Halifax are jokers

[pinky1977]

Ok

my husbands with payplan so halifax get a £100 a month they phoned up last night saying they wanted more!! he said sorry i cant afford anymore they turnaround and said all the time you dont pay off the minium over a grand!! we will add £12 late fee every month.

how can you ever get out of debt if they do that

 

so they were sent a sar which is in my other thread and they sent a really bad copy and paste job with a different amount then loan is and other stating application form with different amount both for same loan

they claimed at this present time they didnt have a copy of credit card agreement

 

they have had cca as well which one was cashed as i sent a cheque signed by me so i know its been cashed

 

so yesterday they were sent account in dispute letter and ive informed payplan to hold their payment which of course they advised wasnt a good idea as if they took it further it was clear we admitted the debt

but they have agreed to hold it.

 

so i guess its time for halifax to start with the big boy bullying tatics again now

[hillards]

Do I imagine these things, or is it often because the banks and DCA's get greedy, and start asking for more, that we get lots of newcomers to the CAG site?

 

In this case it's clearly greed as a debt management plan would include a regular review by the company dealing with it, and if it were possible to pay more, they would look after it. So, the Hx decide they'll try their hand and the debtor, or rather his wife, looks to see what can be done...

 

Pinky, as far as I'm concerned, the Hx are just shooting themselves in the foot like this. Now you've shown that they are incapable of providing you with documentation to back up their claim... And we trust companies like this to look after our money?

 

They were a bit naughty in making direct contact, and to suggest they would be adding late payment fees. Even if this reached court, which it seems there's very little chance of, they deserve to be closed down for such tactics.

 

If they were not happy with a hundred quid a month then stuff 'em! You're now going to make them sit up and beg! If they did not responded within the 12+2 days to the CCA request, make sure you have told them how badly they have failed to comply...

[pinky1977]

Hi Hillards

 

you made my laugh!!

they behave far worse than dogs , every other creditor has layed down and played dead since my husband used payplan

halifax seem to think their far more important then anyone else

if you want a laugh have a look at the highly amusing copy and paste i posted ,a four year old could of done better

[manchester1]

Pinky, have you thought of SAR the rest of DCA/OC that are part of the payplan agreement.

 

Manc1

[BankFodder]

Watch out for Halifax. they have a reputation for harassing their customers on the phone.

There are several legal action against them or in the course of preparation.

 

Don't deal with them on the phone and record all calls and also log them in a notebook.

[pinky1977]

Hi manchester1

 

crazy as it seems for the moment every other creditor is being nice

my husband knows he owes the debt so his feeling is he wants to continue paying them .

if any of them start getting funny then he would fight back with sar and caa

probably going about it the wrong way and should be more ruthless?

[pinky1977]

Hi Bankfodder

 

yes they have been extreme with their phonecalls but since we sent them a phone harrasement letter it all stopped

they even gave us ofts guidelines of the times there aloud to call

[ska1664]

I have been dealing with Halifax for quite a time, they used to call 7 or 8 times a day despite telephone harassment letters and more importantly them being in default of a cca request.

 

I have also had the same experience they completely ignore the fact that you have a DMP that they have agreed to, and they constantly want more money.

 

I sent them an account in dispute letter with a formal complaint in October last year that they have still failed to deal with, other than statements not heard anything else, however they are adding about £60 of charges every month to a disputed account lol.

 

I am awaiting correspondance from Blair Oliver & Scott as they clearly have no intention of complying with cca.

 

ska

[manchester1]

Pinky , sorry i do not want to sway your husband from his moral stance but their could be illegal charges on all of the accounts,which can help to reduce the debts. Husband can then paty the reduced amounts.

 

Manc1

[pinky1977]

Hi Manc1

 

definatly a good idea its going to have to be one step at a time tho

he didnt even admit that he was transfering money around to pay the debts until late last year !!

then i sent out letters to all creditors and its all rolled on from there

so hes just getting used to the idea that ive taken control and they arent that important and can only have money left over after everything important has been paid

[pinky1977]

I have been dealing with Halifax for quite a time, they used to call 7 or 8 times a day despite telephone harassment letters and more importantly them being in default of a cca request.

 

I have also had the same experience they completely ignore the fact that you have a DMP that they have agreed to, and they constantly want more money.

 

I sent them an account in dispute letter with a formal complaint in October last year that they have still failed to deal with, other than statements not heard anything else, however they are adding about £60 of charges every month to a disputed account lol.

 

I am awaiting correspondance from Blair Oliver & Scott as they clearly have no intention of complying with cca.

 

ska

 

Hi Ska

 

have you stopped paying them now because they havent responded to your requests ?

 

i really think their chancers and will bully as much as poss

[ska1664]

Hi pinky,

 

not paid a penny since they defaulted on the cca back in Oct 08.

 

They are absolute pigs always rude and believe themselves to be above the law.

[pinky1977]

wow ska

 

i cant believe they behave so badly

have they threaten court?

they told my husband they could apply for a charging order dont know how theres no equity in this house

[ska1664]

Not threatened court yet, but I'm sure Blind Orrible & Stupid when they come along will!

