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Student Vs Goliath... i mean Halifax! Please help!


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Hey there

 

Im a 24 year old student, studying in Manchester at MMU and am now going into my second year of study. I have had a halifax account for approx 10 years and now it seems to be coming to an end, and I am unsure on where I stand. I also have a credit card with Halifax.

 

Before I was a student I worked full time and had a few late credit card payments, but nothing too drastic at all.

 

A few months ago I accidently exceeded my overdraft limit of £1000 when a direct debit went out of my account. I suffered the obvious charges but had no money to get my account out of the red. I had already spent all of my student loan on Rent upfront and couldnt aford the payment. I also failed to pay my credit card payments.

 

I did inform Halifax by phone that I couldnt make these payments but they were very unhelpful. Now I am swamped in phone calls where I reel off the same story and am told that I must make a payment. I told Halifax that i wouldnt be able to make a payment until 21st September when I get my loan, but as of that date would pay all my debts in full.

 

I then recieved a bank statement saying my overdraft had been increased to £1300 and I had £90 to spend (£210 had accumilated through charges and the direct debit) Being a poor student I was confused and went to check my balance at a cash machine but the machine ate my card.

 

I went into my Halifax branch to find out exactly what was going on. Heres what happened:

 

I was made to ring the Retail Bank blah people again. They told me that a plan had been set up to remove my overdraft completely and I had to pay £250 for the next four months till I was back at 0. I was gob smacked. I explained that I was a student and the person on the phone said that the Retail Bank had acted unfairly and couldnt do that and I had to sort it out in branch.

 

So I spoke to the lovely lady and she said she'd sort it.....

She rang a few people and told me there was nothing she could do, the branch were technically recovering my whole overdraft without telling me and if my loan went in they would "swallow" my money. She then covertly advised me to open a new bank account and put my student loan in there.

 

Where do I stand?

Can Halifax really just take away my student overdraft?

I understand that I owe them money but I need all the money I have just to cover my rent, food and bills

Is there anything I can do to stop them from totally taking away from my overdraft?

 

I have set up the loan to go into another acount now and havnt as of yet told Halifax.

 

Any help or advice would be much appreciated

Thankyou

 

David x

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Halifax will do what they want. They will aslo give you a bad time on the telephone. They have a reputation for this.

Start using your new account.

 

Find out how much Halifax have taken off you in charges over the years and set this off against your overdraft to have a better understanding of your position.

Read this forum. Find out about the unlawfulness of charges.

 

Have nothing to do with amyone on the phone. Refuse to speak with them and install a call recorder. Don't deal with anyone without recording your calls.

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Thanks for the advice.

 

Ive had a look through the site but Im finding it quite confusing and dont really know where to start.

 

Am I right in thinking that I need to initially send off this letter to Halifax?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html

 

Do I just send it to my branch?

 

Im sorry for being a pain, i just kinda need a simple step by step guide of what I need to do. Im sure theres probably one here on the site but I cant find it.

 

I will keep reading through the forums anyway to get a jist of how these affairs are normally carried out.

 

Thanks to everyone who helps keep this forum going, im sure you're going to be a big help

 

David

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Hi, David.

 

Everything you need is here.............

 

The Consumer Forums - Bank charges templates (consumer)

 

This is the step-by-step...............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for the advice.

 

Ive had a look through the site but Im finding it quite confusing and dont really know where to start.

 

Am I right in thinking that I need to initially send off this letter to Halifax?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html

 

Do I just send it to my branch?

 

Im sorry for being a pain, i just kinda need a simple step by step guide of what I need to do. Im sure theres probably one here on the site but I cant find it.

 

I will keep reading through the forums anyway to get a jist of how these affairs are normally carried out.

 

Thanks to everyone who helps keep this forum going, im sure you're going to be a big help

 

David

 

I am in the same position! I had a Halifax account opened in 2001. They added charges and interest then was backed in a position where it just kept on piling and piling and more in debt. Then they wanted their money back! They sold my debt to Capquest. I was wondering who I sent the letter to Halifax or the DCA?? They have also defaulted me and I wrote them a CCA they said to write to Capquest the DCA. So who shall I send the bank charges template to?

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Hi, natlani.

 

Claim your charges back from the Bank.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I am in the same position! I had a Halifax account opened in 2001. They added charges and interest then was backed in a position where it just kept on piling and piling and more in debt. Then they wanted their money back! They sold my debt to Capquest. I was wondering who I sent the letter to Halifax or the DCA?? They have also defaulted me and I wrote them a CCA they said to write to Capquest the DCA. So who shall I send the bank charges template to?

 

Anyone?? Please help...

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Hi, natlani.

 

Claim your charges back from the Bank.

 

Regards.

 

Scott.

 

Hello, Thank you so much for replying, I am getting so scared and brain is going a little dead! So claim back charges from Bank not the Debt company they sold the debt to? Bank sold the debt to Capquest in 2008, I have not seen any deed of assignement! I just need so desperately my default remooved! It was an overdraft so not covered by CCA! But they have the cheek to put a default on my Credit File!

 

Also going back to bank charges, will they keep my file on hold and stop hassling me on the basis that I re-claim bank charges?

