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  1. So doesn't look like the FOB is going to be any help either. Letter to follow...
  2. Toymaker1, thank you for you reply however: 1. The account is not and has never been in arrears 2. The account isnt with collections 3. I am seeking to have the debt reduced/written off within the legalities of the agreement (or lack of) that exist I am going to ask them for the relevant figures with a view to challenging the account based on their inability to produce/provide the required documentation in support. I will let you know what happens......
  3. Toymaker1 - purpose of the investigation was to establish the terms under which the account was opened, the agreement in place and the bases on which this was all formed. I simply asked Halifax to provide me with the documents which they are required to retain. The out come of this is that they haven't got them, quote " they have lost them". My unhappiness stems from the fact that they have obstructed the process all the way which was needless and had no other purpose other than to discourage me from continuing. I am in financial difficulty and have maintained my account in full at all times yet as many pothers I find no help offered to me even after asking. Halifax have created the unhappy customer that I now am and I find that I am in a position to challenge the entire situation based on the admission. I am guessing they should have never given me the account in the first place and like many banks wanted to see what was in it for them - last time I made a payment of several hundred pound to the account they decreased my limit with out warning the day it cleared - responsible lending or poor lending in the first place? The matter in hand is to look at what I can do to eliminate the account in the best way possible. Halifax has made it's money from me with out any doubt (I used to work in card services at the very same). I am due to return to full time education for 3 years and wont be able to service the debt... looking out for me regardless of if others think this is right or wrong. Another letter is due. I will post up when ready......
  4. Same situation as mine? How did you get on? I am in two minds what to do. I have been unemployed since this time last year (after illness), never missed a payment or gone over limit, not used the account, never let them know of any finical difficulty (having a current account and mortgage with them...) and will be from September 2009 a mature student on a 3 year full time degree course. I want to do the best thing for me and my family and have always paid my debts. However the way Halifax have managed this matter has caused my so much hassle and upset that I am starting to think "f&*% em' ". I have a bit of time to spend further on this for £3,000. I might send them a letter asking for the total charge for credit over the period, capital send and repayment..... I know they will have this information and it might give me a settlement figure (I used to work for them for my sins) - after that I might make an application to my local court to declare the agreement unenforceable... or is forcing their hand not advised? I am not too bothered about my credit file. It is spotless and I guess they will record a default before admitting it was issued in error, then cleaning up my file (as I have no need to apply for any credit in the foreseeable future not a big issue?)
  5. Halifax have confirmed they haven't got any of the original documents. What do I now do to get this Null and void or negotiate with them?
  6. URGENT HELP NEEDED!!!!! I have just had a very nice customer relations manager telephone me regarding my complaint and she has just verbally confirmed the Halifax DO NOT have the original documents (or copies) on file! I asked that as the bank should hold them for 6 years why this is and she said that from time to time documents become lost and it is unfortunate! She is going to confirm in writing in the next few days that they have looked everywhere for the documents and that they don't have them. So..................................... I guess this is good news? Once they have confirmed they haven't got any of the documents then what do I do to claim all my payments back, have all the interest reversed, charges refunded and pay off any remaining debt, and more to the point can I actually do any of this? They referred in previous letters (in this thread) that even with out the originals it doesn't change anything as their agreements are all executed the same, standard terms etc and so my agreeement will be valid like most other peoples (or words to that effect). Please advise what to do next.
  7. Halifax complaint now in process so waiting to hear back from them within the time frame.... they don't have any other choice now other than to provide the document or confirm they don't have one in line with the FSA guidelines. Either way i will know where I stand and what to do next.
  8. Just want my documents and not have to close all my accounts with them.. they are losing me as a customer big time (2 closed 3 to go!)
  9. They sent me back another letter If only they had read the last two letters AND understood that I was NOT asking them under section 78 of the CCA - rather the CPR rules (see last letter). Anyway all deadlines passed so I have raised a complaint with their customer relations team. At least this way they HAVE to respond in a set time frame and if the result is they don't produce the requested documentation I can make a complaint to the FOB about them not retaining records and then go to court to discuss the "enforceability" of the agreement they haven't produced! Keep you all posted.
  10. Got a letter back from HBOS on Friday - even after having pointed out that I am not asking them for the documents under the CCA and rather the Civil Procedure rules they are still saying under the CCA they don't have to do any more! If only they could read....... Letter to follow
  11. Nothing back from HBOS. Either they are (1)behind on their post and out of their SLA, (2)they have lost it or (3)they are just ignoring me. Good job they have all been sent registered post. I have faxed this to the HBOS complaints team as I want them to provide the document so that I know where I am going next. Also it does again show that I am doing everything I can to get them to resolve this - the rest is down to them.
  12. Not had anything from them, but I did given them until 31/03/09 : 16:00 so a couple of days for them to respond yet. The account is fully up to date, no default and I think only one lot of £12.00 over it's life span. I am looking into it as I lost my job and may go back to retain which will mean not working full time for 3 years (kids, mortgage, wife etc) Credit history so far protected...... oh and i *used* to work for HBOS so maybe I am a little ****ed with them as well
  13. Just coming to the end of the first end of waiting time after sending the first letter. Getting ready to send the second letter (on page 1) but (and I have read through the tread - all 36 pages!) is there anything that has changed or is the template still ok to use from page 1? Many thanks for any help (manun tread http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/174034-halifax-sends-cca-fob-3.html)
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