Halifax and wifes loan - Agree Section 78 Write Off **won**

[GARY68]

Hi all

just to let you all know,that the dispute letters,avoiding debt collection agencys and persistant letters of complaint actually "pay off"

 

Disputed the account for the wife after no enforcable agreement arrived ,

application form,standard terms/conditions,

 

today received this

 

 

[GARY68]

Today recieved this

 

[GARY68]

HI ALL

JUST TO UPDATE ON THIS THREAD,AS I STARTED ANOTHER ONE AND THIS WAS STILL LURKING AROUND,

SO HALIFAX HAVE PAID UP ON THE WIFES ACCOUNT AND IT IS NOW CLOSED.

I HAVE YET TO COME UP WITH A PLAN OF ACTION ABOUT THE DEFAULT AND ALSO IAM WAITING FOR HER SUBJECT TO ACCESS-WHICH I WILL BE GOING AFTER HER PPI PREMIUMS -WHICH OF COURSE I WILL WIN:D

Re: Section 78 Write Off **won**

[david999]

Hi everyone

 

not sure if this is the correct thread.

I want to ask for help on behalf of my older sister.

 

She took out a BOS credit card around 17 years ago, around 1992.

 

she still has the same card account it has never changed, and she has used and paid it faithfully all these years, unfortunitly, she has now run into finanicially difficulties, she has not defaulted on the card "yet", but it looks like she will shortly.

 

what can she do??

 

i am reading about people asking for section 78s, and original signed agreements,

 

can someone please advise..

 

David

[postggj]

best you start your own thread david

[GARY68]

Hi Dave

its always best to start your own thread,but ive sent you a reply to your PM

good luck

[ajs444]

Nice one Gary, lot of food for thought on this thread.

[GARY68]

just a update on this one

 

checked with equifax and account settled + history wiped ooooooooooooooo

seems the subject to access arrived last week so going through it..just for the sake really and dicovered that there were notes from dept to dept that the signature wasnt upto much and they couldnt be sure it was the wife,,,,,so now I have sent off a ppi claim,

 

after all if there is no sig there must not be any ppi authorised-lets see what reaction i will get on this.

[postggj]

gary

a word to the wise

 

it might be an idea to subscribe to a cra for a bit

 

i had a default from hbos removed and account history deleated after a long slog.

 

thing was they kept comming back on my credit file every 4 months

 

hbos blamed an automated system

now they would say that

 

they were removed with in 48 hours each time after i gave them a right ear bashing

 

dont trust them

[GARY68]

Thanks for the advice postggj i will keep my eye on that, i have subscribed to 1 for that reason,

on another point you have just reminded me to chase a default down from a account halifax have cleared with ppi on my other thread,

thanks P

[GARY68]

ok this account now closed, so after going through her ppi monthly payments,Ive found around £1200 worth of payments.....so Im back in for them to be paid back.

 

HBOS PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

DATE xxxxxxxxxxx

 

Dear Sir/Madam,

 

Re: Halifax credit card Re: xxxx xxxx xxxx xxxx

(Payment Protection No xxxxxxxxxxx)

 

The Payment Protection Plan Insurance was attached to the above Halifax account on the xx/xx/2002 I was not made aware that this was optional and I cannot remember ever agreeing to have it attached to the account,

 

After viewing the subject to access statements supplied to me on the xxxxxx 2009 , I believe that I was mis-sold a Payment Protection Plan for the reasons stated below, and wish you to investigate my complaint according to your complaint procedures.

 

At the time the ppi was applied to the Halifax card I have never received any policy documents, or a copy of the terms and conditions. Furthermore the policy exclusions were not explained to me either before or at the time the card was issued. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

I have no recollection of even applying for any payment protection policy and was unaware I had this until a review of my subject to access files It is my belief that there is no evidence that I neither applied nor wanted the ppi and find it hard to believe that sales staff have not benefited from a commission on this.

Your advisor at the point of sale has obviously failed to apply the appropriate duty of care to me as a customer in this instance.

 

It was not explained to me that the policy premium would be added to the monthly statements and that my debt would increase as the premium would attract monthly interest.

