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Dax v Halifax - International Debt Problem


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Have they overpaid you?

 

Sorry probably need a bit more info as to what is going on to reply properly

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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  • 2 weeks later...

wrote a long letter to the manager at the Halifax complaining about the fact I have been put onto a debt collecting agency and airing my disappointment at this.

Got no reply, instead getting another legal warning about proceedings being issued in 7 days. As this arrived, six days after it was dated, I had only 1 day to respond.

 

I sought help with what to do next, by pm an administrator on the forum, who never responded. Didnt know what to do next without a bit of advise, so made a complaint to the FSA ombudsman, who seem to be taking up the case or have at least acknowledged reciept of my complaint. I believe their next step is to contact the Halifax on my behalf.

 

I then recieve a letter from the Halifax manager saying, we dont want to go to Court and wish to settle outside by making a mutual agreemant and arrangement. Trouble is, I think we crossed post. Do I contact the FSA and ask them to cancel my complaint, making an arrangement with the bank. Or allow the FSA investigation to go ahead? In which case, the amount due might be written off anyway.

 

Not sure what step to take, but need to make a decision and would appreciate some help from the initial adviser who had asked me to contact him upon reciept of a reply to my origional letter.

 

Know you guys are busy, but please dont forget about me...help!!!

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  • 4 weeks later...

Hi mum

I too had an endowment policy taken out around 1991. I paid into it for a while and then stopped paying for the same reasons really, I just couldnt afford to keep doing so. I thought no more about it untill last year and considered doing the missold avenue. I made enquiries myself, almost signed a solicitors, no win, no fee, contract, to take the Royal Sun Alliance to the Court/tribunal, but then thought the solicitors were on a dodgy roll so backed out. Instead, I contacted the Insurance company myself and said I wanted to cash my old policy in. I got £6,500 back and left it at that. No one said a word about the fact id not paid anything for nearly10 years. Apparently, even though I cashed it in, I still have the right to make a complaint about it being missold, irregardless of the fact its been cashed in, but havent done so yet.

 

Why dont you just, try the same and see what they come up with?

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Hi mum

I too had an endowment policy taken out around 1991. I paid into it for a while and then stopped paying for the same reasons really, I just couldnt afford to keep doing so. I thought no more about it untill last year and considered doing the missold avenue. I made enquiries myself, almost signed a solicitors, no win, no fee, contract, to take the Royal Sun Alliance to the Court/tribunal, but then thought the solicitors were on a dodgy roll so backed out. Instead, I contacted the Insurance company myself and said I wanted to cash my old policy in. I got £6,500 back and left it at that. No one said a word about the fact id not paid anything for nearly10 years. Apparently, even though I cashed it in, I still have the right to make a complaint about it being missold, irregardless of the fact its been cashed in, but havent done so yet.

 

Why dont you just, try the same and see what they come up with?

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  • 6 months later...
  • 5 months later...

Big Halifax problem Bookie might remember so I hope can advise on:

 

Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? Help please Bookie!!! This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

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Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

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Halifax made errors amounting to nearly 7 thousand pounds on my account over a 13 month period when I was homeless and house hunting. I had no idea as I had sold a London property, had a large balance in a savings account as a result of that sale. Am in no way mathematical or expected that the intermittent bank statements id recieved via redirection had incorrectly input paid interest information on them. As I used phone banking to transfer money and check my balance etc..An accountant later noticed amounts paid werent correct and I queried this with the Halifax, which up untill that point they had been unaware of also. So. we entered into a debate via letter as to the fact that they then, by now, wanted this money back, but also by that point I had spent my sale proceeds rehousing myself and my family and could not afford to repay them a debt I had never asked for. This process continued up untill earlier this year when letters disipated.

 

Today, now living in France, I have recieved a letter from a french advocat (solicitor) demanding the amount on behalf of the Halifax. How do I respond to this? Do I have to reply? and what can they do to me? This is very worrying and is this effectively like being hounded by a Bailiff back home, as in if I do reply, do I then enter into being bound to these people some way. What is my legal position? Any advise please is appreciated.

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Dax, I am going to move your post to the Debt forum, as there'll be people more versed than me in this aspect of things. I know we have a French girl posting on here, but her situation is different in that it's one of the bottom feeders DCAs writing letters from the UK on a statute-barred debt, so I don't think the advice she's being given is in the same league as your situation.

 

I'll also track your old threads and tack them on to this new post to give the background of what has been done so far.

 

Sorry, I do remember you well, but I really don't know what to advise. :-(

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I know Bookie but I did so to enlist more responses as I dont know time is on my side. To make matters worse, I am returning to Londres on the 8th Nov to seek employment as theres none here and do not want french bailiffs kicking my door down in my absence. Scarey!"

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Hello there.

 

I think in the mean time you will need to fill in an income/expenditure form and make a reasonable and affordable offer of payment to clear the debt over several repayments. This should hopefully stop the creditor taking further action. Certainly inform them that it is your intention to move back to the UK and that when your circumstances change you can re-evaluate the amount you're offering.

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Do you mean reply to the french solicitors? Isnt it also in breach of my data protection rights that my details have been passed on. How can I also be sure that by entering into correspondence with these people I am not admitting responsibility ( of which I am not) and jeopordising my credability here within the french system, nevermind entering into potential legal costs here.Would I not be better off sueing the Halifax for their mismanagement of my money acting as my fidisuary, then landing me with a huge debt as a consequence.

 

I really need bankfodders help on this but his mail box is full

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I've no experience myself, but why would French solicitors be involved in UK bank matters?

 

I would have thought that as a resident of the UK, any dispute you have with a UK bank would be governed by UK legislation & they would have little or no knowledge of our legal foibles!

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  • 11 years later...

This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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