Disabled & Scared! Owe 20k to Halifax!**WON** DISCONTINUED AND WROTE OFF

[Chalkitup]

Hello Halifax Pickle,

 

Right ... had good read of your thread....

 

Regarding Halifax...

In the "Account in Dispute" letter you sent them did you actually write anywhere "Formal Complaint"?

On receipt of your letter did Halifax send you a letter confirming your complaint was being investigated by BLAH BLAH BLAH ...... and enclosing their Complaints Procedure ...... It should list out the exact format they follow.

You are obviously unhappy with their first response (and so you should be) .....

Now follow their guidelines regarding "still unhappy after our initial response" ... (they will word it something like that).

 

I know this all takes time but it will be in your favour in the long term .... because it will show you have followed procedure and done all the correct things ..... if you are still not happy after eight weeks from first complaining you send complaint to FOS who then become involved.

 

To BOS ..... Send the letter babybear39 advises above.

 

Onwards and Upwards

 

Chalkitup

[HalifaxPickle!]

Hello Halifax Pickle,

 

Right ... had good read of your thread....

 

Regarding Halifax...

In the "Account in Dispute" letter you sent them did you actually write anywhere "Formal Complaint"?

On receipt of your letter did Halifax send you a letter confirming your complaint was being investigated by BLAH BLAH BLAH ...... and enclosing their Complaints Procedure ...... It should list out the exact format they follow.

You are obviously unhappy with their first response (and so you should be) .....

Now follow their guidelines regarding "still unhappy after our initial response" ... (they will word it something like that).

 

I know this all takes time but it will be in your favour in the long term .... because it will show you have followed procedure and done all the correct things ..... if you are still not happy after eight weeks from first complaining you send complaint to FOS who then become involved.

 

To BOS ..... Send the letter babybear39 advises above.

 

Onwards and Upwards

 

Chalkitup

 

Thanks for the reply.

 

I did state Formal Complaint in the reply to BOS but I dont think to Halifax, but it was Halifax who replied stating that they are sorry that I had felt the need to make a complaint etc:confused:

 

Halifax replied with their complaints leaflet and what the proper procedures are, I then sent a letter which someone advised me to do then they replied with the letter I spoke about a couple of posts back.

 

Is there a template for another letter to Halifax to state that I am still not happy with the result the have given, giving why I feel the CCA is uneforceable and if so what wording should I use? I am rubbish at anything like that.

 

....and do I send the letter that Babybear suggested to BOS as well and pop a copy in with a letter to the Halifax?

 

Thanks

 

HP

x

[babybear39]

Send the letter i posted earlier to BOS and pop a copy in with this to halifax:

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE at law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines, the Unfair Commercial Practices Directive and the Consumer Protection from Unfair Trading Regulations 2008.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

[HalifaxPickle!]

More help needed now!!!!!!!!!!!!!!!!!

 

My case worker has just called within Halifax regarding my Overdraft as I was moved to the Cutomer Priority Team as I have a terminal illness. I spent out on a letter from my GP just 3 weeks ago!!

 

Now she has just told me that they can NO longer help me as my debt has been passed to Blair, Oliver & Scott and Halfax no longer own the debt. She stated that she would be passing her files to them which proves that I am terminally ill and they will start calling/writing to me. She gave me their number to call them to set up an agreement to pay.

 

I know I have to pay this but I cant believe the Halifax have done this to me. I am in tears and fed up with it all.

[babybear39]

*hugs* HP...

 

I cannot say what I feel about the way in which you are being treated or I'll get cagbotted

 

Halifax have just proved themselves to be heartless monsters. BOS are part of the same company, so she's talking BS

 

Still send out the letters I've given you as you have nothing in writing from halifax yet

Edited July 30, 2008 by babybear39
spelling

[babybear39]

Have you written to/contacted your MP yet?

[HalifaxPickle!]

Have you written to/contacted your MP yet?

 

No I havent. I am sure he has more important things to take care of than me.

 

I can offer £5.00pm on the OD thats all. I dont want debt collectors coming to my house.

 

HP

[Chalkitup]

babybear beat me to it ......

 

I can not believe the way you are being treated by Halifax.

 

Again you are being mislead!!

 

The letter babybear says send to Halifax shows one hundred per cent now that it is a Formal Complaint.

 

I am in the middle of seven formal complaints ...... you would not believe the mis leading rubbish that I am being told.

 

Onwards and Upwards

 

Chalkitup

[babybear39]

Your MP is paid to help you as much as he/she can. Please contact them as a matter of urgency...

[HalifaxPickle!]

Is this letter OK for Halifax regarding the complaint???

 

 

My address

HBOS Plc/FAO: Mr J S Mann

PO Box 607

Trinity Road

Halifax

HX1 2UJ

31st July 2008

Dear Mr J S Mann

 

Account Number:

Complaint reference:

Formal Complaint

 

Dear Mr J S Mann

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On 22nd April 2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on the 12th May 2008.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE at law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines, the Unfair Commercial Practices Directive and the Consumer Protection from Unfair Trading Regulations 2008.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

Please also find enclosed a copy of a letter I sent to Blair, Oliver, Scott today as they are committing an offense by chasing a debt that is in dispute and unenforceable.

I have been advised to contact my local MP and ask if he can assist me with dealing with your incompetence as I am quickly running out of energy and my health/disabilities are being made worse by your constant disregard of blatantly ignoring my requests for what I have asked for which has always been stated clearly.

Please also note again that I have a TERMINAL ILLNESS and have provided evidence of this in way of a letter from my GP. I can also provide proof that I require a full-time carer, I receive care from my local council and my home has been adapted for my wheelchair use and high demanded care needs.

I await your rapid response.

