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old goat

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  1. Hi Im a newbe, and could do with a bit of help. I am dealing with a Halifax problem for my son. he's in the marines and travels about a lot so can't deal with this as it should be dealt with. I have read a number of threads regarding bank charges etc. with particular attention to default notices. He was suffering some financial hardship and ended with a load of charges for unpaid items on his account, ending in the standard down ward spiral. As you all know the armed forces aren't exactly overpaid.This was in late 2008, and with the test cases going on, I advised him to open an account with another bank, and go through the reclaim procedure, for "illegal charges". This he did and received the standard brush off letter on 24th November 2008, saying that everything would be set aside, until the case result. Fair do's he was happy with this, and felt confident. Since then and consistently over the last year or so he has had 5 DCA's attempt to get him to pay the outstanding amount. The bank sent a default notice dated 15th December 2008, giving the date of 13th January as the date for rectifying the breach. This would appear to give him the requisite 14 days, (not including bank holidays, weekends etc), but they sent a termination letter on 27th December 2008 referring to the recent default notice. Since then the charges have increased for unauthorised overdraft fee's etc. My questions are these. Even though there appears to be the correct time limit allowed they have not allowed this to expire before terminating the agreement. Is the DN unenforceable? After the date of termination or breach rectification expiry date, additional charges have been levied, of a substantial nature. Are they legal? In April 2009, they registered a full blown default with the CRA's, in breach of god knows how many rules regulations and guidelines. Any advice offered would be gratefully received. ps I have written numerous letters to both the bank and DCA's over the year pointing out the set aside letter, but just receive template letters in return. I have sent a "data protection' letter, and received a response about marketing I have changed his claim from UCTTA 6 to CCA, but again I am getting stone walled.
  2. I am sorry if this is long winded but, it is quite complicated, here goes. We recently moved our bank account from Halifax to Barclays. Barclays changed all of our standing orders and DD's to the new account except for one. Our Halifax Mortgage repayment. We anticipated a cock up, so we left our Halifax account open with sufficient funds to pay the mortgage. The payments continued for some months from that account until we decided to make the changes ourselves. We did. After a number of letters and numerous telephone calls we managed to get a Halifax rep to confirm (in writing), that the required changes to the repayments had been made. Unfortunatley the incompetant at Halifax did not arrange for the payment to be made from our Barclay account, but he did cancel the back up arrangement we had in place with our original Halifax account. Guess what! Our mortgage wasn't paid, and we received a letter from Halifax PLC telling us that they would be charging our Mortgage account with a long list of charges. We contacted the Halifax customer relations office, who were not in the least bit helpful, they confirmed that they would ensure that the new DD would be in place straight away. In the mean time we sent them a cheque for the outstanding sum. We had the feeling that the next month the same problem would accur so we demanded that they confirm if the DD would be in place and if not let us know and we would pay by cheque again. They took Three weekss to come back to confirm, ensuring that the due date for the next payment was missed, and we had to send them another cheque. Halifax apologised profusely and confirmed in writing that everything had now been corrected and that no bad credit referance information would be shown on our file at the Credit Referance Agencies. They also offerred £100.00 as a gesture of good will and an apology. Everything sorted out. No!!!!! I have recently received a letter from a credit card company, who having told me last month that I was a wonderful customer and that they were to give me a "Black" Card, have now changed there mind and reduced my credit limit dramatically. They also suggest that I obtain a copy of my Credit file, which would explain their decision. I obtained a copy, and, Lo and behold, Halifax PLC had lodged a non/late payment report against my Halifax Mortgage account, even though they confirmed that the problems were their fault and that no report would be lodged against us. I am waiting now for them to correct the wrong information and issue us with a letter confirmimng their mistake, which I am able to send to any creditors I may have. Big Deal. The damage is done. Does anybody know if I have any recourse? Other than spending the rest of my life in court or waiting for a case to start. We are at present trying to move house, and having just turned 50, I don't have that much time left in mortgage terms.
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