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

[citizenB]

You need to ask the original creditor for the Credit Card agreement so send that out to the Halifax as soon as you can.

[HalifaxPickle!]

What would be the best address to send this too?

 

HP

[citizenB]

What would be the best address to send this too?

 

HP

 

 

The following addres is where I sent my request:

 

Halifax

Card Services

Pitreavie Bsiness Park

Dunfermline

Fife

KY99 4BS

 

 

ATTENTION: Customer Services

[caro]

Here's a bit more information for you on CCA's. Take your time and have a good look round the site. There's a lot to take in.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1005260

 

Send the CCA to the address of any correspondence you have. Any registered office should be acceptable.

[patrickq1]

sad case i had my loan of 25k with halifax fortunitely i was insured through their PPI and they paid in full so looks like i am one of the lucky ones have nt you got PPI insurance with this 18k ,

hope it get easier for you ,we found going direct to them with cards on table they were very helpful but i suppose that is because we went straight away as soon as i became ill they even redused our mortgage payments in aid to help us further and get back on our feet,so i feel sorry that you seem to be getting hastle good luck and listen to the advice you get on here

patrickq1

[ncf355]

Halifax are part of HBOS PLC, so...............

 

Legal Department

HBOS PLC

TRINITY ROAD

HALIFAX

HX1 2RG

[ncf355]

(note - posted this then the others above appeared - I favour this as its in England)

[babybear39]

The Scottish address is their main admin. or used to be...

[caro]

Best to stick to English addresses if you're in England to avoid the possibility of getting embroiled in the Scottish legal system inadvertently.

[pt2537]

Hi HP

 

what a shocking situation you have there

 

im not sure if you will find this helpful but this is the CCA request letter i use as i find the template leaves creditors room to say " you never asked for this or that"

 

 

Your street

 

District

County

Postcode

 

DATE

 

 

The Bank

Street

District

County

Postcode

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

 

 

 

Yours faithfully

XXXXXXXXXXXX

 

[spiritgirl59]

Hello H.P.

 

Everyone has given you such brilliant advice already, but I just wanted to add my support to this thread, and to say how absolutely appalled I am that the Halifax can treat you this way.

 

I must admit I do feel going to the press would be a good call in your situation. What with the "credit crunch" storylines in all the news at the moment, it will help to show just what bullying tactics some companies are prepared to stoop to to try to claw back money from the most vulnerable people in our society.

 

Another good newspaper is the Mirror - Penman & Sommerlad Investigate (email: [email protected]). These 2 reporters specialise in exposing injustice.

 

Whatever you decide to do, there is no way the Halifax can "force" you to pay more than you can afford, and as you are on Benefits too. I have been in that situation and with the help of the CAB I offered £1 per month to my creditors which was accepted by all of them. I would definitely suggest you contact the CAB again and ask them to visit you at home as a matter of urgency. You need to tell them about Halifax's behaviour.

 

You'll get so much help and support off here H.P., we are all rooting for you and thinking of you.

 

Love S.G.

[babybear39]

Get Trading Standards involved too ASAP, they came to visit me at home as I'm disabled, here's the link:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[caro]

Are the debts just in your name or joint? It seems a shame when your time is limited to have to waste it dealing with all this if it can be avoided.

[HalifaxPickle!]

Are the debts just in your name or joint? It seems a shame when your time is limited to have to waste it dealing with all this if it can be avoided.

 

Its all in my name.

 

HP

[noomill060]

Just in case no one has pointed out, you MUST include the maximum CCA request fee of £1 with your CCA request or they can ignore it!

 

The best way to pay this, is by Postal Order and it is proof positive that you have paid it. You get a reciept showing to whom it was paid to and the date it was issued.

 

Keep this reciept safe, in fact I would staple it to a copy of pt2535's CCA request, along with your part of the Recorded Delivery docket and keep it all in a safe place.

 

You can then prove that:

 

1) The CCA request was sent.

 

2) When the CCA request was sent and proof that it was recieved ( from Royal Mail's track and trace www.royalmail.com

 

3) Proof that the £1 fee was paid.

 

This will shut them up, for a while at least, while we gather forces against the Enemy.

 

You are not alone anymore.

 

 

 

Good luck

[ian1969uk]

HP, what area of the country are you in?

[car2403]

Wow... what a thread... Looks like you're getting loads of good advice, so there's nothing that I can add here.

