Jump to content


  • Tweets

  • Posts

    • Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

"HARDSHIP CASES" The HBOS and me.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5733 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all on the forum, I am flaminscott.

I have been on this site before I was making a claim against the HBOS.

My case has been put on hold as I am sure many others have.

I contacted the ombudsman, and made a formal complaint through the ombudsman, and have now had a letter back from HBOS,

If any one else out there has any further info after making a similer action please can you let me know..

Flaminscott.:)

Link to post
Share on other sites

What letter did you get back?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Hi sea-side lady,

The letter I got back was just the standard we are sorry to hear you are unhappy etc and that they will now be looking into my complaint.

so I am now in the process of writing back with full detais of my complaint!

 

Flaminscott.

Link to post
Share on other sites

Your title says "hardship cases", is it safe to assume this is the basis of your complaint?

 

If your claim concerns hardship your own bank can (and indeed ought to) address the matter. If this is the basis of your complaint then I imagine the FOS will be sympathetic.

 

I am a little in the dark here becase I haven't seen any actual hardship cases myself BUT I know our policy guidelines basically say the person has to have a breakdown of income and expenditure (the sort of thing debt advice charities do).

 

I apologize if you have given info re your circumstances elsewhere, I don't normally frequent the Halifax section, I just saw your title and thought I may be able to help.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

Hi indebtstudent,

YES to everything you have said so far.

1, The Halifax has taken so much mony from my account in penalty charges that now I can not pay off my monthly credit card bills and so I am in areas and my two card coys are charging me fees for going over limit fees, and late payment charges driving me further and further into debt.

2. I am now with a charity called PayPlan who are sorting things out for me.

3. The ombudsman has taken my complaint on and are now asking the Halifax to look at my complaint.

The Halifax has been given 8 weeks to respond and have contacted me by letter saying they are going to look into my complaint.... thats all the story so far.

4. what has caused my cash flow problem is that my employers have not been paying my full pay at iregular intervals, I have tried explaining this to The Halifax but the charges keep coming one after the other.

5, The last charge that tipped me over the edge was for using my card at Sainsbury`s. I used my card to pay for twenty two pounds worth of goods thinking that there was enough money in my account, and the card was cleared at the till....two days later I got my forth charge for yet another £35 saying that I had gone over my limit. Halifax answer to this was tough **** you should not be a naughty boy etc etc.

I am looking for people who are in a similar situation and all mail will be answered has soon as I have read them....

Flaminscott..

Edited by flaminscott
Link to post
Share on other sites

Ok, based on my understanding of the waiver, banks HAVE TO respond to hardship cases. Your situation is that they've charged you so much you cannot pay your other bills. You have approached a debt charity for help and made Halifax aware of this.

 

Thier response seems akin to sticking the V's up and considering the matter resolved. The fact that they haven't taken the situation seriously should mean the FOS take a very dim view of thier conduct here.

 

You seem to have a very clear idea of what happened and when, this is good, make sure the FOS get all this information. I personally would focus on the following points:-

 

1. Halifax did not make a serious effort to resolve your complaint.

2. Halifax actions have had the effect of proritising the 'debt' you owe them over other NON-PRIORITY debts you have.

 

I think you have a good chance of getting the charges back and getting some sort of payment above this because they haven't followed the FSA policy (which shows IMO how flawed and naive thier approach has been).

 

All of the above is an eudcated guess because I've not seen anyone else in this situation BUT I am making this guess with our hardship policy in mind. Nationwide tends to follow FSA rules more stringently than the banks so this perhaps explains Halifax's poor attitude here.

 

I have had a lot of success using the FOS, and have experienced none of the frustration I've seen others express on here. I'd be happy to take a look at the complaint you have made and make some suggestions if I feel it would help.

 

BTW I assumed you have made Halifax aware of the fact you have gone to a charity for help largely BECAUSE of thier charges. If not do so immediately.

 

Finally I know you may feel very frustrated but take heart from the fact there is a community here willing to help you and the fact you can reclaim other credit charges and interest. I know its a pain but in the end this whole situation WILL cost them more time and money than if they had just been fair in the first place.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

Hi indebtstudent,

Thanks for your suport.

I have drafted a letter of complaint to go to the Halifax.

When I can transfer it to this PC as I am not at home I will be glad of any help and guidence you can give!

