slightest.

Link to post
Share on other sites

From memory when an online app is made there is an immediate electronic link to the lenders preferred credit reference agency, if this fails the lender then proceeds with the app manually.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If it were Halifax who increased the IVA.. they would almost certainly have known of it ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

If it were Halifax who increased the IVA.. they would almost certainly have known of it ?

 

They cannot imcrease an IVA. That can only be arrnaged by the Insolvency Practitioner - although Halifax can have an input into the decision making process - they have voting powers when it comes to any modification.

Link to post
Share on other sites

What came first - the loan or the IVA ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

thanks for the above replies.i certainly did apply for the loan through online banking when i logged into my current account.

 

the iva was later sought as i knew i couldn't keep up payments on the loan.

 

they definately did not ask for my income or expenditure, and there was certainly nothing asked about employment.

 

halifax did not check regarding affordability either.

 

they only did a credit check.

Link to post
Share on other sites

I do live with a partner but I am not on the deeds and not on the mortgage, if Halifax hadn't lent me all this money I wouldn't be in this bloody mess ::++((

 

I will go into CAB at some point regarding bankruptcy.

 

Is there anywhere where I can go to get help with the bankruptcy fees??

Link to post
Share on other sites

You can try these guys: http://www.turn2us.org.uk/

 

Be mindful that if you have ever contributed towards the purchase of the property, or even towards the household bills there could be a 'beneficial interest' in the property - as such it may be implicated within your bankruptcy. How long have you lived there?

Link to post
Share on other sites

I have already asked about this question, and the answer is no i do not have a financial interest. I've not helped purchase the property and I have never paid towards the mortage. I do have household bills in my name i.e gas, water, tv licence, but I carried these bills on from a previous address when I lived on my own.

 

And plus I would pays these bills if I lived on my own anyway!!

 

I've lived with him at this address since April 2011.

Link to post
Share on other sites

Nope nothing about bankruptcy; I think they wanted an IVA because they get fees!!

 

Got an appointment next week to discuss bankruptcy with a debt adviser at the CAB.

 

I'm really quite angry with Halifax; they gave me all this money without checking to see if I could make the repayments!!

Link to post
Share on other sites

I think you're right regarding the IVA, the commercial firms seldom offer truly impartial, holistic advice - they'll usually seek to suggest an option which is financially lucrative for them, and an IVA makes more money than any other debt option. It may not have been the wrong option per se, but they should have told you about ALL options open to you, that way you can make an informed decision.

 

Glad you're going to see the CAB.

 

Halifax would have had access to a wealth of data from your bank account, that could be a strong argument for them as far as their duty to you is concerned.

Link to post
Share on other sites

They never mentioned anything about bankruptcy, and nor did they say anything about a debt relief order.

 

When I told them I was going to apply for bankruptcy at some point this year they panicked of course!!

 

They turned round and claimed my partner's property would be taken into account, yet I know now it shouldn't be!!

 

The IP they used up my IVA from a standard 5 years to 6 years!! There excuse was my monthly contribution was too low (I'm paying 64% a month)

 

CAB were appalled when I told them this on the fone, they said it was out of order forcing me to pay a debt for longer then is necessary.

 

Do you know of anywhere where I might be able to get help with the bankruptcy fees??

 

Thanks xx

Link to post
Share on other sites

  • 8 months later...

In 2006, Halifax gave me a credit card with a reasonable credit limit of £1000.

 

Each time I used then card and then paid it off, they kept increasing the credit limit without my permission.

 

In time the credit limit soared to £9000.

 

My gripe is that they knew I was unemployed and on benefits when they kept increasing the credit limit.

 

There is currently a debt of around £3K.

 

In about December 2010, Halifax then gave me a personal loan.

 

This was done via online through my current account.

 

I am now concerned about this loan because they did not check my income or expenditure, and did not ask about my employment status etc etc.

 

The loan was for £7K. This was used to pay off other debts.

 

My question is this, did the Halifax knowingly lent me money to which I could not afford to pay back as they did not ask me any financial questions when applying for the loan?

 

I had tried to get my credit card written off as my original agreement was before April 2007, but was unsuccessful.

 

Do I have a claim that they lent to me irresponsible and caused me to go into an IVA?

 

Any advice please thank you; I feel embarassed to ask but I feel Halifax lent to me irresponsibliy.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...