 

Personally, I don't feel that the CAB will help you here - they take the stance that the debt is legitimately owed (which it is) so will advise you to make affordable payments. Why make payments (even if they are affordable) to a debt that can't be enforced against you when you are in such a tight situation? (Disclaimer: this is my opinion only!)

 

I do just want to point something out, however;

 

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.

 

This isn't quite accurate.

 

If the agreement can't be found, the debt becomes unenforceable under the Consumer Credit Act 1974 - s.60/s.61 and s.127(3) are the relevant sections. Without a correctly executed, properly constructed credit agreement, the debt can't be enforce via a Court.

 

The correction is that the lack of agreement has no effect on the outstanding balance whatsoever - it just means that they can't chase you through the Courts. This won't stop them attempting to Default/Terminate you, as their "systems" aren't built to handle an "unenforceable debt" so the usual process will apply. Any Default/Termination of the agreement will also be unlawful under the Act and will make the recording of such information unlawful under the DPA 1998 as it will be inaccurate. (In effect, you can't be "Defaulted" under an improperly executed agreement as it is incapable of being Defaulted)

 

It's hard to say, but you must stand your ground against these people - following some simple rules will help you, given your circumstances. (Actually, these apply to everyone reading this thread, not just those that are "vulnerable" as the original poster is)

 

The first rule is to NEVER, EVER speak to them by phone. If they call up, you must say "after seeking specialist legal advice, I am not prepared to discuss this account by phone - all communication must be in writing, as I have already requested". At this point, hang up. Don't get into a "you must talk to us or else" conversation with them - this lot are trained to scare you in to submission, but with the help of CAG, you will get through this.

 

The second rule is to send the harassment letter (already posted above) and ensure you stick to your word. If they continue to chase you after this, come back here for more specific advice.

 

The third rule is to keep your thread up to date with EVERYTHING that happens - including posting up details of letters received, with your personal/identifying details removed. You should be aware that DCA's regularly scour these threads looking for "insider" information on your approach. If you are unsure as to whether you can/should post something up, run it past a site helper/mod, or someone that has helped you in your thread before doing so - we don't want to give the game away by publicly posting.

 

The fourth rule is to not panic and relax. This is easy for me to say, less easy for you to do. There will be massess of periods of time where nothing appears to be happening - this works in your favour. There will also be periods where there seems to be loads and loads happening and you'll feel like you just can't keep up - this is the time when you must rely on CAG for support.

 

Hope all this helps, but I just wanted to clarifiy these points before we really get stuck in, here...

 

[patrickq1]

i have read your thread again and seems strange that the Halifax are acting in this way and being so abrupt with you,if they have sent you a letter agreeing to the reduced payments shedule can you possibly post it on here ,and if you can it might be helpful if you can ring halifax and speak with the branch manager to see where this has gone wrong beleive me they are normally more sympathetic and this is what i find difficult to understand how it can have turned so ugly ,but i am only going of personal experiance and not forgetting i have been with them for over 30 years,,,i asked the question was the card/loan not on PPI insurance and also the advice you have been given on this thread has been excellent so i can only add try to contact the branch manager with your pleas for his intervention once you have explained the circumstances in full including your illness

patrickq1

[pford]

i have read your thread again and seems strange that the Halifax are acting in this way and being so abrupt with you,if they have sent you a letter agreeing to the reduced payments shedule can you possibly post it on here ,and if you can it might be helpful if you can ring halifax and speak with the branch manager to see where this has gone wrong beleive me they are normally more sympathetic and this is what i find difficult to understand how it can have turned so ugly ,but i am only going of personal experiance and not forgetting i have been with them for over 30 years,,,i asked the question was the card/loan not on PPI insurance and also the advice you have been given on this thread has been excellent so i can only add try to contact the branch manager with your pleas for his intervention once you have explained the circumstances in full including your illness

patrickq1

 

This doesn’t surprise me in the slightest with what the Halifax are doing.

This is there normal policy in that you have to be in 6 months in arrears before they issue you with a default notice. They did the exact same to me let me pay them £20 a month for 6 months then the default notice and passed straight to Blair, Oliver and Scott for a long term solution of the repayment of the debt.

Debt wrote of now has no CCA provide.

[sosumi]

I'm astonished at this. :mad:

HalifaxPickle, as others have said, you need to contact the press and your local MP. xx

Halifax Bank - I hope you read this. Shame on you:mad:

[ScarletPimpernel]

The attitude of the Halifax is despicable. I suspect that a complaint about the behaviour of their staff will be met with the 'Nuremberg defence' - they were only following orders.