Flaminscott

Link to post
Share on other sites

Rightho!

 

Don't be put off by thier waffle, its well known banks think sticking thier head in the sand is a valid method of customer service.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

Hi all on the forum, I am flaminscott.

I have been on this site before I was making a claim against the HBOS.

My case has been put on hold as I am sure many others have.

I contacted the ombudsman, and made a formal complaint through the ombudsman, and have now had a letter back from HBOS,

If any one else out there has any further info after making a similer action please can you let me know..

Flaminscott.:)

 

Hi flaminscott,

 

I believe I am in the same boat as you and am now at my wits end with Halifax,

 

I am currently behind with cc payments and they are taking on average £200 a month out of my account, which I can not afford I have wrote no end of letters to the Halifax requesting they stop charging me due to the finical difficulty they are putting me in, but they have not replied to any of my letters, I can not afford the court fee to be stayed?

I will write to the ombudsman today,

 

My question is how long did it take them to get back to you?

 

And what is this pay plan?

 

REGARDS

Clarkey1

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Hi Tilly,

 

It is a bank account not CC, they are next,

 

One of them have charged me £12 on top of the late fee for braking a promises, can you believe that?

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Hi Tilly,

No problem you go on with all your expertease.

The response back from the Halifax took less than a week even though they were granted eight weeks to contact me.

I was put intouch with "Pay Plan" via the MBNA as I was behind on my loan and card payments thanks to crapyfax!

Pay Plan is a non profit charitable organisation they take over and manage your creditors for you and get them off your back.

Thay are proving to be very helpfull and undersatnding

They will call you back and if you suply them with your outgoings they then work out what you can afford to pay back, you set up a new bank account and a one off DD and then they share out what you can afford to pay back each month they really are very good!

Link to post
Share on other sites

There is a disturbing trend I've noticed recently with regard to debt. It seems various institutions seek to disempower individuals by refusing to let them handle thier own affairs. There are many people who are quite capable of working out a budget and making sustainable offers to creditors which are reasonable given thier income. A lot of organisations simple won't accept it unless you go to one of debt advice charities they think you should go to.

 

For example the goal of the CAB, as well as helping people, is to give people the help they need to allow them to deal with things themselves. Are the banks going to make massive donations to all debt charities since they refuse to deal with individuals who are acting reasonably?

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

You make some very intersting points there Mr Indeptstudent!

I dont now how this charity system works but I think most of it is by volintiers.

I was suprised to find out that even as a charity you are asked to take out an insurance scheeme to cover your debt as they say that when they start working on your pay back plan they say that the credit card banks will not even speak to them with out this one of dd underwriten by an insurance cover!

But at least your are given the option and they dont hide it like some of the covers that are taken out with out your conscent!

All seems very smoke and mirrors to me.

I have a cover scheme with my MBNA card that I did not sign for and their answer is that insurance is set up when you start with bank and it is down to you to stop it, but if you did not know it was there in the first place how can you stop it?

I think the whole comission based banking system needs to be looked at in more detail!

Flaminscott...

Link to post
Share on other sites

Hi all on the forum,

as promised here is latest news hot off the press from shabyslaxBank O`jockland.

As not a word from shhhhhhhhyouknow who, I thought I would give them a call to see how my claim is going on and surprise surprise a letter in the post of todays date.

After bending over backwards burning the candel at both ends and leaving no stone unturned etc etc Halifax can find no grounds for any hardship.....cough cough!!!!

so called FOS and was told that they still have till 19th July 2008 to answer my complaint and if the letter goes on to usual no action to result of court case etc ect then this is a fob of letter and should indicate that this is the Halifaxs final response if it does not inform me of my legal rights and how to contact the ombundsmans and the six month rule then the Ombundsman will formaly carry out their own independant search into how the Halifax has been operating my account and they will then deal directly with the bank on my behalf.....they are not very impressed so far so sounds like things are going to start happening.....

Flaminscott......

Edited by flaminscott
Link to post
Share on other sites

Hi Flaminscott,

 

Do the FOS have a criteria for 'Hardship'? I am in the same position with this bank and have the FOS involved. I am now getting charges for being over my overdraft limit which wouldn't have happened but for their charges.

 

Dear Whoever,

Here is another charge for the charge that put you over the limit.

