Halifax/BoS Woes - Help please!

[Neat69]

Ok here are a list of all my account with HBOS and my Situations with them.

 

 

 

Halifax Current Account, opened Aug 2001. Overdraft Limit £2000.

I’m towards the bottom end of my overdraft limit and some months going over it. I have send for a copy of my statements, and I believe the owe me at least £2000 back in charges.

 

Halifax CC, Opened Aug 2001. Closed Account

Have recently sent a request for a repayment of ~£1000 in charges relating to this account in 05/06.

 

BOS Preference Account. Opened Nov 07. Limit £1000

This account is causing me all kinds of problems, I had about £60 on the card at the time, and had just put a lot more on between the statement and payment date. Halifax bounced the £5 direct debit (and in the process charged me £35) which completely messed me up and I haven’t made a payment since.

 

At the end of Nov my current account was suspended and my card eaten by an ATM. I called Halifax to ask why and they passed me over to collections, who said it was due to Preference account and they would unsuspend this when I paid the outstanding balance. Fair enough I thought, and was assured I would still be able to put money into the account, and once I had, I could go into the branch and pay BOS with a Giro slip, at which point they would unsuspended my account.

 

Well payday come at the beginning of Dec and it bounces, turns out I can’t put money into the account after all. I phone up collections, who said they don’t suspend Current accounts due to arrears on preference accounts, and it must be due to my loan or CC (which has been closed for over a year). After checking with both departments (I was behind on my Loan, due to having no money in my account, due to the suspension, but that’s it), she confirmed that There was no reason for my account to be unsuspended and no record of my call at the end of November. She unsuspended my account and said she would arrange for a new Card to be sent to me.

 

At this point I lost my Temp Job (was made redundant in Oct 07, Apr 08 and Aug 08 ) as I had no money to get to work etc.

After 14 day had past I called up asking where my card was, there was no record for my request to have a replacement sent out and no record of my calling (again!). Halifax then promptly sent one out to me.

 

I’ve Received a letter from Blair Oliver and Scott telling me that the account had been passed to them, and that I need to pay within the next 5 days or they will send someone round/court action, but I haven’t received anything from BOS saying that they have passed my account to them, of any default notice.

 

Halifax Personal Loan. Nov 2007. Amount Outstanding ~£7000

Because my account was suspended (see above) they bounced all my direct debits, including my loan and charged me £175 in fees (In Dec alone), which means I’ve missed 3 payments on my loan and have now been sent a default notice.

 

Any advice on what I should do would be greatly appreciated. It's got to the point where I cant take it any more, I'm fed up of talking to people on the phone who are rude and swear at me, and then there being no record of me calling!

 

Thanks in advance.

Edited February 4, 2009 by Neat69

[the_shadow]

 

Any advice on what I should do would be greatly appreciated. It's got to the point where I cant take it any more, I'm fed up of talking to people on the phone who are rude and swear at me, and then there being no record of me calling!

 

Thanks in advance.

 

Neat, first of all take a deep breath.... now someone with more knowledge than me will be along to advise on specifics but one thing I can advise on is DO NOT DEAL WITH THIS ON THE PHONE! (sorry for shouting:D) but its important!

 

You just need to advise them either in writing or if they call that you will only deal with this in writing.. you've seen what happens when you rely on their call centre operators to log things.

 

Also dont let them bully you, thats their sole aim.. to get you to just pay what you cant afford..... Doorstop collections are a threat but they can be countered by a letter and a polite opening, handing over of a note telling them to "F%%% off" and closing of the door if in the rare occasion they do actually turn up.

[Chris_w]

Blair Oliver and Scott is the Halifax in house debt collections Dept.

 

It sounds like your in the charges trap. you need to write to them and place the accounts in dispute. this should stop all collection activity for a short while. Then you need to request Your statements, Known on here as a Subject Access Request, This will cost you £10. Always send any letters recorded delivery and don't sign them just print your name or get a digital signature. Never Never speak to them on the phone, if they call and ask you to confirm who you are just say NO and then inist that they stop calling you and to deal with the matter in writing only. As for the doorstep call it's normally a bluff but we can deal with that also just add this to your letter.

 

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.

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.

 

but don't worry to much about a doorstep visit it's just part of their harrasment tactics

 

Last of all Welcome to CAG

Edited February 4, 2009 by Chris_w

[Chris_w]

Send this as soon as possible

 

 

 

Data Protection Act 1998 Subject Access Request

 

your name and address

 

 

Halifax Bank

Data Protection Manager

Trinity Road

Halifax

HX1 2UJ

 

 

 

Dear Sir/Madam

 

 

ACCOUNT/CARD NUMBER: ************

 

ACCOUNT IN DISPUTE

 

Please supply me with a complete detailed list of transactions and charges relating to my account history with your organisation

I require a full disclosure of any and all data that you hold about me, including but not limited to notes to the account, and any other relevant data.

