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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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Halifax - Lack of termination Agreement and Charges


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Hi fellow caggers, looking a bit of advice for my partner

 

She opened a Halifax Rewards account in 2002 with her Ex husband

 

They separated in 2011 and there was an OD on the account

 

He sub sequentially left all the debt to her, he managed to remove himself from the account by paying a small amount, I will say he was a Halifax employee.

 

The last payment into the account was feb 13 by my partner and the account was defaulted on her credit report in Dec 13

 

It was sold onto Hoist and is being managed by Wescot, we have not acknowledged the debt and sent them a prove it in January which they still havent complied with and the account is on hold

 

My partner never received a termination notice and we have sub sequentially SAR'd Halifax and received a mountain of paperwork today.

 

I can upload any thing that you need to see

 

Looking through it there is no reference to a termination notice and have noticed from an initial balance of ~£300 the debt stands at ~£800 which is all charges

 

Can she challenge Halifax to remove the default? Also can she reclaim the charges under BCOBS?

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I really don't understand how her ex could managed to remove himself from a joint account – particularly when there was a debt on it.

 

I think you need to look through your SAR very carefully and see if there is anything about that.

 

Let us know what you find but I think that that should be the first basis of a complaint. You say that he paid a small amount into the account – but anything he paid into the joint account should have benefited both of them. You say that he was a Halifax employee – it all sounds a bit suspicious and you should get to the bottom of it.

 

I envisage that once you have checked through the SAR and seen what there is – or what there isn't, that you should be making a complaint. In fact if there is no reference to the removal of his name from the joint account then I think you ought to inform them that the SAR is incomplete and make a complaint about that as well.

 

Please can you tell us about the charges. At what rate have they been levied?

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Hi BF the only way I can see that he got himself removed was he made a payment into the account in Jun 12 and his name was on the statement but on the Jul 12 statement it is only my partners name

 

Whenever he made the payment in that left a balance of £229 and as I said above the debt that Halifax sold to hoist was ~£800 so ~£570 worth of charges nearly twice what the balance was

 

I have searched through all the transcripts and there is nothing there to say he was removed from the account, but will look again although there is nearly 5Kg of paperwork

 

the charges are unauthorised OD charges @£35 and a couple of £145-£160

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Make sure that you have implemented our customer services guide – and then I would begin by telephoning Halifax and tell them that you are making a formal complaint that the ex was removed from a joint account without any consultation and allowed to leave a debt. Tell them that you are concerned that the SAR makes no reference to this and so therefore you believe that it is incomplete. Tell them that you want to start and FOS complaint about the removal of the ex and also about the incomplete disclosure.

 

Get a reference number and then follow it up in writing. That will start off the process – even if it comes to nothing.

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we don't lose OD cases

so pers i'd ignore then unless you get a letter of claim from the powerless fleecing DCA.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks BF will get onto that

 

DX - I know that but its a debt that shouldn't only be punishing my partner and if Halifax and he has done something underhanded my partner would like them held to account

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still doesn't help you.

it was a joint account and if it ever went to court [fat chance they'd win you know that!!]

 

it can be used then.

 

important bit is he reset the SB date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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in less than 7mts it will be SB'd.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't fight anything

you simply send our SB letter

end of problem.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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important bit is he reset the SB date.

 

Very good point

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