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

[HalifaxPickle!]

I really need some help and advice.

 

I have got myself into a right pickle with Halifax.

 

I owe just over 18k on a CC and 2k on a bank account (od).

 

I became disabled about 10 months ago and can no longer work and have a terminal illness. I contacted Halifax whom asked that I contact someone to help me with my financial in and outs. My local CAB have helped me and as I am unable to attend their office, they have delat wiht it all by post for me. They sent letters on my behalf explaining my illnesses and offer of payments etc. Halifax said that as I wasnt able to offer 1% of what I owed each month all fees and interest would still be added, but they accepted £20pm on the CC and £2pm on the overdraft. I have been making these payments without fail for the past 6 months and they have occasionally bothered me on the phone, but in all, not too bad.

 

This week I have received a default notice from each account stating that I need to pay the balances in full, which I dont have. I called them this morning and the lady was rude to me stating that as I am behind 6 months they will now pass it to an outside DCA. I explained me being terminally ill and she said it didnt matter and that I should continue to keep making payments to them whilst they send me to the DCA. I explained that I was worried about phonecalls and doorstep callers as I am in a wheelchair and unwell and she has placed a no call note on my account for 10 days. She said they are within their rights to call me as I have given them authority to use my home number...I havent and the CAB made this quite clear to them in their letter.

 

Does this mean after 10 days I will be hounded with calls? I cant cope with that. Also, what will be the process of the DCA? I have minimal money coming in and am relying on IS, DLA and Carers allowance which my partner receives-he has had to give up work too. We have a disabled daughter too. Will I have to go through the whole thing again with the DCA about my illnesses etc and get the CAB involved again?

 

I cant afford anymore than what Im paying ATM and even that is a stretch as we barely have enough at the end of the month.

 

Please advise me as I am really really worried.

 

Thanks

 

HP

[citizenB]

I would get back in touch with CAB, they should still have a record of what they arranged for you. This is one of the main problems of communicating by phone. There is no way they would put in writing what they have said to you. xx

[zazen.warrior]

H you will get more support here than you believed possible; it will get better from now on trust me!

 

I'm not sure the best starting point for your circumstances but someone will be along very soon who can advise.

[Mrs_Ryan]

There is some act which you can use to place a request to stop them calling you on grounds of illness, I used it against 1st Credit. I cant remember what it is but Ive got it on a letter at home, when I find it I'll post it for you.

[42man]

It might be worth, calling the National Debtline, (free and confidential - )....and it might also be worth contacting your MP to explain the situation.....I can't believe these people suddenly coming out of the blue and threatening you....

 

In the mean time I would send out a request for your consumer credit agreement (bank accounts are not covered)....

 

Send letter N from here... http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

At the bottom of the letter please state that you will only accept written correspondence and any phone calls will be classed as harrassment and treated as such....if they continue to call, write down all the dates and the times that they call....

 

You need to enclose a £1 postal order and send the letter by recorded delivery....

 

You might be interested in this thread too by someone who was in a similar position to yourself...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102011-blair-oliver-scott-bank.html

[babybear39]

Hi and welcome Halifaxpickle!,

 

Sorry to read about your circumstances and the dreadful way in which Halifax are treating you.

 

This really highlights the need for LEGISLATION NOT GUIDLINES.

 

How dare Halifax treat a terminally ill, disabled person with such indignity and contmept.

 

Write to your MP ASAP and get them involved. You shouldn't have to deal with this in your situation

 

Because you're on benefits the most they should expect is a token payment of £1 a month. They have no right to touch your DLA or carer's allowance.

 

*hugs* to you and your family...

[ncf355]

I explained me being terminally ill and she said it didnt matter and that I should continue to keep making payments to them whilst they send me to the DCA. I explained that I was worried about phonecalls and doorstep callers as I am in a wheelchair and unwell and she has placed a no call note on my account for 10 days. She said they are within their rights to call me as I have given them authority to use my home number...I havent and the CAB made this quite clear to them in their letter.

 

 

Here we have just the kind of things that keeps me fighting these (alleged) scumbags (and that is by no means solely directed at this creditor)

 

What are these people, robots??

 

:mad::mad:

 

You have my ytmost sympathy and I can only beging to imagine how you must feel, even without these "people" giving you so much griief

 

Help is at hand

 

 

Have you CCA'd Halifax for the credit card via a Section 78 request?

 

How long ago was the card taken out?

 

 

I will draw this thread to the attention of others

 

 

I am still raging at this

 

:mad:

[Cornucopia]

I am so sorry to hear of your predicament. It is sickening. There are lots of things you can do for yourself, but this will clearly be very difficult under the circumstances. I would also refer this back to your original adviser at the CAB. This is a disgraceful situation.

 

Do you know, I would also be minded to take this to the press. Halifax will not want that sort of publicity, but I really would give it due consideration. Such behaviour ought to be publicised. That is just my opinion. Tony Hetherington from the Financial Mail is a good "peoples' champion".

 

Call your adviser as soon as you possibly can and update us on what they now advise you to do.

 

With very best wishes to you and your family,

 

Corn x:)

[Iceman54]

Another example of the care and compassion of the finance industry

 

HP I know its difficult not to worry but you will get lots of help here.

 

I have been a member of this forum for about 2 weeks and now instead of dreading the phone ringing or the post man delivering mail, I am actually starting to look forward to these events.

 

This site gives you the knowledge of how to deal with the low life that is the finance industry, dont worry if everything seems a little complex and confusing, there are very good, learned people on here who will take you through each stage of the process step by step

[gh2008]

If you haven't done so already, open a new 'basic' bank account with a bank outside of the HBOS group.

 

Arrange for your benefits to be paid into teh new account and move any DDs and SOs over.

