Halifax overdraft debt help please

[carriesue]

After looking back at old statements (2004)

I have been charged interest even though I had an authorised overdraft arrangement and was within my overdraft limit,

is this right?

 

I am still confused as to the correct letter to send.

 

Do I apply for an SAR along with hardship claim. Are they £10 each?

 

Do I write to Blair Oliver, Scott or Halifax

 

I am at the end of my tether as they are becoming quite threatening.

 

Thank you so much

[davey77]

I'm sure you would be charged interest on an authorised overdraft. They don't do it for free.

 

Here is a good SAR letter:

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/186002-rbs-default-notice.html#post2004681

 

Recorded delivery and don't sign it. I would send it directly to Halifax. BO,Scott don't ever reply to anything.

 

I would contact the CAB and ask they write to Halifax on your behalf. If you can get them on side it can prove useful to have letters sent from a neutral third party and they will be able to advise you on other issues re interest etc.

 

BO,Scott letters are always threatening. That's the only way the know how to write to people but they send them out by the thousand each month and are never tailored to an individual's personal circumstances.

 

http://i157.photobucket.com/albums/t42/davey77_2007/2copy.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/1copy-1.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/5copy.jpg

[carriesue]

Could someone please help.

I have an authorised overdraft with Halifax.

 

I wrote to them in 2007 requested an SAR and explaining that due to illness i was no longer working and would they freeze the interest on the account, to no avail.

 

Can I reclaim the overdraft charges from 2007?

 

Also when I was NOT overdrawn I was still being charged for the faciltiy.

Is this right.

 

I have had the account with them for 30 years.

Many Thanks

[Blossomandebony]

Hi, Carriesue,

 

Can I reclaim the overdraft charges from 2007?

You can claim back charges such as unpaid d/ds, unpaid cheques and any charges relating to going over the authorised limit. But you can't claim back the regular monthly charge you pay for the authorised o/d facility.

 

 

Also when I was NOT overdrawn I was still being charged for the faciltiy. Is this right.

 

If it was a charge for specific account that had certain privelges, eg car breakdown cover, o/d faciliy, then the answer is no, you can't claim because they will say that they were stil providing the service.

 

BAE

[carriesue]

Thank you. I don't l know what to do as I have not used the account since 2007 and am still accruing overdraft charges. I have written to them requesting 'Hardship Status' to no avail. Any help please.

[carriesue]

Due to illness I find myself in debt with Halifax.

 

I have not used my bank account since 2008 but have still incurred interest charges.

 

They chose to ignore all my pleas for help but out of the blue stopped the interest for 6 months.

 

Now I have received a letter stating

Quote

 

If you continue to make the agreed payments under this arrangement we will not add any further charges but will continue to charge interest.

 

If your financial situation is the same when we review this arrangement in 6 months

we may refer your account to our recovery team who will try to reach a long term repayment solution with you.

 

The solution would involve not charging you interest, so the payments you make would go directly towards reducing your debt.

 

Before we refer your account to our recovery team we will send you a 'notice of default' to explain that you have not kept to the repayment arrangement

and that we may take legal action. Unquote

 

As I can only afford to make £1 per month token payments and Halifax is still charging me interest I would appreciate any advice please of what to do next

Thank you

[BankFodder]

Is any of this sum comprised of charges and if so how much?

[carriesue]

£12 x 6. The monthly fees are for overdraft fees.

[carriesue]

I am very confused regarding authorised overdraft fees and desperately need some assistance. In 2006 I was 2,117.36 o/d. I wrote to my bank explaining that due to illness I was unable to work and asked them to freeze the interest, which they ignored. In 2007 i applied for an SAR (sent £10 instead of £5 by mistake) and made an appointment with a bod at the Halifax.Bod at Halifax informed me that charges could not be frozen.The account has not been used since 2006.

As I have been unwell I have not chased up the SAR. In October 2008 Halifax suddenly accepted token payments per month and have frozen interest.

I would like to know if I can reclaim interest charges accrued which amount to £563.96 which would reduce my debt.

Thank you in anticipation

[harrassed senior]

Really not sure about the interest, but if there are any charges then these can be reclaimed.

 

Unfortunately, overdrafts are not covered by CCA so that route is not open to you.

 

Have you actually closed the account? Not sure but would have thought this would have maybe affected the interest?

 

Hopefully you will hear soon for others with more knowledge.

[carriesue]

Account is still open would it be advisable to close it as I have not used it since 2006.

Thanks

[carriesue]

In 2006 I became ill due to cancer and wrote to Halifax bank re my current account that was in arrears by £2,117 (I had an authorised o/d arrangement of £2,500),

requesting them to freeze interest and accept a token payment.

 

Heard nothing and sent for SAR on 13/02/07. Nothing received.

 

1/12/07 I telephoned the bank and they agreed to accept a token payment of £5 pm but refused to freeze interest. Received numerous letters throughout 2008 demanding payments.

