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  1. For a family member.... Who now lives in Newfoundland Canada, moving to BC next year. He has an £11k Visa debt with Halifax, he wants to know in as much detail as possible, what would happen if he simply stopped paying it in order to concentrate on more important Canadian debts. He doesn't intend returning to the UK ever, and is now a full Canadian citizen. Thanks in advance.
  2. I have had a Halifax Credit Card for a couple of years now and always made necessary repayments with no problems. I make slightly more than the minimum payment with direct bank transfer. However in May I overlooked that the minimum payment had gone up by £9.00 due to a purchase I had made. So my payment was short by a few quid for that month but I didn't realize this until I got a letter in the post yesterday informing me I had failed in my contractual obligations and they have therefore levied a £12.- late payment fee and removed the promotional interest rate which cannot be re-instated even if I pay them the missing few quid. Now I have a higher interest rate on the card. Is such a measurement not punitive ? As it cannot reflect any administration costs or the cost for the letter they had to send me, that should be covered by the £12.- ?
  3. Hi All, I'm wondering if anybody can offer any guidance (I've searched the forum but cannot find a definitive answer). I had a Halifax credit card for several years and in November / December 2013 they wrote to me saying that they were increasing the APR (by quite some margin). I wrote back saying that I rejected the interest rate increase and they replied saying that the account would close and I could continue paying at the old interest rate until the balance was cleared. I previously had online access to my credit card account and also used to receive monthly paper statements through the post. However, once I had rejected the increase, the account was closed and my online account access was withdrawn and I've never received a paper statement since (either monthly nor an annual statement) since - so no statements for 18 months. I was moaning to a colleague about this and they advised that Halifax are obliged to send statements otherwise they are unable to charge interest - is this correct?? As I say, I've searched the forum but cannot find a reference to this - can anybody please advised? Thanks In Advance Nigel.
  4. Hi Guys, I'm glad i came across this site. I've been doing some in depth reading regarding the process to have an SAR carried out on various lenders etc. In the past I've had the following: Black Horse Loan (2002ish) Applied for my PPI back and told they couldn't find account (now they've been fined 110+ million i'm sure they'l be more helpful Halifax Bank Account BOS Bank Account Birmingham Midhsires Mortgage. I guess my question is can i just send a single SAR to Lloyds banking group HQ (now that they own all these subsiduaries) or will I have to make one to the individual companies within the group.
  5. Halifax are charging £5 a day for being overdrawn - irrespective of how much you are overdrawn. Is this lawful- potentially £155 charges in a 31 day month for being £1 overdrawn? Sorry, to clarify, unauthorised overdraft- even if they allowed it to go overdrwan
  6. Hello-this is my big one-£6574-in dispute since January 2012-my name is mispelt on all paperwork they send although it's correct on the application form they have sent as a CCA dated August 1994. They have sent normal loads of papers re construed etc no details on. Saying they are not required to produce a copy with primary cardholders signature on,said they won't be entering any more correspondence re the CCA but remind me they can start collection activities and report me to credit agencies They are not charging % on this balance and haven't heard anything since Jan 2014. Shall I just sit tight ? Many thanks for your help-I am sure I have more than paid for this debt with huge % over the years so don't feel too bad
  7. I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?
  8. Need an opinion on this is anyone has any ideas or should I just SAR them? I had a Halifax Credit Card from 1997, included in my bankruptcy Oct 2010. Tidying up my credit history I came across this that puzzled me. The credit cards showing movement on the balance. When I look at the balance history in September 2010 shows £4,210. In Oct 2010 £4,030. Between Oct 2010 to Aug 2012 the monthly balance gradually decreases to £3,455. (Looks as thought payments are being made, I haven't made any). Then between Sept 2012 to Mar 2013 the balance starts increasing in gradual steps to £3,926. Why would this happen? Thanks
  9. I had a Halifax credit card, which after losing my job in 2006, I struggled to make payments on. When I could no longer pay the minimum amount each month, I took debt advice and in April 2007 I began to pay Halifax £1 a month, to which they agreed. This continued until January 2008. The Halifax then started to add interest and late payment fees to my account. They said they had to do this for six months which would then default the account. They actually did it for eight months, froze the interest and accepted a payment of £10 a month. The payment has gradually increased to £30 a month. They continued to add interest and late fees, even though they knew I would never be able to pay. I want to write to them and request they refund any interest, late payment fees and compound interest to me, enabling me to reduce the balance. This amounts to £520.15(without the compound) and would finish my debt 17 months earlier than planned. How do I go about this? Blair Oliver and Scott took over the debt but when I requested statements they came from the Halifax.