 

If your sole source of income is benefit payments then reduce your repayments to £1 to each account.

The first month of that, buy you & your family a little treat with the £19 saved - YOU DESERVE IT.

 

The main thing is try to relax and not worry - you will be helped all the way. Also remember there is no such thing as a silly question - rather than worry about anything, just ask. Someone on here will have been there before.

 

Good luck & keep smiling

 

BTW Do you have any assets or own property?

[adamski]

this makes me mad, how low can these people get, fear not you will be helped we are all behind you every step.

DO not be scared by these inhuman bullys they thrive on harrasment and fear, they cannot do any worse to you than has already happened to you

[gh2008]

Oh, the Default Notices - although they look really scary they are just a procedure that Halifax have to follow before they can call on the DCAs (debt collecting agencies) to do their dirty work for them.

 

I expect the first 'outside DCA' contact you will have will be from Blair Oliver & Scott (BOS) who just happen to be 'inside' and part of the HBOS group along with Halifax themselves

[HalifaxPickle!]

Thanks for all the great and welcoming comments:D

 

I havent asked for a CCA. The card was taken as a student CC back in 2001 with a limit of £350...this increased to £15,000 over the following 7 years. Should I wait for the DCA to contact me then ask for this?

 

The lady on the phone said it was BOS DCA...what are these like to deal with?

 

Is there a template for the CCA letter and the nuisance call one:confused: ...sorry for all the questions.

 

I am just finding it all quite confusing and humiliating. Up to last year, my husband and I were both working in good jobs and were able to pay the CC's every month. Foolishly we only paid minimum amounts, although we could have paid more. I suppose this teaches you, that we do not know whats around the corner. I am in my early 30's and probably wont live past my 35th birthday.

 

With regards to the CAB, I am in contact only via post ATM due to my illness. Should I contact them now to let them know that I am being passed to a DCA?

 

We have another 5 CC's between us but have no balance on any of them. We havent used the CC's for nearly a year and dont intend to do so, but would like to keep 1 or 2 for back up/internet shopping etc as I cant get out. Will we have to hand these back? They are with Capital One, BC and Skycard.

 

Thanks for all the super quick advice.

 

HP

[babybear39]

Here's the letters you need:

 

Amend to suit.

 

 

CCA request:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

 

Enclose £1 postal order as payment and send recorded or special delivery. Keep copies of everything and use a £1 postal order as payment keeping o record of the number to see if they cash it.

 

 

Harassment by telephone letter:

 

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

Amend to suit and also send recorded.

[babybear39]

Was it Blair, Oliver Scott the woman said it was being sent too?

 

With regard to CAB, I'm not too sure what they would suggest

[Paul Marks]

Asbolute disbelief! How dare they treat you like that. I feel sick. My sister who is disabled had some problems a year or so ago, and she contacted her local CAB.

 

The CAB came out to see her and helped her sort her issues out. Give them a call and ask them if they can send someone to see you, it is not an unreasonable request...

 

Please give them a call! I hope thats a start for you...

 

Hugs

Paul

[caro]

Hi and welcome. I agree you'll get plenty of help and support from caggers.

 

1. Send this letter (as has been mentioned). http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html If the agreement can't be found then your credit card debt will have to be written off.

 

2. Open a parachute account with another bank and get all your income paid into that account, and start paying bills from there.

 

3. In the meantime also send this letter to stop telephone harassment. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

 

4. Assuming that there are bank charges on your overdraft I suggest that you start claiming those back. Most cases are on hold these days due to the OFT court case, but in cases of genuine hardship the banks still have to deal with cases. In your circumstances I would hope that you may warrant your charges being repaid sooner rather than later. The FAQ's and step by step instructions can be found here. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

This may seem like a lot to do, but there are templates for everything and plenty of people to help if you post your questions here on your thread.

 

You have a lot of reading to do, but I think you'll find it worth the effort. Good luck - it's time you had some. xx

[HalifaxPickle!]

Was it Blair, Oliver Scott the woman said it was being sent too?

 

With regard to CAB, I'm not too sure what they would suggest

 

Yes it was.

[babybear39]

They're HBOS' in house debt collection department, so not an oustside DCA like the nawty fibbing woman told you

[adamski]

i hope she can sleep at night

[HalifaxPickle!]

What does the CCA letter actually mean? I have tried to look through to see if I can simplify it, but my poor brian isnt taking it in:(

 

I dont recall signing anything, but my memory isnt so good ATM and may well have done. Does it need their signature on it too:confused: ...as you can tell, I am confused.

 

Thanks

 

HP

x

[babybear39]

Bacically, it's a request for a true copy of your consumer credit agreement with the legal bits in

[Santos L Helper]

Hi

First off send the CCA request for the credit card, keep the postal order receipt and get proof of posting/recorded delivery slip etc.

Then wait for a reply, mine took 8 months .

You will be contacted by Blair, Oliver and Scot who are the Halifax DCA. They will ignore everything you send and reply to nothing, but then send you the standard computer generated threats all the time

Keep a copy of everything you send, along with proof of posting/recorded delivery slips.

Any post you receive, write the date you received it on the envelope and staple the envelope to the letter.

Halifax/Blair Oliver and Scott have a habit of dating everything 2 weeks before they post it, but if you have letters/envelopes all dated, you know exactly when correspondence was received.

Read around the forums, read some more and keep on reading. There is tons of information regarding your rights etc.

You are in control now.

With regards to the other credit cards you have, they will not be affected by anything as long as you use them wisely and pay when due.

Hope this helps

Santos

[vinegarvera]

i hope she can sleep at night

 

 

i hope she can't!!!!!

[HalifaxPickle!]

Thank you everyone.

 

Should I wait then for it to go to BOS before I send the CCA letter?

 

Thanks

 

HP