Thanks, Natlani

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Hey there

 

Im a 24 year old student, studying in Manchester at MMU and am now going into my second year of study. I have had a halifax account for approx 10 years and now it seems to be coming to an end, and I am unsure on where I stand. I also have a credit card with Halifax.

 

Before I was a student I worked full time and had a few late credit card payments, but nothing too drastic at all.

 

A few months ago I accidently exceeded my overdraft limit of £1000 when a direct debit went out of my account. I suffered the obvious charges but had no money to get my account out of the red. I had already spent all of my student loan on Rent upfront and couldnt aford the payment. I also failed to pay my credit card payments.

 

I did inform Halifax by phone that I couldnt make these payments but they were very unhelpful. Now I am swamped in phone calls where I reel off the same story and am told that I must make a payment. I told Halifax that i wouldnt be able to make a payment until 21st September when I get my loan, but as of that date would pay all my debts in full.

 

I then recieved a bank statement saying my overdraft had been increased to £1300 and I had £90 to spend (£210 had accumilated through charges and the direct debit) Being a poor student I was confused and went to check my balance at a cash machine but the machine ate my card.

 

I went into my Halifax branch to find out exactly what was going on. Heres what happened:

 

I was made to ring the Retail Bank blah people again. They told me that a plan had been set up to remove my overdraft completely and I had to pay £250 for the next four months till I was back at 0. I was gob smacked. I explained that I was a student and the person on the phone said that the Retail Bank had acted unfairly and couldnt do that and I had to sort it out in branch.

 

So I spoke to the lovely lady and she said she'd sort it.....

She rang a few people and told me there was nothing she could do, the branch were technically recovering my whole overdraft without telling me and if my loan went in they would "swallow" my money. She then covertly advised me to open a new bank account and put my student loan in there.

 

Where do I stand?

Can Halifax really just take away my student overdraft?

I understand that I owe them money but I need all the money I have just to cover my rent, food and bills

Is there anything I can do to stop them from totally taking away from my overdraft?

 

I have set up the loan to go into another acount now and havnt as of yet told Halifax.

 

Any help or advice would be much appreciated

Thankyou

 

David x

 

Your Halifax account was clearly a student overdraft account, right? So was mine! They are not covered by CCA- So what do I do I still want it to go to court as I feel I was innocent and they just wanted all their money back just like that knowing I was a bloody student at Uni! The reason I went over the overdraft like you is beacuse of charges just like you!!!!! I really wanna go court!!!!

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Hi, David.

 

Everything you need is here.............

 

The Consumer Forums - Bank charges templates (consumer)

 

This is the step-by-step...............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

 

Scott, please be kind enough to help me! I am in similar position... I had a Halifax account opened in 2001, I then got charges and interest for somewhat going over over draft by £6 or so! Then I got loads of interest and charges then I was unable to afford getting out of the red because of them! They defaulted me and sold my debt in 2008!!! What is the best thing for me to do now as a CCA Request is not really the basis to go to court because CCA 1974 section 78 does not apply to me as it was a student overdraft!

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Your Halifax account was clearly a student overdraft account, right? So was mine! They are not covered by CCA- So what do I do I still want it to go to court as I feel I was innocent and they just wanted all their money back just like that knowing I was a bloody student at Uni! The reason I went over the overdraft like you is beacuse of charges just like you!!!!! I really wanna go court!!!!

 

Did they come back to you with rubbish like, well it was a student account... not covered by CCA?

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  • 5 months later...

Hi

 

It has taken me a long while to reply to this message but here's where I am upto. My claim for charges was denied shortly after the appeal for bank charges didn't go through the courts.

 

My account has now been defaulted. And I owe Halifax £1800. The £1800 has been moved to a debt agency called "Blair and Oliver" or something similar. They have been ringing since feb but I have been ignoring the calls. I am also getting letters stating I must 'pay NOW' and '5 days till we take serious action'. I have also ignored these letters.

 

I have read and heard that the best thing to do is to just ignore the company's until they sell the debt so far down the line that you can pay just a fraction of the original debt.

 

What should I do now? Should I just carry on my claim with the bank anyway? Would this put a hold on the debt?

 

Thankyou

 

p.s. and yes, it was a student account but apparently that didn't matter and they had the right to remove my overdraft/student account status :S

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  • 4 months later...

A quick update of where I am at.

 

The current account debt of £1800 still exists and has been passed around several different debt collectors. I ignored the phone calls for so long that I no longer receive them, just occasional letters. My latest letter states that I should ring the collection agency as they are willing to make a deal with me and accept less money than I owe to clear the debt.

 

This is pretty much what I have been waiting for, but I think I shall wait it out a bit longer as I presume they will make me offer if I wait it out.

 

I no longer receive letters or phone calls about my credit card. It exists but I am not being asked to pay off the debt and I am not being asked for monthly fees.

 

Ignoring them does seem to be working. Hopefully my credit card will just be ignored forever now and my current account overdraft will be settled midway of the actual balance that I owe. We shall see

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Hi,

 

Blair,Oliver & Scott are the 'in house' collection people at HBOS.

 

You can still re-claim any charges on your credit card.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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