I have received a county court claim form for an overdraft I had with Halifax, the claimant is cabot. I do owe the money and don't deny it, how best should I proceed? thanks

Basically my completion date was set for next Tuesday. I am buying the house off my mum and dad. House is valued at just under £60k and they are selling it for £36k which is fine to me. Mortgage was agreed with Halifax, they credit scored me several times and I passed. There were a few amends to the offer but they amended and made another followed by credit scoring etc. I passed them all. Mortgage adviser phoned me today to tell me they had withdrew the offer after they credit scored me today. I have checked my report on all 3 credit report sites and absolutely NOTHING has changed. I have no outstanding debt, I have never had a missed payment, I do not owe anything. I recently closed a bank account and that is showing as a negative on Experian. I changed bank from one to Halifax after we had agreed on the mortgage offer. I asked Halifax if this would be an issue in branch and they informed me it would not affect my mortgage application whatsoever, but that is the only thing I can think of. Nothing else has changed. The house is being sold below its actual value. Everyone is making money here. Can anyone please advise me? Everything had been set up with the Halifax to release the funds on Tuesday and they had agreed to do so, but they have pulled out at the last minute. They have said it is due to a credit score, but again they have repeatedly credit scored me and been fine and have told my adviser that I had passed their scoring criteria. I am at my wits end here.

Hi All, I am in dire need of assistance! I have recently been applying for a Mortgage which has been declined last week due to a default being placed onto our credit files (Me & my wife) by Halifax for an old basic current account which we have not used since 2009. A brief timeline of the events so far.... 17/07/2015 - Applied for mortgage via broker, lender credit checked and issued DIP the same day. 31/07/2015 - Unknown to us until yesterday a new entry for "Halifax" added to both my Wife's and my credit files. 17/08/2015 - Formal mortgage application sent to lender. Lender conducts another credit check and obviously discovers that a default has been added on since the initial credit check they carried out in order to issue the DIP. We had already chosen the property, had the offer accepted etc. The solicitor has ordered the searches as well so we could be considerably out of pocket. I have not had an adverse mark placed on my credit file in over 4 years so to have a default placed 2 weeks before a formal mortgage application is just about the worst thing that could possibly happen timing wise!! What is even worse is that the default is for £39!! The entry on our credit files is as follows: [ATTACH=CONFIG]59110[/ATTACH] As above this account has not been used at all since 2009, we have zero communications from Halifax no statements, letters nothing whatsoever. I managed to find some old paperwork with the account number on it so called into a branch today to en quire as to what had happened to cause a default to be placed suddenly after so many years of inactivity. The chap I spoke to in branch trawled his computer to find the last transaction and issued me with a mini statement which reads as follows..... Sheet: 1 Of 1 Date Issued: 13/02/2010 Date Activity Paid Out Paid In Balance 13Feb10 0.00 13Feb10 CHG ACCOUNT CHARGE 15.00 0.00 15.00 DR TOTAL PAYMENTS/RECEIPTS: 15.00 So as you can see the balance on the account was zero, then for some unknown reason Halifax applied a charge of 15.00. Presumably this has been incurring interest for the past 5 and a bit years hence the default of £39.00. There are no other transactions recorded for this account after Feb 2010. I appreciate the correct approach to this would be a SAR etc.. however as explained above I have just had my mortgage declined. Our existing tenancy agreement terminates in October with no change to renew. And I dare say we will struggle passing the stringent credit checks carried out in the current rental market. So I need to fix this problem as quickly as possible, we also have an appeal in progress with the lender which I am pretty sure will not succeed whilst these marks remain on our file. In summary Halifax have put us into a dire position by registering defaults based solely on a single bank charge some 5 and a bit years down the line!! Without any notification whatsoever. Obviously I need to send a letter asap but my head is a shed at the moment and would appreciate someone giving me some starting points.. Many thanks in advance for any assistance offered.