  10. Please help: I am having a big problem with Halifax We got into financial difficulty and all the other banks have accepted our offers and we are paying them off, they have all ceased interest too. I wrote to Halifax in October and told them its very hard for me to continue paying nearly 190 per month on a 7400 balance on my credit card and offered them 50.00 per month. They kept calling me several times a day but I didnt answer them as I had problems previously where they denied what they had told me over the phone. I wrote several letters to them and told them I don't want to speak over the phone and gave the reason too. They then asked for my financial statement which I sent as well as again pleading on them to cease the interest to help me. All my correspondence has been sent via registered mail and they ignored my letters including the statement. I continued to write to them and also without waiting for their acceptance I have continued to pay the 50.00 each month. However they don't acknowledge my letters and they keep adding more interest now they have added a further 723.00 as interest and late payments. They have closed my account sometime ago. I received a letter from a person at the bank acknowledging they are sorry the trouble and crediting my account with 75.00 and requesting I send my financial statement as they hadn't received it, even though I have a letter stating they had. I again requested they please cease interest and sent my statement again as well. However they continue to send letters saying I have not responded and the interest accrues. I have now written to the FCA who have stated they will come back to me. I have also continued to pay the 50.00 each month but the interest they keep charging is around 165.00 per month and the balance is now 7,599. When I first contacted them in October 2014 it was 7,421 and I have been paying 50.00 each month since then. Please give me any advise as I have also told them my husband was very ill in hospital and this is not helping me in any way. Any advise will be very helpful.
  11. Hello All, I have received the first response of my request for CCA and would be grateful for your advice and direction as a result. The request was for section 78 and I used the template provided on this site. I have attached a copy of the letter. There was 'No' Signed Statement of Account enclosed. Of the other two stated enclosures Nos 2 & 3 there is no signature and the signature box is empty; however I am confused as to why they have quoted regulation 3(2)(b). For background the card was originally applied for in approx 2003. If you need enclosures 2 and 3 attaching please let me know. Any guidance is appreciated.
  12. Good Morning. Thank you for reading and hope you can help. I have 2 x maxed out overdrafts to the tune of £4100. Currently paying roughly about 75 quid a month in charges. is there some sort of arrangement I can get into with Halifax where I can stop the charges and maybe have the OD converted into a loan, the money been paid in charges could be used to pay the loan back...p.s I have a crap credit rating. This is also the same for HSBC circa 1600 OD
  13. I've been a member for some time and though have used a lot of the advice found here (thanks) but this is my first post. I need some urgent advice please. I took out an Aqua Credit card back in 2006 which fell into arrears after in 2011 I unfortunately became unemployed and could not repay. The CCA agreement has Halifax Plc as the creditor. The debt was sold on and a court Claim was issued by Aktiv last year for £1700. The particulars of claim states that the credit agreement was with Progressive Credit Limited, and that the account was assigned from Progressive Credit Limited to the Claimant. It also states that I defaulted on the agreement in 2012 but does not state whether a default notice was served. Following my CCA and CPR 31.14 requests, Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements. They stated that Halifax was using the Aqua card under licence from SAV limited, the parent company of Progressive Credit Limited. I have no idea what this really means. I filed a defence that I never had a credit agreement made with Progressive Credit and I have never been provided with a default notice or termination letter. There is a hearing coming up. Do have a leg to stand on with this line of defence? Can they succeed without having to produce termination letter/default notice? Any thoughts would be appreciated.
  14. sent for cca did get back an application form which is signed then few weeks later newly printed terms and conditions with a letter saying these t&c were at time of account do these t&c not have to be signed by me is this right
  15. I have been helping a friend over the past few months. They were struggling financially and asked for my help. They had been aware that I often post in various forums on CAG. But did not ask for my help until it was almost too late. The debt was a credit card from 02/02. Defaulted in 2007. Since I started to help them in early January '14 and I have written just 9 letters and 11 calls (recorded). Today I got an email from my friend stating that the account is now closed and will be marked as satisfied on their credit file, plus a nice amount of cash left in credit that was refunded by cheque... The debt was over £2.5k and had seen many DCA's trying their luck. Without success. The result can be seen in my attachment which has been redacted. The reason for this post is to let new posters know the advice given on CAG can and does work, if you follow this advice you too could sort out your debts. You may not get the same result as I did but if you don't lay down and be trampled over by the banks and DCA's then you can get in control of your debts. Letters sent were CCA SAR formal complaint official complaint a few others a LBA and finally a thank you letter lol
