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Gazza112

Gazza112 Helping a sick Cousin-v- Halifax

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Hi All

 

Just started this thread as i don't want it to get it muddled up with my own Halifax thread.

 

Right, little rundown and history on this.

 

My Cousin took out a Halifax credit card out at an Airport, back in 2001.

Was sold it by a rep at the airport at the time, the person filled in all the details and got my cousin to sign the application. As far as my cousin can recall she never recieved an agreement for that card.

She's been paying regulary up till she was diagnosed with terminal cancer, and couldn't now afford the minimum payments.

Now she contacted Halifax explaining that she has this complaint and it's terminal. With no result just demanding letters for payment.

The amount is off hand not having the paperwork to hand at the moment about £15,450.00.

Know this person is in her 60's and a pensioner with a disability pension living with her daughter who's caring for her.

I've just found out about Halifax,That's why i'm helping out.

 

As far as i know she's received a default Notice, which i've seen and it is invalid. Off hand i think it only shows 9 days to remedy.

I've CCA'd Halifax and got a reply saying that you received your agreement when you took out the card. All they have sent is the application form which my cousin signed in 2001.

 

At the moment Blair Oliver and Scott inhouse have taken over the account and threatening her with Court action.

 

I'll post up more details of the Default Notice and the application that my cousin received from Halifax later.

 

 

Gaz

Edited by Gazza112

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Hi,

When your cousin contacted them to inform them of her condition, did she do it by phone?

 

It may be worth visiting her GP to get a letter to confirm her illness which you could send to Halifax.

 

If, as you say, the default notice is invalid, have they terminated the account?

 

Don't let them know about the duff default as yet.


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That sounds terrible Gaz.

 

Having lost both my in-laws to cancer in 2007 and 2008, I know the last thing you need is further worry about anything - let alone something like this.

 

This is the sort of stuff you want to get into the papers

 

-no agreement

-terminal cancer

-pensioner

-living on disability pension

-daughter having to care for her

-bank ignoring all requests for help

 

With the current feeling towards banks I don't think you'd have a problem getting it picked up, and you might find it gets sorted much more quickly than trying to fight them alone?

 

If that's not a possibility I'd probably bypass the cretins and start writing directly to the CEO. If enough emphasis is placed on her condition and how it makes the bank look (you could possibly hint at publicity here even if it's not remotely in the offing?), it may kick them up the bum. I'd also (if you haven't already) get a formal complaint in so that the FOS can get involved - harassing a terminally ill pensioner for money they can't prove she owes??? That's utterly disgusting.


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Fruit flies like a banana.

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Hi,

When your cousin contacted them to inform them of her condition, did she do it by phone?

 

It may be worth visiting her GP to get a letter to confirm her illness which you could send to Halifax.

 

If, as you say, the default notice is invalid, have they terminated the account?

 

Don't let them know about the duff default as yet.

 

Hi Silverfox

 

Yes, she contacted them by phone and also sent them a form stating that this person is terminally ill. I can't remember the exact form number she sent them, but she sent them the orriginal and not a copy.

 

No, they have not terminated the account as of yet as it's with Blair Oliver inhouse department.

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Hi,

When your cousin contacted them to inform them of her condition, did she do it by phone?

 

It may be worth visiting her GP to get a letter to confirm her illness which you could send to Halifax.

 

If, as you say, the default notice is invalid, have they terminated the account?

 

Don't let them know about the duff default as yet.

 

 

Hi Silverfox

 

Yes, she contacted them by phone and letter stating that she was terminally i'll and sent them the original document from her GP and not a copy. The letter was a form with a reference No, she has asked for this form to be returned to her. But as of now no answer to her request.

 

The Default notice is blinding, as it's the worst i've seen with the other Halifax defaults on this forum, it even beats mine on here lol.

 

Before i sure her she was a bit frightened and worried over this dept, that's why i've taken over the letter writing to these companies.

 

As soon as i can get down to see her, i'll get a copy of the default and application and post it up without her personal details.

 

 

Gaz

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That sounds terrible Gaz.

 

Having lost both my in-laws to cancer in 2007 and 2008, I know the last thing you need is further worry about anything - let alone something like this.

 

This is the sort of stuff you want to get into the papers

 

-no agreement

-terminal cancer

-pensioner

-living on disability pension

-daughter having to care for her

-bank ignoring all requests for help

 

With the current feeling towards banks I don't think you'd have a problem getting it picked up, and you might find it gets sorted much more quickly than trying to fight them alone?