Yours sincerely

Mrs

 

I have added a couple of extra bits but dont know if they are suitable or worded correctly???

 

Thanks and sorry to be a nuisance.

 

HP

[babybear39]

Great letter HP You're not being a niusance at all, it's what we're here for.

 

Send a copy of it with a letter to your MP.

[HalifaxPickle!]

Great letter HP You're not being a niusance at all, it's what we're here for.

 

Send a copy of it with a letter to your MP.

 

Thanks Babybear....I really appreciate all your help and advice. You have made me feel better and I dont feel sick so much now:D

 

Can you advise what to say in the letter to my MP, as my brain is now hurting.

 

Thanks

[babybear39]

Just a brief outline of the saga so far and a strong plea for urgent help as this is seriously affecting your quality of life.

[HalifaxPickle!]

Do I send the letters to Halifax and BOS recorded as sometimes they dont sign for them?

[babybear39]

I always recommend recorded, and attach a copy of the letter to the relevant postal receipt.

[citizenB]

I can only reiterate what BB and chalkit up have advised . I too cannot believe the stance Halifax have taken. {{{Hugs}}}}}

[xxorlsxx]

The CAB sometimes in special circumstances send an outreach worker to people who cant get to them, also ask to get an appointment with a debt caseworker who can do all of the negotiation for you.

If they do pass the debt on to a DCA, dont deal with them on the phone, send them a CCA req and as you are on benefits and terminally ill (so sorry) offer them £1 per month and NO MORE, when the DCA scumbags realise that they 'aint' going to make a lot of money out of you they will lose interest and either pass it on to the OC or another DCA.

Go to the 'whatchdog' website and tell 'em about this situation they would be good to get on board.

[HalifaxPickle!]

The CAB sometimes in special circumstances send an outreach worker to people who cant get to them, also ask to get an appointment with a debt caseworker who can do all of the negotiation for you.

If they do pass the debt on to a DCA, dont deal with them on the phone, send them a CCA req and as you are on benefits and terminally ill (so sorry) offer them £1 per month and NO MORE, when the DCA scumbags realise that they 'aint' going to make a lot of money out of you they will lose interest and either pass it on to the OC or another DCA.

Go to the 'whatchdog' website and tell 'em about this situation they would be good to get on board.

 

I have CCA'd on the Credit card but dont think I can with the Overdraft????

 

Do I offer £1.00pm on the OD?

 

Thanks

 

HP

[babydoll0141917]

hi HP

 

yep offer 1.00 on the OD also

[HalifaxPickle!]

Morning Again!

 

I have just received another letter from BOS stating that they are now collecting the £1550 outstanding on the overdraft and they want the full amount or to call them and set up a regular payment.

 

Can someone help me with a letter offering them £1.00 pm including that I am terminlly ill? I really dont have any energy today.

 

Thanks HP

[HalifaxPickle!]

Does this seem ok?

 

My Address

Blair, Oliver and Scott Ltd

P.O. Box 66

Rosyth

Fife

KY11 2WG

 

 

31st July 2008

Client: Halifax

Account Number:

BOS Ref:

Dear Sir/Madam

Thank you for your request for payment on the above account number with the outstanding balance of £1549.81.

I was told yesterday by my Priority Team worker Ann Campbell that she was going to pass her file on to you. I am terminally ill and she will provide you with proof from my GP.

I don’t understand why I have been moved to Blair, Oliver & Scott as I was only moved to the Customer Priority Team at the end of June 2008. I was given 21 days to provide a letter from my GP stating that I am ill/disabled which I did.

I have a full-time carer whom lives with me 24/7. I have a disabled adapted home and also receive care from my local council, which I can all fully prove if you require. As stated before though, I have sent all this evidence to Ann Campbell of the Priority Team and has been accepted by them that this accurate.

My disabilities and illnesses mean that I have no energy, in constant severe pain, am doubly incontinent and have mental health problems. I am also receiving chemo at the moment. I am fully dependant on other people to receive help and care with all daily duties which include, bathing, going to the toilet, cooking meals, taking me to hospital, getting me dressed etc-most things that people take for granted.

I am unable to talk on the phone so would ask that you contact me through writing only as I am not capable of talking on the phone. I am also a wheelchair user.

Because of my health I am no longer working and rely on state benefits to live. Being disabled I have more costs than an average person.

I don’t have much excess money left at the end of the month, but as I know I owe this money, I can offer to pay £1.00 per month. I understand that this doesn’t sound much, but to me it’s a lot.

Please contact me via letter ASAP to accept this offer. Please accept the enclosed cheque for £1.00 to cover this months payment.

Yours sincerely

Mrs

Any wording problems?.....sorry its such a personal letter and I will delete later if it needs to be.

Thanks HP

[babybear39]

The letter looks great but make sure you include in it that you are paying under extreme duress due to the nature of the way in which you are being treated. Also continue with the complaints to everyone including halifax, BOS and your MP.

 

*hugs*

[Misterzeus]

HalifaxPickle, I have read through your thread and I am in total disbelief at the way you have been treated by the Halifax. They ought to be thoroughly ashamed of themselves.

 

I truly hope you manage to get it sorted out soon, big hugs

 

Take care, Mrs Z

[banker_rhymes_with]

Hello HP!

 

I'd strongly advise leaving this bit out of your letter...

 

...but as I know I owe this money...

 

Best policy is to never admit a Debt if you can, as someone down the line may use that against you.

 

By all means be polite to them, but you don't want to hand them anything they don't need!

 

Cheers,

BRW

[Chalkitup]

Hello HalifaxPickle,

 

Question for you.....

 

The balance of £15XX.XX quoted by BOS in their letter today ...... are they still adding interest and fees monthly as they were in April?

 

Onwards and Upwards

 

Chalkitup