 

27/04/09 I sent a Consideration of Hardship as they took benefit money from my acount. They eventually accepted £2 pm with no interst being added. Hoorah!

 

11/05/09 received a Default Notice.

 

13/11/09 received letter stating "Thank you for keeping to your payment arrangement. The agreement has now ended.

 

Please pay £2,656.32 within 28 days of this letter to bring your account up to date.

 

If we do not receive payment we will send you a 'notice of default" to explain that we may take legal action.

If you still do not pay the amount you owe, we may refer your account to our recovery team who will try to reach a long-term repayment solution with you.

 

That solution would involve us not charging interest, so tht the payments you make would go diectly towards reducing your debt".

 

I have now received an intended litigation letter from Moorcroft threatening bailiffs and charging order.

 

What am I to do next and who do I contact as I am still on Incapacity Benefit.

 

Many thanks for any assistance

[Coactum]

Hi Carriesue,

 

The first thing I'd suggest that you do is write to Halifax and copy the letter to Moorcroft. In this letter state that as they failed to respond to your SAR that it is them who are in breach of contract and that their failure to respond to your request has placed this account into dispute.

 

You might want to add that both the bank and their agents Moorcroft should be well aware that the Office of Fair Trading's Guidance on debt collection states that they must cease collection activity whilst investigating a reasonably queried or disputed debt.

 

You could end your letter by stating that Halifax and Moorcroft are guilty through these recovery actions because this would be construed as deceptive and unfair methods which you could register a formal complaint to the OFT about.

 

Only when they respond to your SAR should you recommence discussions and at that time you might not be on Incapacity Benefit but if you are then you give them a breakdown of income and expenditure and apportion whatever is left among your unsecured creditors which will include Halifax. Only at that time can you determine what is affordable.

 

I hope this helps and that you are responding to treatment. I wish you a speedy recovery.

[carriesue]

Thank you for your help. I have sent SOA's to Halifax in the past. I will do a you suggest and write to both parties. Would an Account In Dispute letter surfice? Thank you for your good wishes and kindness.

[Coactum]

search this forum and I'm sure you will find a draft Dispute letter that you can tweak to meet your needs. Do not re-request the SAR, simply state that the dispute arose because thay failed to deliver.

[carriesue]

Thank you for you help in th matter. I will draft a letter to them

[Coactum]

Had a fresh thought. You could serve them a Default Notice. again search this site and I'm sure you will find a draft letter.

[carriesue]

I am i the process of drafting letter regarding non receivership of SAR requested in 2007.

 

After reading lots of info on CAG am I correct in thinking that if the default notice was for the full balance

and the account had not been terminated at that point only the arrears should have been asked for not the full balance?

 

Also, I have made token payments since the 1st default notice on 1/05/09.

 

I have read this is 'unlawful rescission" (not sure what this means!) of the contract as I carried on paying irrespective of the invalid default.

 

The second default received on 15/12/09.

 

Termination of account 29/12/09.

 

Thanks for your help as I am confused whether this is correct and whether I should state the above in my 'account in dispute' letter.

[Coactum]

My understanding is that an invalid default cannot be corrected by serving a valid default and as such you are correct that all they can not pursue is the arrears stated at the time of default. This is what is being referred to by your unlawful rescission of contract. Not too sure how your continued payment affects this though.

[Undercover-Elsa]

Hi Carriesue

Sorry to hear your health problems and your issues with Halifax. They are being very unhelpful with everyone at the moment but in your case it's particularly inappropriate and cynical.

First of all, let me reassure you that Moorcroft are well known for sending empty threats. They cannot send in bailliffs or apply for a charging order.

To do this, the bank would have to obtain a County Court Judgement against you, then the judge would only order you to pay a low amount anyway due to your circumstances (which they know so they prefer to threaten in the hope of panicing you into paying more, without going to court) even then, baillifs and charging orders can only happen if you then fail to pay your £2 per month to the Court for the CCJ.

 

Hopefully you sent your subject access request by recorded delivery and have kept the receipt and proof that they cashed the Postal Order?

If so, you could write to them on the following lines:

 

Dear Sir/Madam,

FORMAL COMPLAINT - ACOUNT IN DISPUTE

On (date) I wrote to you informing you that I was seriously ill with cancer and obviously unable to work, requesting help with my overdraft account which was still within the limit, but I was anxious to do the right thing and address any future problems by being open with you and attempting to come to a realistic arrangement.

As I received no response from you initially, again in order to assess the best way forward with this account I sent you a formal Data Subject Access Request on (date). You had 40 days to comply with this request, but it has still not been received after many months. Please therefore see my enclosed letter in this respect. Until I receive my data as requested this account is in formal dispute and I intend to take the matter further with the Information Commissioners Office.

Re the payment arrangement, after many attempts by phone and letter I was finally informed that you would accept £2 per month and freeze interest.

I kept to this arrangement and was unaware of any time limit, therefore I was distressed to receive a demand for payment of the remaining balance.