 

If that's not a possibility I'd probably bypass the cretins and start writing directly to the CEO. If enough emphasis is placed on her condition and how it makes the bank look (you could possibly hint at publicity here even if it's not remotely in the offing?), it may kick them up the bum. I'd also (if you haven't already) get a formal complaint in so that the FOS can get involved - harassing a terminally ill pensioner for money they can't prove she owes??? That's utterly disgusting.

 

 

 

Hi Lexis

 

I can't see that this would ever go to the Court stage, but what i can't make out my cousin put on the application form that she was a Nanny which she was at the time. The gave her a £15,000 credit limit?.

 

I did send both Halifax and Blair an a Harrassment Letter about doorstep callers and phonecalls, upto now the phone calls have stopped.

 

To date i've sent a CCA to Halifax and they returned a Application form.

Today i sent a CCA request to Blair, Oliver and Scott.

 

 

So were see what comes back from them.

 

 

Gaz

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Hi All

 

Right, got some paperwork from my Cousin on her account.

 

The following doc's are from Halifax and Blair,Oliver and Scott.

 

DEFAULT NOTICE

 

 

RitasDocuments0001a.gif

 

RitasDocuments0002.gif

 

 

LETTER IN REPLY TO MY CCA LETTER.

 

RitasDocuments0003.gif

 

RitasDocuments0004.gif

 

RitasDocuments0005.gif

 

 

COUPLE OF LETTERS FROM BLAIR

 

 

RitasDocuments0007.gif

 

RitasDocuments0006.gif

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hi,

 

well that's a double whammy.

 

duff agreement and an invalid default. Aw shucks to halifax. don't tell them about the bad default, let them terminate the account (if they ever do)

 

without the key terms on the agreement, I think it's unenforceable.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Fox

 

Yes, looks that way i did send them a letter yesterday they should of received it today. Telling Halifax there very naughty not sending an agreement and only an application form. That should rattle a few strings while i wait for there reply.

 

Gaz

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Hi Gaz

i agree it looks like an unenforceable application form to me with usual thing of enclosing a seperate unsigned document of some ts and cs implying that they are in same dicument by sending them togegther but not actually saying so! !;) Something that seen to happen a lot on these forums lately:rolleyes: Akso an alleged agreement taken out in 2001 very likely not enforceble and has proabably been shredded and that a microfilch copy:D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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That sounds terrible Gaz.

 

Having lost both my in-laws to cancer in 2007 and 2008, I know the last thing you need is further worry about anything - let alone something like this.

 

This is the sort of stuff you want to get into the papers

 

-no agreement

-terminal cancer

-pensioner

-living on disability pension

-daughter having to care for her

-bank ignoring all requests for help

 

With the current feeling towards banks I don't think you'd have a problem getting it picked up, and you might find it gets sorted much more quickly than trying to fight them alone?

 

If that's not a possibility I'd probably bypass the cretins and start writing directly to the CEO. If enough emphasis is placed on her condition and how it makes the bank look (you could possibly hint at publicity here even if it's not remotely in the offing?), it may kick them up the bum. I'd also (if you haven't already) get a formal complaint in so that the FOS can get involved - harassing a terminally ill pensioner for money they can't prove she owes??? That's utterly disgusting.

Like Lexis says the papers would have a field day of that one treating a sick woman just on a pension like this,if they got hold of the story especially with all the anti bank feeling going round.Disgusting behaviour of the Halifax:x


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi All

 

Sorry not been on for a while, just buried my dad so just getting over it.

 

Right as you know i'm trying to sort out my Cousin's troubles with Halifax.

 

The latest news is that they have farmed it out to another agent, that's wright agent i don't think they like being called dept collectors anymore as it gives them a bad name lol.

 

Halifax have farmed it out to a firm called IQOR Recovery Services Ltd, anybody hear of them. Anyway i asked for a copy of the original agreement and all they have sent me is a copy of the application NOT the agreement i asked for.

 

I have replied to that letter giving them all the guidelines in what the difference is between a Application Form and a Agreement.

So in all am waiting for a reply.

 

One more thing in my original letter i asked for notice of assignment and a few more bits, reply was we dont need to have these as we are only agents working for HBOS.

 

Gaz

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