 

I'll echo car2403's excellent advice in re CAB; like CCCS and Paypal they assume that the debt is owed. Further, only their trained debt advisors are any good with this sort of thing.

[caro]

Why make payments (even if they are affordable) to a debt that can't be enforced against you when you are in such a tight situation? (Disclaimer: this is my opinion only!)

 

Glad you made that disclaimer car2403. As you know, CAG does not advocate debt evasion.

 

This isn't quite accurate.

 

If the agreement can't be found, the debt becomes unenforceable under the Consumer Credit Act 1974 - s.60/s.61 and s.127(3) are the relevant sections. Without a correctly executed, properly constructed credit agreement, the debt can't be enforce via a Court.

 

The correction is that the lack of agreement has no effect on the outstanding balance whatsoever - it just means that they can't chase you through the Courts. This won't stop them attempting to Default/Terminate you, as their "systems" aren't built to handle an "unenforceable debt" so the usual process will apply. Any Default/Termination of the agreement will also be unlawful under the Act and will make the recording of such information unlawful under the Data Protection Act 1998 as it will be inaccurate. (In effect, you can't be "Defaulted" under an improperly executed agreement as it is incapable of being Defaulted)

 

Quite right on that one. Should the agreement ever be found at a later date and proved enforceable, the debt would still be owing. A very good reason to think long and hard before deciding not to pay debts you can afford, or make an affordable offer to settle them.

 

In this particular case the chances of this happening are probably remote. Let's see what comes up from the request before the OP decides how she wants to proceed.

[HalifaxPickle!]

i have read your thread again and seems strange that the Halifax are acting in this way and being so abrupt with you,if they have sent you a letter agreeing to the reduced payments shedule can you possibly post it on here ,and if you can it might be helpful if you can ring halifax and speak with the branch manager to see where this has gone wrong beleive me they are normally more sympathetic and this is what i find difficult to understand how it can have turned so ugly ,but i am only going of personal experiance and not forgetting i have been with them for over 30 years,,,i asked the question was the card/loan not on PPI insurance and also the advice you have been given on this thread has been excellent so i can only add try to contact the branch manager with your pleas for his intervention once you have explained the circumstances in full including your illness

patrickq1

 

 

No PPI on either the CC or the OD I'm afraid.

 

The CAB have sent off letters from my GP with regards to proof of terminal illness.

 

I am not trying to get out of paying as Im not that kind of person, its just that I can not afford the monthly payments they would like me to pay. My parents have offered me some money to clear the debt and a friend has suggested offering a settlement but dont know if they would do this or how to ask for one etc. They could raise some of the money but not all of it. I really dont want to accept money from my parents and would like to pay them off myself, but its going to take time which I dont really have.

 

HP

[Enron]

Sounds like you are getting lots of helpful advice here.

 

However, from the point of view of phonecalls if this is still continuing - quote that you can legally get these to cease with the use of the "Protection From Harassment Act 1997" if they do not comply with your formal requests for them to stop contacting you by phone.... even if you don't intend to go down the legal route the threat of your using it normally should suffice.

 

Heres the link if you want to have a quick read.

 

Protection from Harassment Act 1997 (c. 40)

 

From the mere publicity viewpoint the fact that they are hounding you is bad enough considerring your predicament.

 

As such would consider contacting a paper such as the guardian, who will no doubt contact them to enquire which should put a stop to there bad behaviour.

 

I'm thinking if someone could organise a protest outside a branch of Halifax in your area that would highlight the issue, and put them in a bad light.

 

Also definately contact watchdog as what Halifax are doing is not on - it feels very good to be empowerred in this kind of situation.

 

In this instance the right thing for Halifax to do would be to write off the debt considerring your situation.... though you might have to bang the drum of publicity a little bit for this to occur.

 

And obviously follow the advice to CCA your accounts as requested, and the mods will help you with this if you need advise.

[Rhia]

I think you should raise the stakes here. Send an official complaint to their Chief Executive. They will only throw it down the line but it will be seen there and who knows someone may just think it's all out of order.. Carry on with the other advice it's solid.

This is an awful thing for you to face at this time. It's something the FOS should be looking into I think. Perhaps if you send your doctor's note they would fast track a complaint in some way.