Are they pulling his leg???

[shortwoman]

My partner has a personal unsecured loan with Halifax. He was paying this back until January 2009 even though he lost his job. He was advised to contact them and negotiate a reduced payment, however, when he did, they refused to listen. He asked them if they wanted him to knock down someone in order to get their money, the woman's response was that 'it was up to him but the payment needed to be paid'. He was more than shocked. They even gave him an overdraft on one of his accounts which he did not request and froze his account until he agreed that the repayment could be deducted from the overdraft! He has tried many times to negogiate without any success. He has now applied to open another bank account. In the meantime, Halifax have charged him £50 default fee and £10 for a phone call they made to him requesting payment. Even though they state that they can charge for everything and anything, is this legal? He is now going to write to them and send token payments every month of £5 even if they refuse.

 

Does anyone have any more suggestions?

[WelshMam2009]

Don't know much about fees but I thought that these were supposed to be fair and in the region of £12...so £50 default fee seems totally over the top in my opinion!!

 

A few Halifax default notices I've seen have been invalid due to the remedy time...can you scan and post up? (obscure personal details of course!!)

[djc]

hya shortwoman

the action you have taken so far is the correct start that is needed to obtain relief of your situation. ie opening a new bank account asap.

 

we wonder what happened from the careing help and support of the halifax. oh well you need to try and pay them if possible the full ammount each month or what you can afford if that is not possible. remember it is essential to write and maintain a clear record of all contact try not to get into phone dialogue with them ask for all communication to be placed in writing.

 

as soon as you have in place a new bank account follow up with an sar for the unsecured loan. and later for all costs/bank charges when your account with them has stabilised.

the road to recovery of your situation is now in your hands the effort you are prepared to put into this will reap its rewards in the near future.

 

for good measure why not post up details of your unsecured loan and let us have a look at it. have you been paying for payment protection insurance if yes why have you not claimed?..what date did you take out this loan?

as you can see there are lots of questions that need to be asked and understood to ensure that the correct advice is given.

 

keep fighting

 

djc

[pinky1977]

Hi

 

this is exactly how i found cag .tried to reason with halifax to pay reduced payments

 

halifax started adding stupid charges to my hubby for phonecalls taking money out of the bank account they claimed they could do what they wanted because he hadnt paid his cc and loan he apparently signed to accept these charges

 

So after getting nowhere and being pushed pillar to post i requested proof that they could do this via a copy of his credit agreement with ts &cs

 

funny enough that was in december still had nothing apart from an unreadble application form and unreadable loan

 

so if you havent done it i would send them a ca request dont sign the letter and make sure you post it signed for .

[shortwoman]

Thanks all for your response. After looking at his loan papers I found that they were incomplete. He has page one then it goes to page 5 then there are other papers stating the charges. He said he signed for the loan in the bank but only received the papers he had without a copy of anything he had signed for. I want to request a copy of this before we go any further, which Act do I quote as I have forgotten.

[pinky1977]

Hiya

something like this should do

 

 

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

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 cheque 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.

 

We look forward to hearing from you.

 

Yours faithfully

[shortwoman]

Thank you for this. I will get onto this straight away.

[pinky1977]

hiya

 

no problems if you need any help you can always pm me

 

take care x