BOS/Halifax

[Spamalot]

I think it's just co-op and Smile.. not terribly sure cos I've only recently parachuted to them from Lloyds

 

Spam.

[joemay]

Can anyone confirm if I they do have the right to take from my account, if I was an additional card holder?

[Spamalot]

Can anyone confirm if I they do have the right to take from my account, if I was an additional card holder?

 

If you have a copy of the T&C's sent with your 'agreement' it may say as such on there..

 

I will have a research in my stuff later if you haven't found out in a while.

 

Spam.

[banker_rhymes_with]

Hello Joemay!

 

Can anyone confirm if I they do have the right to take from my account, if I was an additional card holder?

 

No idea, I regret. But worry about that after you have the funds moved somewhere safer, and any payments linked to those accounts moved too, so that they can't rock the boat for you.

 

The banks are not to be trusted, full stop.

 

Cheers,

BRW

[joemay]

Hello Joemay!

 

 

 

No idea, I regret. But worry about that after you have the funds moved somewhere safer, and any payments linked to those accounts moved too, so that they can't rock the boat for you.

 

The banks are not to be trusted, full stop.

 

Cheers,

BRW

 

You can say that again. Have applied for co-op its going to take 4 days:eek:

Being trying to get confirmation from the FSA regarding this, but as usual this is a useless org.

[Spamalot]

You can say that again. Have applied for co-op its going to take 4 days:eek:

Being trying to get confirmation from the FSA regarding this, but as usual this is a useless org.

 

Did you apply for Cashminder or Basic at the Co-op? I got refused the basic account.. after they'd done the credit checks

 

but I was accepted immediately on the cashminder.. just had to wait for my account number and what not...

 

Good luck any way.

 

Spam.

[joemay]

I called the FOS. I was shocked to hear the guy tell me that it's could be possible for this to happen. I asked how that could be as I don't have an agreement with them, never signed anything, he reckons that the banks can link you financially. He told me to seek further advise from the FSA. Called them and no-one is available to spk to me, they could arrange a call back but it might not be 'til thursday:eek:

 

So everyone take heed and as BRW has pointed out its so important to have a parachute account.

[joemay]

Did you apply for Cashminder or Basic at the Co-op? I got refused the basic account.. after they'd done the credit checks

 

but I was accepted immediately on the cashminder.. just had to wait for my account number and what not...

 

Good luck any way.

 

Spam.

 

she did the application with a savings account attached, probably not the best move, refused. I'm going for the cashminder & savings so I suppose that's why its been referred:roll: Should have read BRW before applying.

[diddydicky]

Thanks BRW & DD - I will sort out today.

 

Yes DD I was an additional cardholder, but never signed anything. I don't honestly believe that they would have any legal right to take money from my account, but I don't think I want to take the chance.

 

Like everyone else, so long as your not having difficulties banks seem to be ok, but as soon as you run into financial troubles they most definately are not to be trusted.

 

Thanks again:)

 

might be worth just checking through the T * C's since if you used the card you might have difficulty proving anything else

 

never used a card as joint cards so not too sure if there is a term in the agreement re liability

[joemay]

Looked at the t&c's they sent with copy of application form. It reads as if the cardholder is responsible for the additional card holder. Can't even see the section where is says they have contractual rights to take money from an account. I'll study it harder later i've only just skimmed over it.

 

The point is thou' that as I never signed anything & I'm not on the original application form, I really can't see how they could do such a thing.

[Spamalot]

Hi Joemay,

 

I think you'll find that with banks, what they are 'allowed' to do and what they 'actually' do are two entirely different things.

They rely on Mr and Mrs Public not to challenge them and that is how they make a lot of their money.

For instance... they jack up the APR on loans by a miniscule amount... barely noticeable... you end up paying a couple of quid extra per month, times that by a few million people and there you go...easy money:rolleyes:.. Have you checked the APR on any loans you've had or have you just accepted it? I know I never bothered checking.... until now!!

 

Sorry to rant on But I'm just saying they will TRY anything ,believing that you will accept that they can do that and that you won't challenge them.

 

So get your money out of there.. stuff it under your matress and don't let them get their greedy hands on it!!

 

Spam.

[Undercover-Elsa]

From Halifac CC T&C's:

14. Additional cardholders

You must pay for all transactions made by any additional cardholder.

You'll probably be OK here Joemay...but I'd still do the parachute account..I wouldn't trust em as far as I could throw em..which isn't far!