Hi there, I had a bank account with Halifax from 2002 to 2006, could i potentially claim back bank charges on an account so old? kind regards

Hi, I took out a halifax card 30 years ago, i was unable to keep up the payments as i am now out of work they came to an arrangement with me where they have frozen the interest and I pay 5 pound a month. I have looked on my Noodle account and see that i am in default. The balance on that account is 12k. The debt is now with robinson way. I have also been unable to pay my Barclaycard for 4 months ( balance 5k) , they rang me yesterday , i went through my spenditures with them and they advised me that i am in no position to pay anything off it as i have more going out than coming in.. ( Even though i said i would pay a pound off a month) They are holding the interest and i have to contact them in 30 days.? They also said to contact halifax and explain that i can't afford to pay the 5 pounds? I am new to this forum so please bear with me, but i am a little nervous to why they are being so nice. Would someone guide me and set out the does and donts of this arrangement Thanks in advance

What address should I use for a SAR? Confused over Leeds / Chester / elsewhere.

My CRA file shows that I both defaulted on and satisfied a Halifax credit card account on the same day. Is this possible? There's no dispute that my account was in arrears; I'd had a horrendous couple of years with a messy divorce and contact battle, and had lost the plot as far as my finances were concerned. My life is now settled, and I'd love to remortgage my house onto a more competitive rate (I'm on the Santander SVR at the moment), but this is the only thing which is currently stopping me. What's the best way to tackle this to try to remove the default, if indeed it has been recorded incorrectly? Ta, OSB

Hi, I CCA'd Akinika re a Halifax Credit Card that I took out in 1999 and defaulted on in 2009 for which I have been paying token payments of £1 ever since. Originally the debt went to Iqor. In reply to my CCA request Akinika sent me the visa card application form only - doesnt have terms and conditions or APR rate or how much credit was offered therefore I think it's not a credit agreement. They say "We write further to your recent communication and now enclose copy statement/bill provided by our client for your reference. We confirm that the above balance is correct and we require your proposals for settlement of this outstanding balance by return." The balance was typed in above the reference number, not a separate doc. Also, looking through a 2003 Equifax report I see that the account number linked to that credit card was marked as 'satisfied' in 2002. I vaguely remember upgrading the card at that point to a better deal with better rates and a bigger credit limit. How do I respond to Akinika who seem to think they have fulfilled their obligations? Thanks.

Hello I have / had a credit card debt with Halifax which was defaulted over 5 years ago which I have been paying a small amount since direct to Halifax (debt is still in 5 figures). For some unfriendly reason the Halifax recently sold the debt to cabot. I received a letter from Halifax and in the same envelope was a letter form cabot also - so I do believe the debt has infact been sold and my credit file does show the Halifax acct as 'settled'. My questions though is it worth sending cabot a s77/78 request before I start paying them? having brought this debt, as it is a large amount I would expect they want to know they can legally claim it before doing so? The amount stated on their letter is also wrong (in their favour) by a small amount, but could just be as payments / letters have crossed. And if I do want to make payments, why do they not have their bank details on the website - they are essentially forcing people to make contact. I suspect I will have to continue paying this debt down (which is fine) but as is the case, just want to ensure it is all legal before doing so - thoughts appreciated. Regards Outadebt (oneday)

I just read (in brief) the new Halifax terms and conditions. Check section "25 - K" Does anyone else think a synopsis might read: "If our system breaks down, or anyone else connected breaks down we're not responsible because it's unusal" and: "We can breech our agreement if any regulation (Not Law I might add ) requires we do so. Really! This reads like "It's not us, we were not there, and if you say we were we will deny it and refer to our terms and conditions."

Hi all, fantastic to see so many people bunching together to get some fair play out of the system. I injured my back 2012 and consequently struggled to keep up with credit card debt, couldn't keep up with offered payments from halifax so gave up. Have received calls letters from first credit in the last year or so. Have twice sent my step change papers asking for time to pay and temporarily offering £1 per month but have received no response or acknowledgement. Yesterday received the claim form, debt approx £3800. I need to avoid a CCJ at all costs but can't get the money together to pay the whole amount in time to avoid it, I work as a builder and accounts for suppliers, phone contract, van lease etc etc will be gone if I can't avoid it so may as well just give up. Any advice as to how I could get past this would be hugely appreciated!!!!! regards Another flipper Also worth adding I have received all sorts of letters offering different payment options but no letter to say they were going to take me to court if I didn't agree to one. No warning. J ust bang CCJ papers claim.

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.

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.

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.

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

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

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.

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

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.

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.

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

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

Hi I have had my halifax account for 13 years. Its a cash card account with no credit facilities available 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 account -£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 admitted 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 guidelines here

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?

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