As I am still ill and on Incapacity Benefit this was of course impossible.

I am now most distressed to be receiving letters from Moorcroft Debt Collectors threatening bailiffs and Charging Orders. As you are aware of my circumstances and I have made every effort to sort this out within my means I am apalled at the callous way I have been treated.

I would therefore be most grateful if you would reassess your position on this account and once my data request complaint has been resolved, reinstate the £2 per month payment arrangement with freezing of interest until such a time as I am able to increase payments. Clearly I am doing the best I can in difficult circumstances and am not trying to evade this debt, therefore I will of course will inform you immediately if my financial position improves in the future.

Yours faithfully,

 

Enc: Letter before action

 

Dear Sirs/Madam

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

On (date) I sent you a formal Subject Access Request. As you are aware the law requires that you complete this request within 40 days.

Unfortunately I have received no documentation from you at all after many months, specifically:

 

1) You have failed to provide a complete list of transactions and charges.

 

2) You have provided no copy documents relating to any correspondence between myself and your company

 

3) You have provided no notes, or documents relating to instances of manual intervention.

 

4) You have provided no copies of default notices or agreements

 

I enclose a copy of the previous request that was made, which was signed on delivery to your company on (date)

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply, no further notice will be given before legal proceedings will be commenced

 

Yours faithfully,

 

Send to the Halifax, copy to Moorcroft stating the account is clearly in dispute and with respect should be passed back to Halifax for resolution.

 

Just my opinion, hope you're feeling better now

 

Keep us informed if they reply,

take care,

Elsa x

Edited February 11, 2010 by Undercover-Elsa

[carriesue]

I have been having an ongoing saga with Halifax re my current account with authorised overdraft (can't remember if I ever asked for one) since 2006.

 

I became ill and asked Halifax to freeze interest and accept token payment. Token payment accepted but refused to freeze interest.

 

In 2007 I sent an SAR and have still had no reply.

 

Consideration of Hardship letter was sent 04/09 and they eventually accepted £2pm on 15/05/09 and agreed to accept token payment and to freeze interest for 6 months.

 

Default Notices were received on 11/05/09 and again 15/12/09.

 

Agreement Termination 29/12/09.

 

Moorcroft have sent letters threatening bailffs, charging orders etc.

 

I sent both Halifax and Moorcroft Account In Dispute letters.

 

I received a letter from Halifax dated 02/03/10

stating that one of their Customer Care Managers are going to investigate the points I have raised and I will receive a reply no later than 4 weeks.

 

Today I received a paying in book stating they are prepared to accept my offer to pay minimum payment of £2pm.

 

I will be charged at the Post Office for this service which seems senseless.

 

The amount of interest accrued has taken the account well over the authorised overdraft.

 

I would appreciate any help as to whether I should continue to pay Halifax direct and write to Moorcroft stating this.

 

Many Thanks

[PGH7447]

who sent the paying in book moorcr*p if yes send it back and say that you will be paying by SO or not at all

[count orlok]

and keep paying the bank, don't give moorcroft anything. they'll eventually get the message and go away

[carriesue]

The paying in book is from Moorcroft. I will continue to make token payments at my local Halifax branch and write to Moorcroft stating this and returning the book. Thank you all so much.

[carriesue]

This is regarding my Halifax current account.

I rterurned the paying in book to Moorcroft and have continued to pay Halifax direct at my local branch as advised by CAG.

 

I have now received a letter from Halifax which states;

 

You made an SAR in February 2007 and have not received the required information.

 

You believe the delay in providing this information puts your account into dispute.

 

The account should not have been defaulted and transferred to a Debt Recovery Agency whilst this information was outstanding.

 

The Default Notice has been served against the full oustanding balance of your account not the arrears, which you believe makes it invalid.

 

I apologise if you have not received a response to your SAR.

 

I have contacted the relevant department and they have advised that they have no record of receiving this request.

This has now been requested and should be received in due course.

The £10 charge has been waivered on this occasion. (P.O. was sent by me in 2007).

 

The failure to provide the information within 40 days does not have an impact on the defaulting of your account.

This would fall under the remit of the Data Protection Act, and have no relation to the agreement of your bank account or the requirement to make payment to the account.

 

The failure to supply the information under a SAR would therefore not place your account in dispute and would not prevent your account from being defaulted.

 

I am therefore satisfied that there is no reason to consider your account has been defaulted in error.

 

Once a Default Notice is served following the termination of the agreement the full balnce becomes outstanding.

I again belive this aspect of the Default Notice is correct in stating the full balance is outstanding.'

 

They then go on to say that they have passed my account to Moorcroft and that I must deal with them

 

Moorcroft have sent me a another letter to contact them immediately to discuss my account repayment offer otherwise they will begin legal proceeding,

and I have received a 'doorstep recovery agent' caller .

 

I have already written to them informing that my circumstances have not changed and I can only afford £2.00 pm.

 

Also that written correspondence is quite acceptable by law etc.

An assistance would be greatly appreciated.