  16. Hi everyone, I am having a traumatic time with Bryan Carter Solicitors at the moment. My partner has received a claims form asking for £2600 from a Halifax Credit Card debt three years ago. The claims form was only received on Tuesday 24th February, but was dated 6th February. Now this is what worries me and where I get slightly confused. He called them straight away and they said they will hold off judgement, providing that the debt is cleared within six months. I called them as what they stated to my partner, didn't sit well with me, nor do I trust them AT ALL! And initially they said they cant send anything in writing to confirm that they will hold off judgement for six months. But they did change their tune when I mentioned the FCA and said they will get a letter out confirming that 'if he says true to an agreement, they will hold off judgement'. But again I don't trust them. I feel slightly stressed and confused, as I feel that I have lost the chance to do anything now, as N9A form should of already been submitted (I only know slight information regarding how CCJ's work, as I dealt with litigation in an insurance firm) so any help/advice would be greatly appreciated. Many thanks
  17. Hi all again, I'm currently trying to put a bank charge claim for my friend, I've stop because I need to find out if he can claim hardship. When looking at his statements, I found he has paid a lot for his Halifax account. I asked him why does he pay? He said he was told he had to get the "Ultimate Reward Monthly Account" to get an overdraft. I've found online that this is textbook miss-selling, he also doesn't use and has never needed any of the insurances with the account. I'd like some advice on if I'm going the right way on this. I've drafted the moneysavingexpert letter for claiming back the charges and worked out the 8% simple interest. Not sure if you can claim the 8%, but i found a few sites saying you can. I'm sure my letter needs a bit of work, I'll upload it with the spreadsheet. My Letter: Account Name: Ultimate Reward Monthly Account No: 0000000 Dear Sir/Madam I have had the above account since 07/10/2009 but believe it was mis-sold to me on the basis that, I was told at the time I had to get the account in order to take out an overdraft. I calculate that you have taken £704.74 in fees, in addition to which I also claim 8% simple interest of £169.47 which totals £874.21. I am enclosing a copy of the schedule offees which I am claiming. I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service. Yours Sincerely Friends Signed Friends Name Printed Thanks Andrew
  18. Hi all again, Thought I would make a new thread for this loan so not to confuse my other PPI thread for my dad. I'll be using this for the covering letter: Dear Sir/Madam, We are writing in relation to payment protection insurance (PPI) policy, associated with the above account, which we do not believe was sold to us correctly or fairly. We believe you have not treated us fairly for the following reasons: · The overall cost, this being associated interest, was not explained, nor mentioned at all · We were not told how to go about cancelling our policy · We already had cover in place that could have protected our repayments but wasn’t asked about this Unless you can provide proof that the policy was appropriate for our circumstances and that we were treated fairly when you sold us the insurance, we will expect a full refund of all premiums, the interest that we have incurred as a result of having the PPI cover and 8% simple interest until settled. We have attached a PPI questionnaire for the loan, evidence of PPI policy and a PPI redress calculation that’s under the Financial Ombudsman Service rules. Under the FCA guidelines, Halifax has 8 weeks to resolve our complaint. We trust that you will deal with our case within this period. If not, we will refer the matter to the Financial Services Ombudsman. We look forward to your prompt response to this letter. I haven't found the credit agreement yet but will be looking through my dads paperwork tomorrow. Halifax didn't include anything for the 2009 loan in the SAR we sent them. Should I request Halifax to send a copy or should I send a CCA request for it? I've found a loan offer that said the loan was for £6,467 with a additional borrowing fee of £99 and a £50 deeds despatch fee The monthly cost was £121.07 So I calculated 121.07/5715 x 100 =2.11% So am I right in saying the monthly repayments is 2.11% of £121.07 which is £2.55? Thanks Andrew
  19. Hi I have had my halifax account for 13 years. Its a cash card account with no credit facilities avalible on this type of account. I did a direct debit charge back for £1167 which the bank refunded but then took back and sent to merchant which left my acxount -£1167 . I never noticed this and they closed my account and placed a default on my account . When checking default I found that they registered it at my old address and sent all letters to that address . I complained and they ammited the mistake and gave a £50 goodwill gesture and said they would remove default if I pay within 30days , I said that I would pay but would need 6 months which they refused and said 30days or default stays surely they must have broke some guidlines here
  20. I wrote to Halifax on the 23rd August 2013 for my CCA - I got a letter on 2nd October 2013 saying that they have a reconstituted version and that I was being mislead about any claims that I may make as to the validity of the Debt. Either way the debt disappeared of my credit file and I have heard nothing since. Suddenly I have had a letter saying they have sold the debt and I am being called every day by 1st Credit. Any Suggestions? As an aside, rather embarrassingly, the first time they called me was a few hours after I found out my father had passed away. I was upset and fired a tirade of swearwords and verbal abuse at the person. It's not how I behave normally - that won't cause me any problems going forward with this will it?
