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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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unjust charges


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Hi Joox,

 

I have had the same problem. I never wanted a bloody overdraft. I don't want to spend more than what I have. I could swear that the rules they have now weren't there a few years ago. I too believed that if I didn't have enough money in my account, then a transaction should be declined. But apparently, because their reporting on the account is utter **** (excuse my french), they allow transactions to go through when you have no (or not enough) money in your account. To boot, they also go on and on about how internet banking makes your life easier, yet their advice to me was not to use internet banking, but to go to a cash machine and get myself a mini statement. I know, how convenient :|. Well, it got me into a pretty crap situation a few months back, thinking I had so much money, going to London clubbing and finding the next day I didn't have enough money to get the train back. Now I have an overdraft and it's made the whole internet banking thing even more complicated. It is a very sophisticated way to get even you and I, who do not need or want to borrow.

 

My mum is with RBS and she says that it shows all her pending transactions. Really, how hard can it be.

 

Also, they will just tell you to send them a letter if you speak to them on the phone and when I had a meeting with the bank they basically told me to go stuff myself and said they follow a strict policy and I should have read the T&C's. I am no expert though, just telling you my experience.

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  • 4 weeks later...
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Hi Joox,

 

Did you get anywhere with this?

 

My son is in a similar position with his account, he is being charged £28 for an unauthorized overdraft for a similarly small amount - even though he didn't want one, in fact was told that any transactions would be declined.

 

General question to anyone:-

He is a student with no income and doesn't really use the account for anything do DD or SO so would be no hardship to close/dump the account.

 

What would be the best course of action, pay off the actual overdraft amount and tell them to stick it?

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I had the same problem.

 

Rang the call centre and just got the usual rubbish 'computer says nooooo'. They were usless!

 

I got the number of my local branch and arrnaged to go in and see them. First of all they tried to say I had gone OD and therefore had to opay them. Mine was 3x£35 for 3x£14 DD!!! Gave them grief and also said it was a bit rich coming from a bank that I probably owned more of than they did and they couildnt handle their own finances anyway! :)

 

They eventually backed down and refunded all 3 charges.

 

I am going to SAR them anyway and get back the previous 6 years as they have royalling hacked me off!

 

So go direct to your branch, the call centre monkeys just read from a script and will basically refuse you.

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I had the same problem.

 

Rang the call centre and just got the usual rubbish 'computer says nooooo'. They were usless!

 

I got the number of my local branch and arrnaged to go in and see them. First of all they tried to say I had gone OD and therefore had to opay them. Mine was 3x£35 for 3x£14 DD!!! Gave them grief and also said it was a bit rich coming from a bank that I probably owned more of than they did and they couildnt handle their own finances anyway! :)

 

They eventually backed down and refunded all 3 charges.

 

I am going to SAR them anyway and get back the previous 6 years as they have royalling hacked me off!

 

So go direct to your branch, the call centre monkeys just read from a script and will basically refuse you.

 

what reason did you give them for getting your money back?

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Just basically argued my case with the rep that £35 for a £15 DD when overdrawn was taking the mickey, especially as they were charging interest on top as well.

 

I also said that would move my accounts if they didnt do something about it.

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this is the letter i will be sending and pleasse let me know if i neeed to change/add anything

 

Dear Sir or Madam,

Account number: account number

I am writing to request that you repay all the overdraft fees and interest charges that have been applied to my account since 1st October 2009. I do not believe these charges reflect the true cost to Halifax of going into unauthorised overdraft.

 

The charges total £350.00 I believe I have been and will be unlawfully deprived of the money and therefore ask that you repay the full amounts already deducted and stop any further charges being applied in December. Please find a full schedule of the charges with this document.

My partner and I have been with Halifax for more than 10 years and have a total of 3 current accounts. When this account was opened we did not ask for a overdraft facility and therefore expect payments to be declined if there are no funds available. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

I hope that you will enter into a sincere dialogue with me about this matter andlook forward for a full response to this letter within 14 days.

 

Yours faithfully,

signature

name

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this is the letter i will be sending and pleasse let me know if i neeed to change/add anything

 

Dear Sir or Madam,

 

Account number: account number

 

I am writing to request that you repay all the overdraft fees and interest charges that have been applied to my account since 1st October 2009. I do not believe these charges reflect the true cost to Halifax of going into unauthorised overdraft.

 

The charges total £350.00 I believe I have been and will be unlawfully deprived of the money and therefore ask that you repay the full amounts already deducted and stop any further charges being applied in December. Please find a full schedule of the charges with this document.

 

My partner and I have been with Halifax for more than 10 years and have a total of 3 current accounts. When this account was opened we did not ask for a overdraft facility and therefore expect payments to be declined if there are no funds available. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

I hope that you will enter into a sincere dialogue with me about this matter andlook forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

signature

 

name

 

Hold your horses. Now that the Supreme Court verdict is in, this letter wont cut any ice at all. Whether the charges reflect the true cost is neither here nor there anymore as the Supreme Court found that the charges were part of an overall package of remuneration for the banks in respect of the services that they provide.

 

That said, with the help of a leading QC, the legal argument is being ammended. This should come out on this forum in the next couple of weeks (however, that is hearsay and not a definite date). Put your claim on hold and use the new templates when they come out. All of the big consumer campaigners are behind this move.