Additionally, where there has been any event in my account history which has required manual intervention by any member of your staff, or any other 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 business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, it is my belief that you have levied disproportionate

penalties against me and I shall be reclaiming them plus any additional contractual interest as a result of these charges,

and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

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. I would be happy to collect the Data from my local branch.

 

Further to the above, please ensure that any contact by yourselves or Blair Oliver & Scott debt collectors is made in writing only. Telephone calls

and personal visits will not be accepted and also viewed as harassment.

 

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.

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.

 

Yours faithfully,

 

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Edited February 4, 2009 by Chris_w

[Neat69]

Thanks, I'll get that in the post asap. Any idea what i should do in regards to the loan?

 

Also I just realised both agreements were in Nov 06 not 07, not that I'd imagine it would make any difference

[Chris_w]

I don't know what a Preference Account is sorry. You say you opened it in 2007, how long has it been since you made a payment?

 

The loan may well have charges also so you can place this account in dispute as well to give you time to get some kind of plan together, don't worry your not alone you'll get plenty of help.

 

The CC should be the first one to get resolved they can't stay CC cases.

 

The current account will take longer because of the test case.

 

Are you on benifits this will have a bearing as to what they can do and how much you can afford to pay?

 

They have had a big hand in putting you in this situation, and their sole aim is to squeeze you for charges, and put you in a debt spiral then they've got you for years. Or so they think.

 

You have a default on your record and they will not remove it without a fight. They know a default is just like having a CCJ it stops you getting credit. Or moving to another bank without difficulty.

 

try to provide some of the details I've mentioned above. But please don't put any personal details in open forum.

[Neat69]

I don't know what a Preference Account is sorry. You say you opened it in 2007, how long has it been since you made a payment?

 

To be honest, I'm not really sure, the documentation implies that is some sort of bank account, yet works like a credit card, wit ha credit limit and monthly repayments. It was opened in Nov 06 not 07 as i said before. I haven't made a payment to this since July 08. I have a copy of the original agreement, maybe if I scan it in someone can work out what it is.

 

The loan may well have charges also so you can place this account in dispute as well to give you time to get some kind of plan together, don't worry your not alone you'll get plenty of help.

 

Ok, I think I can manage that, I've found what I believe to be the correct template letter.

 

Are you on benifits this will have a bearing as to what they can do and how much you can afford to pay?

 

Nope, Got another temp Job in January, I probably have about £200 a month I could pay out.

 

Thanks for the advice.

[Neat69]

Ok I've scanned the front and back of the agreement, anyone have any clue what account type it is?

 

 

[Neat69]

Ok I sent them the Subject Access Request letters for the loan and preference account, which by the way is a credit card hiding as a bank account as it is listed as a credit card on my Credit file.

 

To make matters worse, Halifax tried to take my loan payment out on the 30th, when it wasn't due till the 4th!. Pity as if they had taken it out on the correct day the funds would of been in there. Anything I can do about this?

[the_shadow]

Ok I sent them the Subject Access Request letters for the loan and preference account, which by the way is a credit card hiding as a bank account as it is listed as a credit card on my Credit file.

 

To make matters worse, Halifax tried to take my loan payment out on the 30th, when it wasn't due till the 4th!. Pity as if they had taken it out on the correct day the funds would of been in there. Anything I can do about this?

 

 

If your going to take on Halifax and have a current account with wages/benefits etc going into it then you need to setup what they call a parachute account with another bank.

 

Halifax have the right to take any monies outstanding from you for repayment of loans/credit cards etc from your current account and I believe its without notification.

[Neat69]

If your going to take on Halifax and have a current account with wages/benefits etc going into it then you need to setup what they call a parachute account with another bank.

 

Halifax have the right to take any monies outstanding from you for repayment of loans/credit cards etc from your current account and I believe its without notification.

 

 

Is this true?!? , where would this be listed, in my credit agreement or my Current account Terms and conditions?

 

I have another bank account but its with lloyds, so that's useless, Can anyone recommend a good bank for me to get a Basic account with?

[sallysas]

Have you considered the PO? This would be okay if you only wanted cash in working hours. Otherwise any one of the others would do. I set one up with Abbey without any hastle several years ago.

[the_shadow]

Is this true?!? , where would this be listed, in my credit agreement or my Current account Terms and conditions?

 

I have another bank account but its with lloyds, so that's useless, Can anyone recommend a good bank for me to get a Basic account with?

 

Hi Neat... its prob hidden in the t&c somewhere...Its called the "right of offset"

 

This explains it better than I ever could... Here

 

Sorry to be the bearer of potential bad news

[davey77]

This should give you an idea of who is out there and how they are connected:

 

Are your savings safe?: Full guide to protect your cash...

