HBOS Debt Collection Company Advice

[Kuno]

Hi Everyone,

This is my first tentative post, encouraged by the warmth and support of your forum members.

By way of intro...I'm 58, female ex nurse, retired after works injury in 92. Was given an NHS Pension "guaranteed for life". So watertight it was accepted as income by my mortgage and loan companies. (!) Have been disabled and on Incapacity Benefit plus my pension since then. Just over a year ago I was informed that the Pensions Agency had made longstanding errors in interpreting pension rules, ie rather than the pension being adjusted each time my benefits changed, it should have stayed the same as it was when I was first awarded it.. ie NIL because at that time I had increases in benefit for 2 children, now grown up, and my late husband who had terminal cancer. The good news was they kindly weren't going to reclaim what I'd been paid. This affected thousands of NHS pensioners, not just me. The pension was stopped, with a months notice. Since then I have struggled to keep up with loan and credit card payments, getting into a mess, until just before Christmas when I realised if I didn't prioritise I'd be living on fresh air. Meanwhile the Halifax suddenly seemed very keen to impose charges even for slight overlimits and I got a sudden massive domino effect whereby charges took me over the limit, dd's weren't paid..more charges...I'm sure you know the scenario. Got them to waive a few but it went on and in the end I panicked, opened a Citibank Account and moved my Benefits payments, just to be able to eat.

I'm now being chased by HBOS for 3 credit cards and my overdraft..although Ive left £60 superan monthly going into the account to try and reduce this, even so their charges keep escalating. I also have an Egg Loan taken out in 2002.

Dear me, I didn't mean this to be so long winded! I have written to the Halifax asking for time to sort things out, explaining I am ill, but yesterday I had a visit from a woman who said at first she was from the Halifax, asking to come in. I refused politely and told her I was dealing with this by letter and wasn't prepared to either let her in or discuss my private finances at the door. She tried a different tack and said could she come in to use phone.I said no, sorry. Then she produced a mobile phone and said would I have a quick word with the Halifax to confirm she was there, so that I wouldn't get charged for the visit.

I said that my circumstances were too complicated to discuss on the phone and that in any event it was the incompetence of the Halifax and the Government that had put me in this position. She then said she wasn't actually with The Halifax and pretended to sympathise. Meanwhile she rang HBOS and handed me the phone, saying all you need to do is confirm your identity, then hand me the phone back. I did that, then she said, right they want to talk to you. At this stage, I was shaking and agitated. I said that I'd already told her I wouldn't do that, and asked her to leave. She carried on trying to get me on the phone, so I just told her again to leave my property. I was visibly distressed and finally she went. I have no idea which of my Halifax accounts she was here about.She showed no ID. I thought I heard her say she was from something like "Close Contact" on the phone to the Halifax. Please, does anyone know this company, and do I have grounds for complaint? Sorry this is so long but I've been churning it round in my head all night. Any advice appreciated.

PS After reading another post I'm beginning to wonder if I misheard and that it might possibly have been "Power to Contact"?

Edited February 25, 2009 by Kuno
After reading another post

[cerberusalert]

First send them a CCA request for each credit card to see if they are enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

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 faithfully

 

(Print do not sign signature)

 

For your overdraft you need to send them a SAR, with all the information that you get back you will be able to determine whether there have been any unfair bank charges over the past 6 years and then start the process of reclaiming them. The SAR costs £10 pounds and they have 40 days to respond;

 

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,

[cerberusalert]

As for your pension have you been in touch with your union about this? I would have thought with the number of people it will effect, that they would be trying to do something about it. Failing that, if you get in touch with Age Concern they maybe able to help by referring you to a legal advisor. I know Age Concern may sound as if they only deal with the aged, but anyone over 50 qualifies for their help.

 

Also have you claimed for Pension Tax Credits now that your income has dropped?

[Kuno]

Hi,

Many thanks for your replies. It's so long ago I'm no longer in the Union, and since I remarried I don't think I qualify for pension credits due to my husband's wage, which is taken up by the mortgage and all the priority household bills, but at least they are covered at the moment. The thing is, we borrowed in line with our pre-pension-loss joint income, even though most of these debts are just in my name. Ironically my husband's job is also now at risk due to the credit crunch caused by...HBOS & Co.

[Kuno]

Also thanks to Cerberusalert for your detailed and very valuable reply. I will certainly do as you suggest, and will also tackle the Egg Loan in the same way. I did try to reduce my outgoings a few months ago by asking then for a new loan covering only what was still owed, as I had paid off more than half, but was turned down..apparently the computer said "no"..and ridiculously concluded that I could afford to make the existing monthly amount of £350, which I had never missed, but not the new amount which would have been considerably less. Maybe its a good job in the long run, if it proves to be unenforceable!

Don't feel so isolated any more, thanks again for your input.

[cerberusalert]

It wouldn't hurt to telephone the union and ask for information.

 

I've just checked the pension credit and you're too young;)

[Kuno]

Best compliment I've had all day!

The pension I was on was "NHS Permanent Injury Benefit" supposedly guaranteeing an income for life of 75% of my final salary, plus inflation. They seem to be a law unto themselves. They used to have a forum for "pensioners" to air their views but as soon as they started getting any flack the forum magically disappeared! I will bear that in mind about the Union though.

[cerberusalert]

I really think you need expert legal advice with the "NHS Permanent Injury Benefit" though. If the union can't/won't help it maybe worthwhile contacting your nearest legal aid advice centre Community Legal Advice Centres and Networks or law centre About Law Centres: Find your local Law Centre

[Kuno]

I'll get these bank letters sorted then I'll chase that up. Thanks once again

[MrMT]

Hi Kuno, if you get another doorstep caller, they should leave as soon as you ask them to. If not, you can call the police for trespass. I'm sorry you were distressed by that caller but as you realise, they can say what they like with impunity, and often do. It's always a con so refuse to even speak to them and certainly don't give any personal details, or reveal who you are. Best wishes.

[Kuno]

Thankyou MrMT,

Forewarned is forearmed now, I'll be sending out the letters today and if anyone else calls in the meantime I'll just say "and you are?" without giving my name, ask if they have a card (so I know who to complain about) then say thankyou and goodnight and close the door. I have 2 German Shepherds so at least I know no one will try to force their way in!!

[Kuno]

Just an update and need a bit more advice if possible...

I sent off my CCA requests (including the do not make doorstep visits request) yesterday (Friday) by Recorded Delivery so they should get them Monday. In the meantime I've just got a letter from Power2Contact saying they will call at my house if I don't contact The Halifax within 3 working days. After their last very unpleasant call for a different account last week, I don't want a repeat. I've no confidence that my letter to the Halifax will prevent this in time. Should I email power2contact with the same "no doorstep visits template", just as backup? I can't get to the Post Office again till next Thursday. Any advice welcome