Please help me solve my Halifax Hell

[kydcarmen]

ok received a letter today from blair oliver & scott basically saying that they are still acting as agents for halifax and that i have to pay the full amount.

 

I will be ringing them and telling them that i will not be paying in full and that i will not be making an arrangement to pay either as i will only deal with halifax bank.

 

Any advice would be grateful

 

 

ok update, spoken to the debt collectors, argued with them, they was blah blah blah terms and conditions of the bank and that it has been passed over to them and that i must pay them. I tried to explain that as i willl be taking the bank to court to claim charges back, the bank would be paying me the money that the debt collectors want me to pay them, so they can give it back to the bank.

 

The DC are adamant that i have to pay them, now halifax want my overdraft back too, i am tempted just to go straight to the court claim and not bother with the LBA.

[kydcarmen]

Can someone give me any advice on what to do? I have tried asking in the chat room but no-one wanted to help!!!!!!

[ukaviator]

Hi KYDCARMAN.

 

I have'nt read the whole thread as i was just about to log off and you seem desparate.When you asked for your charges back the account was in dispute.When an account is in dispute it can not be handed over to a collection agency until the dispute is sorted out.The Halifax have handed or sold off your debt to that agency when clearly they should have solved your problem with charges first.This would have sorted out your account and you would'nt have this hassle now.Here is some information you could put into a letter in the morning to try and resolve this.FSA is the Financial Services Authority.

Here is a link to the banking code in full.It will help you.

 

http://www.bankingcode.org.uk/pdfdoc...ING%20CODE.pdf

 

Check this briefing note.

 

Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint.

 

However the relationship between a bank and its account holders, including the circumstances and manner in which accounts are closed, is governed by the Banking Code.

 

If you search this site for the letters about disputes you should be able to type out something warning them about the banking code they are breaking.

 

Sorry i can't stay any longer and search this for you as i am at work still.

 

Hope this helps..

 

Ukaviator

[kydcarmen]

Thank you for your help, but it may seem that this is gonna be more complicated. I sent the prelim letter via recorded delivery on the 5th sept and obvisously they received on the 6th, now the letter i received from the hbos stating that they had pasted my account over to a debt collectors is dated the 6th. Now i know that they will state that they never received it in time or that it was sent to the wrong department.

 

The problem i have got is where i stand in the middle of all this!!!!

I think i shall be calling the debt collectors tomorrow to ask them for an exact date when halifax passed my account to them and then take it from there.

[kydcarmen]

Ok update, halifax passed over the account on the 12th Sept, so in theory they are in breach of the banking code. Best write them a letter to remind them of this and also send the LBA letter along with it.

 

Anyone got a link to the specific part of the banking code that i need as i have tried the link above that ukaviator gave but nothing. I have also looked at the banking code brochure and website but found nothing. Help with the letter would be appreciated.

[kydcarmen]

Thanks karnevil and again i am sorry that i had to pm you. I have sent the debt collectors a letter telling them that the account is in dispute but they won't listen to me and say that halifax will no longer deal with me. This is the problem that i have at the moment.

[jonni2bad]

If they don't listen to you, then you shouldn't listen to them. Direct all your correspondences to the Halifax and refuse to discuss the issue with Blair.O'.S'.

 

Send the LBA to Halifax if you haven't already - DO NOT MISS THIS STEP, you will do great harm to your case if you rush off to court.

[nikkiandmidgets]

I think Blair oliver and Scott are part of HBOS - perhaps thats why they are being such a pain and refusing to hand it back to Halifax?

[ukaviator]

Hi Kydkarman.

Here is the website for the banking code.

 

Banking Code Standards Board

[kydcarmen]

Ok posted LBA letter off, just gonna ignore Blair.O.S, only have 2 weeks to wait and then off to court.......i think i am gonna need your help jonni2bad as i have a default to remove too.....lol

 

Anyway at least my other claim is settled...lol

[ellie-emily]

Hi,

I am also not using my account...its a joint one with an ex boyfriend who is failing to pay it off as agreed...they have said to me that they can "freeze" my account which will stop any further charges and then only interest will be added...

Maybe u could ask them to do this? Or if ur stuck u could apply for an emergency loan (interest free) from the benefits agency and use the money to get the account to a place where u can manage it till u get ur money back? Good luck,x

[CJ&theBOS]

Ok posted LBA letter off, just gonna ignore Blair.O.S, only have 2 weeks to wait and then off to court.......i think i am gonna need your help jonni2bad as i have a default to remove too.....lol

 

Anyway at least my other claim is settled...lol

 

Hi Kydcarmen, i think we are at almost the same stage with regard to claiming from HBOS. Though they havent defaulted my account and put it into the hands of debt collectiors yet! (that i know of anyway) So its a bit more simpler and straightforward for me.