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

BTW, I love this - a brilliant back handed dig at Halifax/HBOS and their total incompetence.

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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they are due to take out monies on 7, 8, 9th december. as i want to get things moving i will take out the paert you have mentioned and send off today or monday morning.

 

it will read

 

 

 

Dear Sir or Madam,

Account number: account number

I am writing to request that you repay all the overdraft fees and interest charges that have been applied to my account since 1st October 2009. I do not believe these charges fair.

My partner and I have been with Halifax for more than 10 years and have a total of 3 current accounts. When this account was opened we did not ask for a overdraft facility and therefore expect payments to be declined if there are no funds available.

The charges total £350.00 and therefore ask that you repay the full amounts already deducted and stop any further charges being applied in December. Please find a full schedule of the charges with this document.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

I hope that you will enter into a sincere dialogue with me about this matter andlook forward for a full response to this letter within 14 days.

 

Yours faithfully,

signature

name

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  • 2 weeks later...

Hi, joox.

 

We are waiting for new Pocs to be drawn up so you can start to re-claim the charges.

 

Have a look at this 'link'...................

 

The Consumer Forums - Announcements in Forum : Welcome to the Consumer Forums

 

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 maroondevo52.

 

i have just realized that my account is now -£180 and they will be charging me £5 a day unauthorized OD.

 

what can i do???????????????????

Edited by joox
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i will be going to the nearest branch tomorrow and having a go at anyone

 

those (Edit)

 

does this effect my credit score?

Edited by maroondevo52
Removed unsuitable wording
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Hi,

 

Have a word with them, tell them you are disputing the charges and you have sent them a letter detailing this, see what they say, not sure there's much more you can do, until you can file a claim.

 

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 have recived a reply from halifx today saying we are sorry you ar making an complaint blah blah blah and that the matter will be investigated and it will take upto 4 weeks !!!

i will be going to a halifax in about an hour's time and the situation as it stands is that i will be again cgarhed something like £150 bu the end of the month so even if i clear this -£180 now they charge me another £150 at the end of the month :-o

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How did you get on, joox ?

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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Sound, let us know how you get on.

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 went toa branch today as i could not go to my own branch. i met one of the advisor and explained the situation that im not happy about the charges and etc. he looked into my account and informed me since i have filed a complaint, nothing else can be done and i have to wait for the proceedure to take its course. as the letter mentioned it could take up to 4 weeks.

i am now £-180 in my account and he told me to pay this money off so the charges don't escalate.

 

any thoughts on what i should do as i refused to clear the debt at the time and told them its not my fault that i am £-180 over drawn.

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This is unfortunately how things are at the moment.We have evidence that even the FOS now appear to be upholding complaints in the banks favour by saying the OFT lost the case and so they cannot assist with refunds of unauthorised overdraft charges.

The exception would be if it can be shown that the bank made an error,or where the charges are likely to cause financial hardship.

These areas are still clauses within the Banking Code.

They KNOW that they have 8 weeks to look into your complaint and as always know they can drag things out and be within the rules-the only consolation being that since the waiver has ended then they cannot take longer than this.

If you can put together evidence of financial difficulties,I would go down this route since they have less of an escape route.

Fill out an income and exp sheet and get it into your branch-ask for a receipt for it.

Unfortunately until we are in a better position to offer more specific info pending the new strategy which is being worked out,theres little else that can be done.Keep us posted though.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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This is unfortunately how things are at the moment.We have evidence that even the FOS now appear to be upholding complaints in the banks favour by saying the OFT lost the case and so they cannot assist with refunds of unauthorised overdraft charges.

The exception would be if it can be shown that the bank made an error,or where the charges are likely to cause financial hardship.

These areas are still clauses within the Banking Code.

They KNOW that they have 8 weeks to look into your complaint and as always know they can drag things out and be within the rules-the only consolation being that since the waiver has ended then they cannot take longer than this.

If you can put together evidence of financial difficulties,I would go down this route since they have less of an escape route.

Fill out an income and exp sheet and get it into your branch-ask for a receipt for it.

Unfortunately until we are in a better position to offer more specific info pending the new strategy which is being worked out,theres little else that can be done.Keep us posted though.

 

cheers. what do i do about my current balance? do i clear the debt or let it roll ?

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They have got you over a barrel.Only you can decide whats best to do,top and bottom is that if you let it roll it just incurs more charges,whilst paying it off is going to leave you 180 quid out of pocket with nothing to show for it.

Nothing to lose by going in again and saying look-its Christmas and you are asking me for £350.I am prepared to clear off the £180 but it leaves me in some financial difficulty-here is an income and expenditure sheet,which I ask you to look at and consider your obligations under the banking codes to treat my situation sympathetically,given that I have now drawn your attention to it.

Of course they may say that they cant do anything inside 8 weeks-remind them that it does not take them 8 weeks to take your £350 and that you will regard their further taking of charges at the end of the month as a breach of the BB code.

No harm in trying.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

i cleared the £180 charges and t has been more than 4 weeks since i wrote to them. in their letter it stated i will receive a reply within 4 weeks.

 

do i chase them up and and send a reminder letter?

 

also as my account was under i am expecting another £150 approx in charges to be added to the account end of the month which will again bring my balance to -£150 or whatever. i have since taken all my money out on this account and refuse to pay anymore money to this account even if it takes me over drawn.

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