Elsa x

[diddydicky]

Looked at the t&c's they sent with copy of application form. It reads as if the cardholder is responsible for the additional card holder. Can't even see the section where is says they have contractual rights to take money from an account. I'll study it harder later i've only just skimmed over it.

 

The point is thou' that as I never signed anything & I'm not on the original application form, I really can't see how they could do such a thing.

 

that looks ok then

[Undercover-Elsa]

LOL Totally agree Spammie

Glad you got yours sorted out. Another [problem] thats being looked at now is the difference between the advertised online loan application APR and the one you actually end up with. They "turn down" the online app so that you ring..then make a big thing about trying really hard for you.."I'll ring our underwriters..." and come back and say yes we CAN give you one...(very quickly and quietly.."but the APR is higher..." LOUDER "But its the best your going to get in YOUR circumstances... (Huh!!)

Reminds me of doorstep double glazing sales techniques!!

No more credit for me, I'm allergic to it.

Elsa x

[joemay]

Hey thanks guys. I've looked over the t&cs and states what elsa kindly posted. Interesting thing is though, nowhere does it state in t&c that they have the contractual right to withdraw funds from other accounts. Now if they have this right then why the hell can't I see that written in their current t&cs.

 

Hope to have parachute sorted by next week. I really should have done this ages ago, (so niave, am I) but I'm learning they really are a whole load of bankers.

 

Spam don't want it under my mattress I've got 2 kids who are desperate to become consumers:mad:

[diddydicky]

i think you will find it is in your bank account terms and conditions rather than your credit account terms and conditions

[tosh1]

subbing

[joemay]

Update - Complaint letter was sent to Helifax and a response has been received. I have a few questions and would be grateful for advise.

 

They mention they have noted the comment revolking license under english common law not to visit OH, but state this complaint is declined as this law doesn't apply to recovery of debt?? Can someone please confirm if this is the case or not.

 

They also state that as it's a "Joint Account" they are entitled to contact either party. This isn't a joint account, there is a mere application form with OH details and signature, I was added later as additional card holder, don't remember signing any agreement, awaiting SAR to see if it throws up anything, but my understanding is that OH is totaly responsible for the debt, and therefore they are not entitled to contact me, am I right in thinking this or can they chase me for the debt??

 

They are of the impression that OH has a payment agreement in place with Bloody Orrible & Snotty, but he has never agreed anything with them, he was paying Helifax £1 pm token payment, but this has now been stopped due to the fact that OH rec'd letter from Helifax stating that agreement had ended therefore rescindering the agreement.

 

And finally, in the complaint letter from OH it was mentioned that the agreement has been rescindered and they responded by stating they have checked the file and they can't find any record/confirmation that the debt has been rescinded, they want OH to send a copy of the letter which states this?

 

They say they're keen to resolve OHs concerns and if they don't hear from OH within 8 weeks, they assume he is satisfied. Obviously he's not satisfied and neither am I as they are trying to make this a joint account - they been sending text messages to both of us, which they say is reasonable, but considering OH health issues its not.

 

Can all you knowledgable caggers please comment on this, as I hope this letter is really just trying to get OH to panic and pay, or is there any truth in what they are stating.

 

I look forward to your responses.

Joemay

[diddydicky]

i'm pretty sure that an "additional card holder" is not regarded in law as jointly or severally liable for the account.

 

the company would have had to have done due dillegence on the "additional card holder" or else how can they satisfy themselves that he is a responsible borrower ?

 

many companies have credit card accounts and employees are issued cards as additional card holders and can use the facilities of the company card but they are not personally liable for the account

[pedross]

Hi joemay

 

I agree with diddy, I am of the opinion that you are an additional card holder on the main account not a joint cardholder. The main cardholder is responsible for the debt and the statement comes in one name only.

 

But that is just one issue. You now have quite a few issues to deal with after your correspondence with Halifax. Personally, I would not play their game and I believe that you are falling into their trap.

 

They are talking a load of rubbish and you want advice on how to answer the individual points. It will not work and they will see that you are both weak and that will get you nowhere at all. The people you are dealing with are worried. Not about you, they care not, they are worried about their own jobs and rightly so.

 

So here is my advice, you asked for advice and it is for you to decide if this is the right way to deal with them.

 

To begin with they do not care about common law or any law. So why do you care if they text you or write or phone or whatever. They very rarely visit you and if they did you just hand them the letter that is available on the forum.

 

I have not been through the thread again but if I recall correctly you have an agreement which is debateable, a DN which is invalid and they terminated the account in April or May and sent a letter to confirm it. Please correct me if I am mistaken on any points.

