Halifax overdraft debt help please

[carriesue]

In 2006 I was £2,117 o/d with Halifax.

 

Due to cancer I have been unable to work.

 

They have been informed since 2006 by letters as I cannot afford phone calls to them.

I have been making token payments of £5 pm and have had to reduce this recently to £1 pm as I only have £345.40 pm income which is from incapacity benefits.

 

I have just received a letter stating they will take me to court which will allow bailiffs to enter my home and take property.

I am very upset as I have not ignored the debt and have been charged £38 pm in charges since 2006.

 

Any assistance would be gratefully received.

 

Many Thanks

[MrShed]

What is the current level of the debt?

[carriesue]

What is the current level of the debt?

 

£2,671.59

[MrShed]

Others will be here soon to advise better I am sure(this is not my area of expertise!).

 

But a few steps to do.

 

First of all, am I correct in assuming that a lot, if not the majority, of this debt is made up of charges? If so, you need to basically put the debt into formal dispute, hence freezing further charges, and also halting any enforcement/reclaiming proceedings. After this point, you need to use this site to formulate a claim for reclaiming the charges levied against you.

 

In addition, you should supply them with a Statement of Accounts, detailing exactly what you are spending and what you have available, thus demonstrating that you are paying what you can reasonably afford. However, I would not proceed down this route until you have fully addressed the first route, as that should in fact negate the need(in the short term) to justify your payments to them.

[carriesue]

Thank you Mr. Shed. I have kept Halifax informed and have sent S.O.A's I have had an arranged overdraft limit of £2,500.

Looking at my old bank statements I was being charged interest even though I was well within the agreed limit.

 

Would you be able to advise me of how to put my debt into formal dispute

- are there any templates I could use.

 

Thanks.

[MrShed]

You will have been charged interest - an arranged overdraft limit is not a zero percent interest limit.

 

Have you got a significant amount of overlimit/late payment etc charges on the account?

[carriesue]

approximately £500 in overdraft charges.

[carriesue]

Can I apply for bank charges refund.

 

 

Halifax overdraft interest is £650,

 

 

the account hasn't been used since 2006 when I was overdrawn by £2,117.

 

 

Have been making token payments due to ill health.

 

The only response I receive to my letters is to be threatened by bailiffs if I do not pay.

 

Any help please

[sea-sidelady]

Hiya Carriesue,

 

You should have your own thread so you can receive the help you need.

 

To answer your question, yes you can reclaim them.

[freakyleaky]

Thread moved to DCI forum.

[spamheed]

You should start the ball rolling and reclaim your charges, if you can only pay a minimal amount, then that's all you should pay, that's generally what the courts will agree to in anyway.

 

Just for the record

They can't send in the bailiffs until there is a CCJ against you for this debt

[carriesue]

I am very confused as what letters to write to my creditors. I have sent SOA's and letters to them repeatedly asking them to freeze interest.

I have been struggling since 2006 to make payments as I am unable to work due to cancer treatment after effects, which I have explained to my creditors.I receive incapacity benefit

My overdraft with Halifax is £2,690 I have not used it since 2006. It is still accruing interest and default payments.

I am receiving late fees and overlimit fees from Barclaycard. Has Goldfish been passed onto to them? The account number for Goldfish and and the statement from Barclaycard are different account numbers.

What am I looking for if I ask for a credit agreement?

Can I reclaim late fees and overdraft fees from creditors who are still charging interest?

I have heard of bank charges being reduced to to financial hardship is this true?

I would appreciate any assistance. I get confused easily so please be kind.

Many Thanks

[carriesue]

Despite me writing to Halifax in 2006 informing them I was going to have financial difficulties due to illness

my account is now accruing interest and interest on going over my overdraft limit.

 

I have not used th e account since 2006.

 

I sent SOAs, covering letter explaining i was receiving treatment for breast cancer and offering a token payment of £1.

I have kept up the token payments but they have refused to freeze the interest.

 

I have had an account with them for many many years (must be over 30)

I have an overdraft arrangement of £2,500 but i cannot remember if I actually asked for one.

