kingofkings v Halifax

[davey77]

KoK, your name is still showing on that letter.

[izzitme101]

i dont believe your case would be dismissed, it would be stayed pending the outcome of the test case.

I know several people that filed in the last few months and had them stayed, tho im an amateur, im sure someone more knowledgable will confirm this.

[IdaInFife]

they mean stayed.

 

have you wrote to the dca with your payment proposal yet?

 

 

are you going to continue with your claim for bank charges?

 

 

Idax

[kingofkings]

It seems that I made the right choice on sitting on this for a week, before writing my letter to Blair, Oliver and Scott. As it seems this has now been passed to "ANOTHER" debt company.

 

Do you think I should ask for a CCA to delay things a bit more, if I am able to delay this debt until April, I will be able to pay Halifax in full, as I will be debt free from mid-april so I'd have no trouble paying them and getting them off my back before my son is due a month later.

 

Anyway, this time it seems I will be dealing with Robinson, Way & Company Limited, they have been phoning me when I've been at work and leaving messages on my home phone to contact them, they also phoned me at work, well they phone my former employer who forwarded the call to where I work now (I still work in the same building for a different company now). I asked them to call me back at home later that evening, and the person on the other end of the phone said I had a deadline of 8PM to contact them. I asked them briefly what it was about and they wouldn't do anything unless I confirmed any security questions. Which at work I declined to do.

 

Anyway, here a copy of the letter.

 

Robinson, Way & Company Limited Debt Collection Letter

[kingofkings]

I have created a new thread on this, due to the debt with Halifax now being resigned to 'ANOTHER' debt company, this is the 3rd one this issue I have with Halifax that has been assigned the debt.

 

For reference, if you take a look at the following threads, you will have all information on this situation.

 

kingofkings v Halifax (Part Deux) - The Consumer Forums

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158276-issues-halifax-now-albion.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186050-blair-oliver-scott-dca.html

 

And this is a pasted bit of text from my previous thread.

 

Do you think I should ask for a CCA to delay things a bit more, if I am able to delay this debt until April, I will be able to pay Halifax in full, as I will be debt free from mid-april so I'd have no trouble paying them and getting them off my back before my son is due a month later.

 

Anyway, this time it seems I will be dealing with Robinson, Way & Company Limited, they have been phoning me when I've been at work and leaving messages on my home phone to contact them, they also phoned me at work, well they phone my former employer who forwarded the call to where I work now (I still work in the same building for a different company now). I asked them to call me back at home later that evening, and the person on the other end of the phone said I had a deadline of 8PM to contact them. I asked them briefly what it was about and they wouldn't do anything unless I confirmed any security questions. Which at work I declined to do.

 

Anyway, here a copy of the letter.

 

Robinson, Way & Company Limited Debt Collection Letter

 

...

 

Now moving on, I decided to sit on the issue for a while, deciding what to do and receiving a couple of more letters from Robinson, Way & Company Limited. And numerous phone calls where I just replied that I would deal with them in writing only. Here is a copy of the 2nd letter that I received from Robinson, Way and Company Limited.

 

Robinson, Way & Company Limited - Immediate Action Needed Letter

 

I received nothing else, but numerous phone calls, and on April 2nd, I decided that I would write them the following letter asking for a CCA.

 

Letter to Robinson, Way & Company Limited

 

After I got this letter, I received back my £1 postal order, on a small piece of paper it stated that I would be contacted shortly about the CCA.

 

On Saturday (11th April), I received the following letter from Robinson, Way & Company Limited stating that no aggrement was signed due to it being a current account.

 

Reply from Robinson, Way and Company Limited.

So where do I stand on this issue, if RW&CL are saying that there is no signed agreement due it being a current account? I assume this isn't true as I would of had to sign something to open the account in the first place. Otherwise the person who opened the account didn't have to me and could of run up a massive debt in my name?

 

Where do I now stand on this issue, and help, advice and guidence would be great, thanks.

[harrassed senior]

I may be wrong, but I don't think you can go the CCA route with a current bank account.

 

There may be another route, but I personally do not know of one. Others with more expertise will be along.

[the_shadow]

I may be wrong, but I don't think you can go the CCA route with a current bank account.

 

Youre not wrong:) bank accounts/overdrafts are not covered by CCA.

 

Dont think there is any comparable route for bank accounts other than to reclaim unfair charges in county court which will get stayed but will create a counter-claim if they attempt court action against you.

 

S.

[rippedoffagain]

Letter to Robinson, Way & Company Limited

 

After I got this letter, I received back my £1 postal order, on a small piece of paper it stated that I would be contacted shortly about the CCA.