  21. Hiya, Bit of a complex one, Got an account with Halifax that went into many problems - mainly system problems that caused the account to disappear, lose address records etc but it also lost my overdraft and was therefore moved to debt collection while I was in complaints process with them! Due to illness and a death in the family a few months passed and I did not hear back from Halifax. I then recieved out the blue a letter from MKDP saying I owe the account balance I gave them my complaint reference and re-wrote to Halifax who said they will get back to me in 4 weeks - I asked MKDP to put it on hold while this happened. Now today I have come in to see a court claim form from MKDP for the account balance + costs. Obviously I am going to defend myself against this especially as this is still in complaints but just want to know the best way to do it before I do Is it relevant as well that the claim has only been made in my name when it is joint account? Any help appreciated
  22. Hi guys. I hope you all had a great Christmas! I was until I received a letter from the County Court Business Centre on December 24th I have already located the form to fill out on here regarding the particulars, so I really hope someone out there can help. I will just get right down to it. Name of the Claimant ? CABOT FINANCIAL Date of issue – 22nd December 2014 Date of issue 22/12/14 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/1/15 + 14 days to submit defence = 24/1/15 (33 days in total) - What is the claim for – The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland dated on or about March 02 2006 and assigned to the claimant on Oct 02 2012 in the sum of £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? CURRENT When did you enter into the original agreement before or after 2007? BEFORE Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchase issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive Letter from HFX telling me all assigned rights are now Cabots (it wasnt letter headed as Notice of assignment though) . Did you receive a Default Notice from the original creditor? I remember a DEFAULT NOTICE SERVED letter from HFX in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was on a fee charging DMP for years, decided to try and negotiate myself after loss of job with a monthly token payment, never had a response. My financial situation worsened, got scared and stop communicating. What was the date of your last payment? Aug 2013 (According to Credit Report Was there a dispute with the original creditor that remains unresolved? I had previously wrote a letter to get numerous £35 charges removed. This was sometime ago and cant find the original letter I sent. Since then my financial situation has taken a massive downward spiral. Other than that I really cant remember anymore Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As above I did enter onto a fee paying DMP but this account is largely made up of very high penalty charges (not including overdraft fees) I have registered with MCOL and got to the stage where I can see the claim against me, but not sure what to do next. It was a current account with an overdraft so I am aware CCA is no option? I owe various creditors and have been considering a DRO as the total (including this debt) falls just short of 15k. I have to admit, I got scared when the letter came through the door with the court claim stamp on it, it wasn't personally delivered however, just came via the postman. HELP and thanks in advance.
  23. Hi all again, After winning my claim with NatWest, my friend asked me if I could have a go at his Halifax bank charges. A lot of his charges happened when he lost his job last year. He's got back on his feet now so I'm wondering, since the charges happened when he was in financial hardship, can he still claim them back even if he's back on his feet now? Any advice please Thanks Andrew
  24. My mother has just mentioned, upon opening her latest credit card statement, that she is paying something called ''Repayment cover''? Is this the same as PPI but just named differently in order to continue the big banking con? I'm trying to dig about and find out exactly what it is for, but if, as I suspect, it is to make payments on her card in the event of illness/injury/death etc then I will be putting in a reclaim for her.
  25. Hello to everyone, I am looking for help regarding a claim I started in January regarding a PPI policy I knew had been missold on a loan taken out in 2002. I rang Halifax initially and once past addresses etc were given I was found on the system. They sent a questionaire and I completed it. Then about a week ago a Halifax employee called and asked a few questions regarding other loans I had held. In total 7 loans, over an 11 year period from 96 to 2007. Constantly rolling them on. The Halifax employee said 4 of the loans had PPI which prompted me to do an information request. I got back 6 standard letters with individual loan numbers on stating " Subsection 77(3) of the Act provides amongst other things that section 77(1) does not apply to an agreement under which no sum is, or will or may become, payable by the debtor. The above loan was repaid on xx.xx.9x this means no sum is, or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement, any document referred to in it or a statement of account" Two of these had details attached though, showing no PPI taken. One has details attached showing single premium PPi taken out without my consent. Three have no information attached at all and the last loan, the one that prompted the claim is not mentioned at all? My questions are, do I need to do an SAR for the full details? And if/ when they come back to me, what course of action do you advise? I havent a clue how to work out what is owed. The PPI shown on the agreement from 1997 they did send is @ £1000 plus over £320 in interest. And the last loan in 2002 is over double that. The last loan taken out was only available IF I took out the PPI at the time. Am I right in thinking that conversations were recorded by 2002? I said point blank it was not required but was told "no PPI no loan." All the policies were mis sold as I have serious health problems starting well before the loans were taken out. I have had months off work at a time, plus long stays in hospital throughout my adult life. I am now registered disabled and the worry of doing the wrong thing is not helping at all. Any help or suggestions welcome, I just want recompense for the money I paid out upto 18 years ago. Sorry for the long winded story, moderators do edit or delete as you see fit. Thanks in advance
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