 

Unless there is a reason you cannot do it I would get a new number for your OH mobile. If they speak to you on the phone I would tell them it is not your account and you are recording the call. I would make a note of all calls and texts.

 

I would not write to them regarding the termination letter, or any other matter unless they get really annoying to your OH. Then I would write and confirm the health issues and say that you have taken advice (which you have) and that they do not have a case. If they continue to persecute a sick person you will take the matter much further and will expect considerable compensation.

 

Finally, the only thing that they are keen to resolve is you not paying and their comments are to show that they are complying with the complaints procedure.

 

Why don't you both just chill and wait and see what they do next.

 

Pedross

[vint1954]

Update - Complaint letter was sent to Helifax and a response has been received. I have a few questions and would be grateful for advise.

 

They mention they have noted the comment revolking license under english common law not to visit OH, but state this complaint is declined as this law doesn't apply to recovery of debt?? Can someone please confirm if this is the case or not.

 

Total male cows poo. It applies to everyone, excepting the police and emergency service etc.

 

They also state that as it's a "Joint Account" they are entitled to contact either party. This isn't a joint account, there is a mere application form with OH details and signature, I was added later as additional card holder, don't remember signing any agreement, awaiting SAR to see if it throws up anything, but my understanding is that OH is totaly responsible for the debt, and therefore they are not entitled to contact me, am I right in thinking this or can they chase me for the debt??

 

Additional cardholders are not liable for the debt. If it says additional cardholder, then that is that. Who do they address the statements to?

 

They are of the impression that OH has a payment agreement in place with Bloody Orrible & Snotty, but he has never agreed anything with them, he was paying Helifax £1 pm token payment, but this has now been stopped due to the fact that OH rec'd letter from Helifax stating that agreement had ended therefore rescindering the agreement.

 

BOS are just Halifax in disguise. Ignore or rebutt this.

 

And finally, in the complaint letter from OH it was mentioned that the agreement has been rescindered and they responded by stating they have checked the file and they can't find any record/confirmation that the debt has been rescinded, they want OH to send a copy of the letter which states this?

 

Do not send a copy of the letter. If they do not have a copy, which they don't, tough on them. Just tell them the date of the TN and who sent it. They have tried the same with me.

 

They say they're keen to resolve OHs concerns and if they don't hear from OH within 8 weeks, they assume he is satisfied. Obviously he's not satisfied and neither am I as they are trying to make this a joint account - they been sending text messages to both of us, which they say is reasonable, but considering OH health issues its not.

 

Check your agreement and statements plus other communications. See who they are addressed to. This lot will try anything, so you need to confirm to them that this is not a joint account. I don't think that I have ever heard of a joint account for crediit cards.

 

Can all you knowledgable caggers please comment on this, as I hope this letter is really just trying to get OH to panic and pay, or is there any truth in what they are stating.

 

I look forward to your responses.

Joemay

:evil::evil:

[joemay]

Thanks guys for your response. TBH when I saw the letter I did think they were talking out of their rear end.

 

One thing that does concern me is when or if this goes to court will a judge not say why didn't you respond to the letter in order to try and resolve the issues, is OH not obliged to respond??

 

Thanks

Joemay

[pedross]

Thanks guys for your response. TBH when I saw the letter I did think they were talking out of their rear end.

 

One thing that does concern me is when or if this goes to court will a judge not say why didn't you respond to the letter in order to try and resolve the issues, is OH not obliged to respond??

 

Thanks

Joemay

 

It will not make a difference., if it does go to court. If the question arose you would say that you tried writing to them and they ignored the contents of the letter and misled you with the response.

 

You were therefore advised to stop writing as it was just encouraging the Halifax to put more pressure on your sick OH.

 

Just let us know what they do next.

[Spamalot]

Hi Joemay...

 

Just to add as I totally agree with Pedross here...

 

Hang on to that letter as it also shows that Halifax are trying to mislead you and also appear to be 'Misrepresenting' the facts stating that it's a joint account when it isn't.

 

Give them enough rope and they'll eventually hang themselves..

 

Concentrate on yourself and the OH. Ignore the Haliprats.

 

Spam.

[joemay]

Thanks Pedross & Spam,

 

I agree just leave it be, see what they start throwing at OH and hopefully they'll hang themselves, doubt that they would need any assistance from us:p

 

I'll keep you posted 'cos no doubt we'll be hearing from them soon;)

 

Spam I noticed you changed your avatar back:)