[pinky1977]

Hi again

 

today a halifax letter turns up regarding the request for the cc.

they sent a copy of conditions of use

 

but they claim they dont have to provide a true copy of the original signed agreement under section 78 of the consumer credit act

 

my husbands card was taken out in 2000/2001

 

do they have to provide a true copy?

and if so what letter do i send ?

bear in mind i sent a sar last year and the claimed they havent got a copy of his cc at this present moment

 

thankyou for your help

Sarah

[spartathisis]

Im from near halifax so feel i can say this;) They are not the brightest buttons in the drawer those from halifax so it does take a lot of patience when talking to them. think of them as those not very bright children you know and how hard it is to get through to them, thats folk from halifax!

 

I have just sar `ed them and not got a lot back apart from transactions going back 14 years!! no cca, Deed of assingment etc. they are still looking for my "application form", see not very bright. I believe they are sending out T &C and other crap purely because they dont have anything else to send out, if they do send a copy of your cca and its defective they are stuffed so why send it?

 

not sure what others more in the know will say, but i have sent a letter off to say the account is now in dispute and not to try and collect unless they can produce cca ( the template is in the templates library on here). I made a payment while waiting for the SAR, but have no intention of paying anything until they produce.

[pinky1977]

Hi spartathisis

 

yes ive done all that for my hubby including sar and got the same stuff as you statements going back 14 years lol

they said they didnt have a copy of his credit card agreement but would forward it if they found it,

aswell as sending a really bad copy and paste job of a loan he has two pages two different amounts but signed the same day

 

so i found it amusing after sending off a request to see a copy of his true signed agreement that they now inform me they dont have to prove it under section 78

 

gotta love em

[creditcardmug]

Heres a letter for when they only send the T&Cs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

__________________

[pinky1977]

Thanks Credit card mug

i sent them another letter yesterday morning

they got it today and obviously liked it as they have phoned three times today from 8 this morning

 

hehee makes me laugh plus their probably not happy as paypal has their money on hold

[pinky1977]

well i still havent recevied a copy of my husbands loan agreement since the bodged up two they sent as part of the sar

with different amounts .

 

and as for a request of the credit card agreement they havent produced anything even thru the sar

 

but they are quite happy to keep phoning from 9 this morning not that it bothers us its on silent

 

do i now just sit tight and wait?

[missy cash]

hi i am trying to negociate with halfiax over a loan i have it was £5,500 now with charges it gone to £6,200! in 3 months of not paying. I wrote to them asking if they would accept a £5 token payment and they never replied now they are chasing me .

 

A family member has kindly offered to settle the account for me - based on a negociated settlement. halfiax WILL NOT MOVE A METER ! they said they DO NOT NEGOCiATE SETTLEMENTS?

 

does any one know if this is a fact or if they are just pulling my leg hard ?!

[kel123]

You are not alone in this!

 

It was Halifax and Bos that started me on my quest. I have been on a DMP since sept 06 and between them Halifax and Bos managed to put on about 5K. So the beginning of last year I SAR'ed all of my creditors (nine in total), out of this nine, 5 do not meet the requirements of the CCACT 1974. Guess what? Halifax and Bos are 2 of the 5, Lloyds TSB making another 2 and GE money being the 5th. The halifax and Bos have done the DCA rounds and are now starting again! The GE was bought by Link who have not contacted me for over 6 months and one of the Lloyds are taking me to court (they have about 19 days left to respond).

 

I stopped paying them about june/july last year and I have always said "If they supply the correct paperwork and it is lagitamate then I will put them back on my DMP" How fair can I be.

 

I did them all at the same time so it could be said that I have been 'fair and equitable' and treated all the same.

 

I did have a go at wescot over the halifax account, I was very sarcastic beens as it is the second time they have had the account?

 

Remember you are in a WIN/WIN situation or at the very least WIN/no loose.

 

Kel

[findingthecheese]

Hi

 

It was Hfx that drove me to CAG (Happy Days!!!) - their's was the only debt that actually increased after 2yrs on a DMP. They started adding interest and late charges which added up to almost £130 a month.

 

I CCA'd them and SAR'd them - and they've sent back an application form and an incomplete set of statements. I stopped paying them and the debt has been passed to BOS who have now passed it on to Westcot (who are 'investigating')!

 

I'm with Kel on this - don't give Hfx an inch (cos you know they'd be more than happy to return the favour)!!!

 

ftc.

[pinky1977]

Hi Everyone

 

the saga continues today they send a copy of the credit card agreement which is titled visa card application

hard to read and for some reason has a lot of additional information like the estimated value of the property and morgage lender

its one page and even the signature looks a bit dodgy to the point it looks more like mine as we have a joint account and i sign cheques over my husband

 

what do i do now request to see an actual agreement

at a local branch?

[findingthecheese]

Hi pinky1977

 

Well I thought it had to 'legible' for a starters. I'm sure someone with far greater knowledge than I will offer you guidance, but I think they'll ask you to post a copy of the doc. (minus your personal details) so they can have a look at it.

 

ftc.