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I received repayment of charges and the inevitable closure of account followed. I've been in constant contact with them as an outstanding overdraft amount is to be repaid. As they chose to close the account as a retaliatory gesture, I was loathe to pay it back in full and have offered to pay back an amount each month until cleared. I've also informed them that my complaint will be registered with the fos due to the closure.
Since then, the notice of intention to proceed with debt recovery action letter has arrived. They are threatening a default unless payment is made in full. The letter was received today (10th) dated 2nd April and they have stated in the standard letter that proceedings will begin within 7 days of their letter. I'm about to respond again but wondered if anyone has advice to add on this topic of closures and defaults? Thanks.
This is absolutely sickening. I thought no default could be registered if you had made a reasonable repayment offer (i.e. one justifiably within your means)?
<bump> to help you get the attention of the all-knowing bods on here (of which I am most definitely not one!!).
Re the account closure you need to complain to All&Pester first and follow that through until you get a letter from them stating "final decision" you then take the complaint to fos.
You should also send a complaint to the OFT stating that you believe that All&Pester and not fit to hold a consumer credit licence.
This is a letter I have used, amend it to include your difficulties (account closure, unreasonable demand for repayment etc) and copy All&Pester in on it with your reply to their demand. In your letter I would include your repayment plan for the overdraft. Of course send all of this recorded etc.
COPY all of this to your MP .................
Good Luck
>>>>>>>>>> Failure to comply with direction 5 April 2006
Dear Sir/Madam,
I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.
Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a Subject access request I discovered that no manual intervention took place on my account.
It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.
I would contend that the actions of Halifax plc are not honest.
I ask that you investigate this matter and consider revoking the consumer credit licence of this questionable organisation.
There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
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My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.
Halicrap - Full settlement 12/06 £408.34
Crapitol 1 - Settled in Full 27/04/07 £15808-)
All & Pester - Claim served £5695 4/09, Stayed
Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09
Lloybles - No CCA, CPR disclosure notices served.
Many Thanks. I've replied to A & L advising them that my complaint will be lodged with the fos as a final decision letter was received from them. I'll also adapt the letter and get cracking with the OFT.