[Neat69]

Ok Update time, will be opening a parachute account this week.

 

First off, my letters have been received by HBOS, according to the recorded delivery check.

 

Secondly, Halifax called on Sunday Ref loan, I said I had sent a letter and would only deal with them in writing. The Guy on the end of the phone said that this was not possible, and that I had to deal with it on the phone, and if I didn't speak to him about it right then they would charge me £10! Not impressed.

 

Third, Halifax have come back to me offering me the difference above the £12 on the Credit card charges, thanks, but no thanks, will be pursuing the full amount.

 

That's it so far, thanks to everyone who has posted.

[the_shadow]

Secondly, Halifax called on Sunday Ref loan, I said I had sent a letter and would only deal with them in writing. The Guy on the end of the phone said that this was not possible, and that I had to deal with it on the phone, and if I didn't speak to him about it right then they would charge me £10! Not impressed.

 

Not sure if that is legal, someone more educated than me can give you an answer but it seems very underhand dealing at most............... but this is the problem with telephone conversations, its easy to deny later.

 

If you dont feel confident talking to them on the phone and I fit into that category myself (unless I've scripted the conversation I'm about to have) then dont let them bully you into talking to them. They can threaten a lot but what they are actually allowed to do is much less than what they say...

 

So... next time they phone and ask you to go through security.. dont! if they ask for your address, tell them to go first and you'll confirm it if theyre correct (breach of Data Protection Act)

 

If you do want to continue talking over the phone... always tell them you are recording the call, it might not be true but it puts them on the back foot when threatening or promising the earth, just tell them its to protect both parties. If they claim its illegal tell them hogwash.. so long as youre a party to the call you can record, just not put forward into evidence (unless I believe you transcribe it:))

 

Get the Parachute account sorted and then they'll have much less power over you.

 

PmW

[Neat69]

Thanks for the advice. I will no longer be dealing with anything over the phone with them.

 

In regards to my CC charges, anyone have any idea of what I should say in the letter rejecting there offer and asking for the full amount, I've had a good hunt around the site (been looking since my last post) and can't find anything. All the charges are from before April 2006, and I feel justified in asking for the full amount back with interest.

[the_shadow]

Thanks for the advice. I will no longer be dealing with anything over the phone with them.

 

In regards to my CC charges, anyone have any idea of what I should say in the letter rejecting there offer and asking for the full amount, I've had a good hunt around the site (been looking since my last post) and can't find anything. All the charges are from before April 2006, and I feel justified in asking for the full amount back with interest.

 

 

Here are the rejection offers, you could be cheeky and say you'll accept their part payment offer and advise you'll be continuing with action through the courts:D

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/139-rejecting-offers-

[Neat69]

Ok, Rejection letter ref CC charges will be posted tomorrow.

 

I received a copy of my bank statements, and the charges add up to £3500, with over £1000 worth in the last year. I am considering putting in a claim under the hardship exemption, and was wondering if I should ask for interest when claiming? I am prepared to take this to court if necessary.

 

I have also e-mailed the FOS, with the hope they can shed some light on what type of account the Preference account really is.

 

Thanks for all your help,

 

Mike

[davey77]

Hope you get something useful back about what a preference account is. There seems to be a lot of confusion as the whether it is covered by the CCA1974 or not:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159970-bos-preference-card-agreement-2.html#post1786639

[Neat69]

Well Halifax have received my SAR, as i have had a reply that they are processing my request ( though I know they received it last week anyway).

 

Despite telling them on the phone, and now in writing that I will only deal with this in writing, I still have a bucket load of missed calls from them on both my mobile and house phone! Is there anything I can do about that?

[davey77]

I would try sending this letter off by Steven.

 

http://www.consumeractiongroup.co.uk/forum/brighthouse/178308-brighthouse-telephoning-me-2.html#post1925860

 

Also, if any of the calls are silent and frequent a complaint to OFCOM is in order.

[Neat69]

Halifax calls are getting crazy now, but I'm still refusing to confirm my details over the phone. Though a chap today did say that if I didn't speak to him today then my account would be passed for legal action, this is before i confirmed my details with him!

 

I've had a reply from Halifax about my SAR, there is one thing of note in this:

 

"Please note, HBOS plc is not obliged to supply records held in paper format if they don not form part of a relevant filing system."

 

What does this mean, and is it legal, I thought they had to supply all information.

 

my SAR to BOS still dosnt show as received, even though it was sent on the 5th!

[Neat69]

Ahh, good old Halifax, I CCA'd them on my loan and preference account, just because i knew it would be quicker and potentially give me more ammunition.

 

They have replied for my loan account, with a copy of my statement/charges but atachted a copoy of teh agreement for my prefernce account and not my loan. Good job.