 

I am now £2,700 in debt with them in 2006 I owed them £1,761.

 

I am quite glad I cannot afford a phone now as I was being constantly hassled by them.

 

Any advice of what to do next as I haven't got a chance of paying them back in the near future.

 

Many Thanks

[cerberusalert]

With your overdraft you need to send a SAR which will cost £10, when you receive it back you'll be able to determine exactly what charges have been made & then make a claim back, they will have 40 days to comply.

 

For your other creditors you need to send each a CCA request which costs £1 each, these will show whether there is in fact an enforcable agreement in place. You need to enclose a £1 postal order with each and post recorded delivery. They have 12 + 2 days to comply. If they fail to do so or the CCA is unenforcable you can stop payment.

 

As each CCA comes back if you scan them and post them after removing identifying details, we will have a look and advise you from there.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

 

Request for CCA;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfull

[cerberusalert]

I have heard of bank charges being reduced to to financial hardship is this true?

 

As far as I know this is true, there is another template you can use when I find it, unless someone else comes along first;)

[cerberusalert]

Letter to Get charges refunded back if you are on Benifits

 

Your Name and address

 

Date

Banks NAME AND ADDRESS

 

 

 

Dear sir/Madam

 

 

Penalty and unfair charges –

 

Request for a refund For (your name ,sort code and account number)

 

I am writing to get my bank charges refunded. The social security act1992 states that banks cannot take charges from benefits a person needs to live on. I have been on benefits since (Insert date benefits were first paid).

Therefore. I am looking for all my charges to be refunded back on my account as not one charge should have been administered.

 

Please refund all charges applied to my account within the next 7 days. I reserve the right to commence further my grievance on to the Financial ombusmen service without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

 

 

 

 

Yours faithfully

[Pab10]

Hi Carriesue,

I believe bank overdrafts can be challenged in a similar way to credit cards, but someone with more experience will I'm sure be along shortly to advise properly.

Good luck.

[cerberusalert]

Also see templates K & L http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162364

[sallysas]

Really sorry to hear how shabbily you are being treated.

 

Can I suggest you contact a debt management company - About CCCS - Using Credit Wisely is a charity I can recommend personally

- the bbc call them in for consumer programmes.

 

They will hopefully be able to get the interest rate frozen for you.

 

Then when you feel up to it start the process on this websiter of claimiung your changes back with interest on top.

 

This will be 8% statutory interest when you file at court and with the test case hopefully coming to an end next year it's not too far off.

[sweetnsour]

Sorry to gatecrash in but does this apply to the interest added on each month to your credit card. The OP has queried interest and charges being applied to an overdraft, is a credit card an overdraft?

I thought only hardship cases were just for current accounts and did not apply to credit card interest,

Please could someone say a little more and sorry for trespassing on someone else's thread,

[cerberusalert]

It's only current accounts see (19) http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

 

A credit card is a credit agreement & covered by different leglislation.

[carriesue]

Thank you for all your help and for being so kind. I will send off for the cca's. Halifax has not taken any monies from benefits just charging horrendous interest on going over my overdraft, which is due to their charges. I have not used the account since 2006. Do I send off an Sar and a financial hardship claim to them. Thank you

[cerberusalert]

Yes, send them both off.

[carriesue]

After incurring £600 in overdraft fees and asking Halifax to accept token payments and freeze interest to no avail

 

my last statement shows that they have NOT charged the usual £35 pm.

 

I am going to reclaim all the charges since 2006 do I send an SAR.

 

Looking back on previous bank statements I had an authorised overdraft facility of £2,500

and I was being charged even though I was in credit/within the overdraft limit,

is this right?

 

Since Blair Oliver Scott took over my Halifax credit card the interest has also stopped.

 

I still pay Halifax, should I be paying Blair & Co instead.

Many Thanks:x

[davey77]

You mention in your other thread about Blair, Oliver and Scott. In case you didn't know, BO,Scott are the in-house debt collection dept for Halifax. Therefore the same people in effect.