As I now know it was not mandatory, I am now of the opinion, after researching the mis selling of Payment Protection Insurance, that I am entitled to claim back the premiums paid plus the interest applied to those premiums.

If my compliant is upheld I will require a refund of all premiums paid on the policy, plus the additional interest charged to me because of the PPP. I will also require the statutory interest at 8% in view of the fact that I have been deprived of the use of this money. (spreadsheet enclosed)

Please now investigate my complaint within the eight weeks allowed to you. Please also confirm in writing acknowledgement to this letter.

 

Yours sincerely,

[GARY68]

Letter back today.

 

They are going to uphold my complaint and will put me back in the position I would have been in if I hadnt taken the insurance,

 

So another victory...not only have they wrote off the balance, but I have sucessfully claimed back the ppi too,

 

only question now is, as there is no card they shouldnt be able to pay redress on the account and should just send us a cheque for the amount paid +interest.

 

or will they?

 

WILL UPDATE.

[GARY68]

After this

I had recieved the sar, so I decided to go for the ppi too.

 

sent my letter off and wited the 8 weeks.

Letter back today.

 

They are going to uphold my complaint and will put me back in the position I would have been in if I hadnt taken the insurance,

 

So another victory...not only have they wrote off the balance, but I have sucessfully claimed back the ppi too,

 

only question now is, as there is no card they shouldnt be able to pay redress on the account and should just send us a cheque for the amount paid +interest.

 

or will they?

 

WILL UPDATE.

[david999]

weldone gary,, you certainly have had a very good result with this,, hope our's go's the same,, were now 70 days still waiting for a true caa, they have sent everything except a true caa.

 

David

[GARY68]

thanks david

I will be subbing your thread,dont worry you will get the result needed,

[GARY68]

update on this .

 

went back in for the ppi and just got a refund of £677

 

no account to redress so cheque sent out

 

someones cocked up:D

[GARY68]

update

seems there is no redress

cheque sent out for £677

nice.

[lexis200]

But it's not you so who cares:D:D

[citizenB]

update on this .

 

went back in for the ppi and just got a refund of £677

 

no account to redress so cheque sent out

 

someones cocked up:D

 

 

Nice one, congratulations

[GARY68]

well whats mines mine,whats hers is mine:D

[MRS_P]

Gary with your halifax claims did you ever go for compounded interest?

[24233513afw]

Well Done Gary what an achievement you should be so proud of yourself.

 

Its these kind of success claims that keeps the rest of us going.

 

I am about to embark on a CCA dispute with Bank of Scotland Visa Credit Card, bit nervous to say the least, then I read success claims like yours and think GO FOR IT.....here's hoping I can add to the success chain soon.

AFW

[twometer]

Hi Gary

Well done on your victory!!

Now a general question to all you guys

I sent a CCA request to Blair Oliver and Scott dated the 4th January 2010 since then i have not received any correspondence from them,however i have now received another demand for the same credit card balance from Wescot!!! giving me 7 days to pay, contact them "OR ELSE", it looks like they have passed on the collection as they cannot comply with the CCA request!!? do I wait the required time and then put the account into dispute with Blair Oliver Scott or send another CCA to Wescot? any advice would be gratefully received

PJW

[millsy1]

HI have had 5 claims running for over 18 months regarding the CCA in regards credit agreements with CCS and Redkite, the ccs ones are with solicitors know, have no idea about the redkite one.Just wondering how u guys moved your claims along, who you used if anyone. and what templates you sent to the creditors.

[ejleigh68]

Salient point for all to note here a write of will depend upon the amount owed and how clever OR not the employee is who deals with this, be prepared for a battle I have just had a claim from Northampton Bulk Centre through this morning and will be updating my thread, however I am not too worried as I am still awaiting a response from a SAR from Sept 09. Halifax really know how to help make your case for you dont they.

I will await seeing "the copy" agreement in court and see how far they get or not as the case may be. I am wondering however if the "Manchester" ruling has made the Credit Card companies a little more brave and I have a nasty feeling that this may be raised by them if and when we end up in court.