 

On Saturday (11th April), I received the following letter from Robinson, Way & Company Limited stating that no aggrement was signed due to it being a current account.

 

Reply from Robinson, Way and Company Limited.

So where do I stand on this issue, if RW&CL are saying that there is no signed agreement due it being a current account? I assume this isn't true as I would of had to sign something to open the account in the first place. Otherwise the person who opened the account didn't have to me and could of run up a massive debt in my name?

 

Where do I now stand on this issue, and help, advice and guidence would be great, thanks.

 

A current account overdraft is covered by the CCA 1974, but is exempt from requiring an agreement.

 

BTW you might like to remove your personal details from your letter.

[kingofkings]

Thanks for the replies, I probably rushed into things with this, with dealing with so many others in the same way, it never accured to me that it would be exempt from requiring an agreement.

 

I will just await on Robinson, Way & Company Limited to contact me, since they stated they have put the account on hold.

 

Also, I have removed the personal details from my letter.

[kingofkings]

Just need a little bit advice regarding 1st Credit and Halifax Bank Account.

 

The last I heard of this debt to Halifax was around September 2009 where it was dealt with Robinson and Way, which I was paying £50 a fortnight, I think I paid back around £500 but I cannot remember that far back, then I had been made redundant I was unable to meet the £50 a fortnight payment to Robinson and Way.

 

I didn't hear any communication from Halifax or Robinson and Way since I stopped paying.

 

Enter 1st Credit who first contacted me in August about the remaning amount owed to Halifax, totalling £566.53.

 

I soon, sent off a 'Prove It' letter and I got a list of Statements of my account from August 2005 to August 2008.

 

I've gone through all the statements and have found that at least from first glance £560 worth of penalty charges dating back to 2007, which was the start of things then falling into arrears and dipping in and out of being overdrawn and in the black.

 

Now the advice I need from you helpful people here, would I be able to claim these Bank Charge Penalties back which in effect, would make the debt of £566.53 that 1st Credit are chasing for pretty much disappear.

 

Whilst I was waiting for the information from 1st Credit, they have still been sending me letters offering me discounts, as well as my most recent letter that I have to act now to prevent an agent attending my property.

 

So if I can reclaim the charges, or at least advise 1st Credit that the debt they want me to pay is mostly now made up of charges, since anything I paid back to Halifax / Robinson and Way seems to be whatever I 'borrowed' whilst being overdrawn.

[kingofkings]

I've been away since I posted this thread so now bumping in the hope that I can get some advice, or it can be moved to the correct place.

[maroondevo52]

Hi,

 

Claiming back charges on a Bank Account is very difficult now, claiming Hardship or trying BCOBS are about the only options, I've not seen a successful 'normal' claim in a while.

 

Regards.

 

Scott.

[kingofkings]

Thanks for your response.

 

I know that I am unlikely to reclaim any Bank Charges, but simply put would it be enough to get 1st Credit to put the account on hold or not allow 1st Credit to follow through with any Court Proceedings against me to make me pay the full amount in full of the amount they are asking for, which is from my statements, the total amount of charges I've had applied to my account. As it would seem any repayments I've made previously have paid Halifax for what I 'borrowed' with the overdraft facility, and the amount that remains outstanding is the near enough the same total that all penalty charges amount to, par a £1 or 2.

[kingofkings]

I've finally heard back from 1st Credit and now they are asking me to contact Halifax with the disputed of the debt being Penalty Charges and to copies of anything I send to Halifax to 1st Credit.

 

Now I now you cannot reclaim bank charges, but I'm wondering if there is a letter template I can follow where I can then send Halifax a letter in the hope that they back down or possible reduce the debt due to it being penalty charges.

 

Within days of also getting the letter from 1st Credit I also got a letter from Connaught Collections stating that they've been instructed to recover the overdue account from 1st Credit / Halifax and mention they are unaware of any reason why payment is being withheld and to pay the settlement in full within 7 days, and if I don't they will reserve the right to issue legal proceedings.

[kingofkings]

Also, I might just now add that I now have two defaults on my Credit Report for the same debt... Once from Halifax of course and one from 1st Credit all information is the same, except the account number. I've contacted the Credit Reference Agencies to get one of them removed but they've come back and told me they are different accounts so unless Halifax remove their default since 1st Credit have taken over the account it will remain.