Link to post
Share on other sites

  • 2 weeks later...

archieL,

yes they do the FSA and the FOS and the banks are suposed to FAST TRACK cases were the account holder makes a claim for hardship.

1. contact your bank make a complaint based on hardship.

2, make a complaint to the FOS. the bank then has 8 weeks to respond to your complaint.

4 the Halifax contacted me with in the week!

5 they then sent me a assesment form to fill in as they could see no reason for my claim but I may have outside evidence with other banks card etc that does not show on my account history(?) ...cough...gough....cow dung!

5 the FOS will only act when the bank gives a final responce in writing!

6. If you are not happy with the final responce then go back to FOS and they will do their own independant search on your behalf.

7. FOS can only function as a go-between arbitrater providing you have NOT started any legal action against the bank.

My last letter from the BoS included a flyer going about the court case etc but it does not say anything about your rights to make a complaint based on hardship or how to make that complaint to the FOS!

they claim that the FOS has agreed to allow the bank to stay any court action you are going to take so my opinion is that the bank are trying to muddy up the water start a paper chase and hope that you will give up and go away .....not ****dy likely!

when i have talked to the FOS i will let you all know how I get on

Flaminscott...

Edited by flaminscott
  • Haha 1
Link to post
Share on other sites

Hi all on dforum,

rang FOS today, and was advised to write back to Halifax demanding their final responce in writing.

If the do not respond by 19 July (end of 8 week time limit) to my satisfaction then FOS will take on my claim and the "60" rule that is they must agree to deal with my complaint with in sixty days while the FOS cary out their own investigation.

I was also advised to write back to the Halifax reminding them that this a "hardship" case that takes priority over any stayed court legal action and waiting for the final court hearing is not an excuse for the Halifax to hide behind send letter recorded dilivery as well in case "it gets lost in the post wink wink know what I mean Gov)... more to follow...

Flaminscott ...

any one else out there going this route can you help with more advice?

Link to post
Share on other sites

  • 1 month later...

Hi all you out there in forum land,

Latest info regarding "hardship case"

as HBoS have not given a final letter and now gone past the last day to respond I have now passed this over to FOS, got letter back from same(FOS), saying that they have now got my formal complaint and due to the high number of complaints they are dealing with, could take some time.

Not a peep from shabyfax... so now waiting to see if FOS actually have any teath or will shissssssh you know who, be allowed to wrigle of the hook once again.

Flaiminscott.

Link to post
Share on other sites

Hi flaminscott,

 

I am very much in the same predicament as you, however, after Halifax did not respond to my compliant after the 8 week I wrote to the Financial Ombubsman.

 

The FO sent a letter to Halifax requesting that they responded with a finale statement that they are unwilling to look at my individual case and gave them 14 days to respond which ran out on Monday.

 

As Halifax are true to form and not responded to them, it has been moved up a gear which I should imagine to be in my favor.

 

That’s as far as I have got at this stage and I will keep you informed of my progress.

 

There is a very nice contact at the FO ([email protected]), she is very helpful and understanding, she may be some help to you?

 

Hope this helps

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

Clarky1.

Hi C1 thanks for your reply sorry did not get back to you sooner but only have limited time on friends PC due to the real hardship I am now thanks to HBoS I could not pay for my BT phone and now have been cut off.

rang The FOS today and are going to send me yet another complaint form to fill in so wil be doing all that again and seeing how it goes from there.

Seeuselataaaaa!

Flaminscott

Link to post
Share on other sites

  • 1 month later...

Hi all on dforum,

Victory.....Halifax cave in with out a shot being fired.

I think that is with the help of the Ombudsman.

Got a letter from Halifax with first offer of £689 not admiting liability but saying does not affect any further action after court case.

I am not sure if this because I followed up my formal complaint through the Ombudsman or if It has just taken them a long time to sort out after in sent them my compleated incom/out going that shows just what kind of hardship they have put me through!!!!!!

So any way now got to look for a template letter acepting this first offer as part payment of my full claim as only the full amount is going to be acepted.

A big thank you to all of you on this first class service.

will be making a donation when payment has been settled ....thanks one again Flaminscott.....

To all those out there in the middle keep fighting as it is worth all the efort in the end:):):)

Link to post
Share on other sites

Well done on getting an offer. Try one of these letters...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...