 

http://www.consumeractiongroup.co.uk/forum/scotland/21041-so-begins-me-bos.html

[kydcarmen]

Hi cj, I'm glad to hear that your case is simpler than mine, coz i wouldn't wish my situation on anyone....lol.....i see it like this, i have nothing to lose and will take it all the way if i have to. I expect i will have to take them to court to get the default removed, just waiting to see what happens with jonni2bads case.

[kydcarmen]

Well putting in my claim form tomorrow and wishing I was claiming contractual interest, not sure when you claim for it, but as i am at the court stage tomorrow, i'm guessing its too late.

 

nevermind, claim goes in tomorrow.

[kydcarmen]

Ok, just realised that I am unsure as to how I claim to have the default removed, I know that i put it on the claim form in the particulars of claim, but not sure how to word it. i thought it mentioned removal of default in the template.

 

Any help would be appreciated.

[jonni2bad]

Something along these lines...............

 

****************************************************

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and at Common Law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around [date], since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

……………………………………………………………………………………………….

NOTES ON ABOVE - Not to be included in the Particulars of claim

1. Enter account number

2.Enter date(s) of account opening and, if necessary, account closure.

3. Enter sum for charges total

Section 1 - “[has] [had] an account” - remove the unwanted option

Section 2 - “the Account [has been] [was] operating” - remove unwanted option

Section 5 - [date] Enter date that you were made aware of the default notice.

[kydcarmen]

Hey jonni2bad, do I mention the removal of the default in the 'brief details of claim'?

[jonni2bad]

Yes.

[kydcarmen]

ok thanks jonni2bad. This is what i have put, kinda copied it from the particulars of claim.

 

I am claiming the return of money taken by the defendant in the way of charges over the last 7 years and 3 months plus the interest they have levied on those charges. Also the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency.

 

Do you think that is ok?

[jonni2bad]

Suits you......

[kydcarmen]

Ok, just put in my N1 form at court, but it seems that i have a problem. I have just found out that the LBA letter to Halifax bank which i sent via recorded delivery, has not been delivered and therefore royalmail declare it as lost. So just wondering were I stand now, will halifax have grounds to fight this in court as they never received notice of court action or shall I just re-send the LBA letter stating that the original has been lost by royal mail and that I have now put in court claim?

 

Any help would be appreciated

[jonni2bad]

Recorded delivery is pants and I never advise people to use it. The slip that you retain is for proof of postage too - this will be enough for the Court.

 

Recorded delivery items sent 'in bulk' to large organisations are never signed for. Instead, the post office tends to issue a general bulk update as being delivered, but just because this item was not part of one, it doesn't actually mean it didn't arrive.

 

A FREE Certificate of Postage is much better, not least because of the FREE part, but also this acts as proof for court and you don't end up worrying about something later described as 'lost'.

 

You'll know next time

[kydcarmen]

Ok not sure if I need to start a new thread or not but here goes......I have a joint account that I had with my ex with halifax bank. Now I have not been able to get my name taken off the account as of yet as it is overdrawn. I haven't had access to this account since we split up in feb this year. Halifax keep sending me letters asking me to pay this back and now I have been told that on the 23rd October they are registering a default on me (yes another one) they have already given me a default from my studdent account.

 

Can anyone help me with my next step to stop them from registering a default on me before they actually register it. I have tried (god knows how many times) to explain to them that the account is nothing to do to with me and hasn't been for 8 months but halifax being halifax just don't want to listen.

 

I tried the s.10 letter with my other halifax account and they stated it wasn't relevant, so i'm stuck as to what to do now.

 

I know this is jonni2bads area of expertise....lol....but any help is appreciated

[jonni2bad]

You need to write to their legal department and state that the debt on that account is formally disputed. This should be enough to prevent them from continuing with the action, although they (being borderline useless sometimes) might still proceed. If that happens then you would have good reason to force the removal through a court action.

 

You should explain the circumstances surrounding this account in the same letter.

 

HBOS

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Send it SPECIAL delivery

[kydcarmen]

Hey jonni, I will be sending this letter to the legal department and was just wondering if you thought there was anything that I had missed out?

 

Should I send a s.10 letter too?

 

 

 

Dear Sir/Madam

I am writing to you concerning the letter I received dated 9th October 06. The letter states that a Default Notice has been issued to me concerning the above account.

 

I would like to inform you that I have not had access to this account since November 05. Although this is a joint account, I am no longer Mr xxxxxxxx partner and have not been for the past 9 months. I have not been able to take my name off the account, as Mr.xxxxxx will not sign the requested form. On many occasion I had contacted the bank to inform them of the fact but you still insist that as my name is on the account that I am still liable for the debt. The debt is not mine but Mr. xxxxxx and I should not be expected to clear this debt or receive a Default Notice, as myself did not incur the debt.

 

I would like to inform you that if you do not remove the Default Notice issued against me for this account that I will take legal action against you to remove it.