[BRIGADIER2JCS]

Also, I might just now add that I now have two defaults on my Credit Report for the same debt... Once from Halifax of course and one from 1st Credit all information is the same, except the account number. I've contacted the Credit Reference Agencies to get one of them removed but they've come back and told me they are different accounts so unless Halifax remove their default since 1st Credit have taken over the account it will remain.

 

Hi I've been asked to take a look at this for you, so did you hace 2 accounts with Halifax ?

 

If not raise formal complaints with the data controllers of 1st Crud and Halifax send screen prints of the CRA entries, there should be only one entry for one account BUT it seems that there may have been a change to the way these accounts are shown now, 1. entry for the original creditor the a new entry side by side when a DCA takes over.

If you need help with the complaint let me know.

[kingofkings]

I only have one Halifax account that is in default, which is of course Penalty charges.

 

The Halifax record on my credit record has the Roll Number of the account and the 1st Credit Record has the Account Number on it so that's why I think the CRA's are saying they are two different accounts, also there is a £1 difference between both.

 

Halifax Plc £ 566 / 30/09/2012 Default

 

Name * - This one has my full name including middle name

Address *

Date of birth 26/12/1984

Account type Current Account

Account number ***********5- 7 0

Account start date 09/09/2004

Opening balance £ 107

Repayment frequency Monthly

Date of default 31/07/2008

Default balance £ 1,580

 

Status history

 

1St Credit (Finance) LTD / £ 567 05/11/2012 Default

 

Name This one only has my first and last name

Address *

Date of birth **/**/****

Account type Current Account

Account number ************91 0

Account start date 09/09/2004

Opening balance £ 1,804

Repayment frequency Monthly

Date of default 19/11/2008

Default balance £ 1,804

Status history

 

 

I've contacted Noddle, which I use for the free credit report, but I also have Equifax from Capital One, Noddle came back asking for more details and I explain the situation and why I felt these accounts were the same, stating that I know they they are the same because I'm currently dealing with it with 1st Credit.

 

In the time I started writing this message I've heard back from Noddle so I hope that it's getting removed soon, should I also contact Equifax in the meantime?

 

Thanks for getting back to us to explain the situation.

I appreciate that it is a little confusing that these lenders have marked the accounts differently when you believe they are the same debt. As you have now confirmed that the Halifax debt was passed onto 1st Credit Finance, we have put through your dispute with Halifax to our disputes team.

 

They will contact Halifax on your behalf to see if we can remove the account and get back to you within 28 days.

 

I do hope this clears things up for you soon but do let me know if you have any questions in the meantime – I’d be happy to help. J

[BRIGADIER2JCS]

I think you will have to raise that complaint asap there is something very wrong if there is only one acount the default dates should be the same.

[kingofkings]

How would I go about raising the complaint?

 

I'll get print outs and screen shots of the Credit Report now, I'm also due a new monthly report from Noddle in 4 days times so if it still appears I can use that as well?

 

I'll have to order and online report from Equifax and print that out as well as on screen. I take it I would only need to send the pages where this appears.

 

This isn't the first time this has happened to me either, see - http://www.consumeractiongroup.co.uk/forum/showthread.php?327155-3-Defaults-for-the-same-debt-help-and-advice-please which again involves 1st Credit.

[BRIGADIER2JCS]

OK, just going to have lunch then I'LL draft a letter for you.

[kingofkings]

Thank you very much.

[BRIGADIER2JCS]

OK.

 

To the Data Controller 1ST Credit Ltd. copies to Halifax and CRA data controllers.

 

Formal Complaint Credit Reference File Entries.

 

Dear sir,

 

I have recently checked my credit reference files and have found two accounts which appear to be in reference to my Halifax account number xxxxxxxxxxxxx one entry appears to be the original entry made by Halifax the other the entry made by 1ST Credit Ltd when the account was passed to them., (copies enclosed)

I have noted that the account/reference numbers are different as so are the default dates and so are the oustanding amounts, as you be aware this cannot be correct as there must be only one entry and only one original default date so I require a full explanation of these entries and the removal of all incorrect data from all credit reference agency files as this situation makes my credit file appear worse than it is.

 

This letter is being copied to all the Credit Reference Agencies and 1ST Credit Ltd.

 

I would expect your explanation within 7 working days and confirmation that the data has been corrected as required.

 

Send Recorded to check receipt.

[kingofkings]

Thanks, I'll get all details sorted and get this sent of first thing tomorrow.

 

Thanks for the guidance and assistance.

[BRIGADIER2JCS]

No problem, please keep us updated on this.

[kingofkings]

I will keep this updated, just one thing I did forget to ask, where would I find all details of the Data Controllers for each company with ease without finding the wrong our outdated information?