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    • Fig. 5: Account Status Codes for Current Accounts Explained 0 Your account is in credit; your account is not overdrawn; you are managing your account within the terms of your agreement. 1 Agreed repayments are one to two months behind; your overdraft balance has been greater than your overdraft limit for one to two months; cheques, direct debits and standing orders may have been bounced to keep the account in order. 2 Agreed repayments are two to three months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a second month to keep the account in order. 3 Agreed repayments are three or more months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a third month to keep the account in order. 4-6 Agreed repayments are more than three months behind but you have agreed new repayments with the lender to bring the account in order. 8 Your overdraft balance has been greater than your overdraft limit for more than three months and you have not agreed new repayments to bring the account in order. The lender has decided that you have broken the terms of your agreement and has told you that your account is now in‘default’; the lender has closed your account. U Your account has just been opened; your account is more than three months old, has a zero balance and has not been used in the last month.
    • Para 4, ICO technical  guidance on the filing  of defaults at CRAs   4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 
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    • Even if a county court case is issued against you and you loose if you pay within 28 days it dont go on your credit file and also its cheaper to go to court becasue the £60 is never allowed so it would be £200 if you loose £230 if you dont go to court.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Halifax Charge Of £21.85 For Visit-LOL.


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Following Halifax terminating my account in the middle of the 14 day period to remedy my default notice and on receiving a demand from their IH collectors,Albion,I wrote to them pointing out the errors of their ways and that I know consider the account to have a zero balance.

 

This letter to me from Halifax crossed in the post...

 

Our records show that you still haven't brought your account up to date. Even if I had wanted to,you've terminated the account!

We have not been able to contact you about this.Well you've written and phoned,doesn't that count?

An agent may call at your home so that we can discuss your account.Look forward to a chat-I'll get the tea & biscuits ready.

This will result in a fee of £21.85 being taken from your account.Mmm-that's the tea & biscuits off the menu then and not sure as to how you're going to take money off a terminated account unless you really mean that you'll take it off . If that's the case then with a few more visits the non existing account will have a credit balance!Whilst I put the kettle on for tea I'll ask my 'visitor' to point out in the T & C's where this £21.85 is mentioned.

To prevent this from happening,please phone us on 0845 300 0580 within 30 days. Looks like I've got at least 30 days of peace then!!

If you cannot make full payment now, we will try to agree a payment arrangement with you.:) Yeah,right.

 

 

 

 

 

 

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Have you asked them how they plan to compensate you for an unlawful recission of contract ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Have you asked them how they plan to compensate you for an unlawful recission of contract ?

 

I sent my letter pointing out the error of their ways by Special Delivery which they signed for yesterday so I'm awaiting to read what convoluted response they come up with before referring to the unlawful recission.

 

Terminating midway through the time allowed to remedy the default notice would seem to be a new avenue of of idiocy that Halifax are subscribing to as I read a thread by Summerbreeze yesterday where they have done the same thing.

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  • 1 month later...

The journey continues...

 

After several lengthy phone calls and a visit from Power To Connect---[i wonder if they will send me the bill of £21.85 for this:lol:??]--- I might be getting somewhere.

 

I phoned ''Customer Care' or whatever it's mis-named...

 

'We haven't terminated the account'

 

'Oh yes you have'

 

'We haven't'

 

'I'll read the letter to you then...'

 

I read it to them..

 

Silence.

 

'I'll have to place this matter with 'X' and he'll write and explain..'

 

'And will he address the letter I sent by SD 5 weeks ago?'

 

'Yes'

 

Just had another phone call.

 

'Now you've had a chance to read our letters..'

 

'What letters?'

 

'Let me check.............................................Oh!'

 

'Apologies as we've sent the copies of the letters [that I requested to be sent by Recorded delivery to replace those that I haven't received]

to the wrong post code-we'll send them again.'

 

The conversation continued in a friendly frame and I suggested that Halifax would have less problems if all of their staff dealt with customers in a civil and professional manner to which he had no alternative but to agree. saying he had been on the receiving end some years ago.

 

 

I await the letters..

 

Will they address the issues....?

Will they admit their errors.....?

Will it just be the usual drivel...?

Am I an ex-customer in their eyes...?

 

To be continued....

~

 

But in the meantime, perhaps [with tongue firmly in cheek]..

 

.... an undercover member of CAG has infiltrated into employment with Halifax and even as I type is sat at their desk in a windowless room sending out as many ineffective default notices with follow up unlawful termination letters as is possible to do in each working day?:D ----and then at the end of their shift,goes home each evening with a smile on their face,the epitome of a contented worker,pleased with their day's toil!

 

~

 

PS. When querying the 'lost' letters,I asked them to send me copies by email ..

 

'We can't do that'

 

'Why?'

 

'It's not considered to be a secure method of communication'

 

'But posting out my private details and business in a letter to the incorrect address is?

 

'Mmm'

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Sounds like they have been taking lessons from A&L as they did the same to me and are still trashing my credit file 2 years on.

 

I had the account has been terminated but when the CAB phoned them they said that it was still open but they had restricted my access!

 

I went to the FOS and got compo off them but it didn't solve the problem.

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An envelope was popped through my letterbox by the postman today.

 

 

I picked it up and saw that it had been sent by Halifax----ah,at last.

 

I took it through to the dining room,placed it on the table while I went to make a cup of tea as I wanted to relax and savour the moment.

 

Tea made,I settled down into my chair,slit open the envelope and prepared to digest the long awaited response.

 

I took a sip of my tea and then unfolded the letter all the while trying to guess what it contained..would they agree that they had made serious errors with the default notice,would they be putting up a fight or would the writer have ignored my complaints entirely and filled the page with cut and pasted rubbish----this was exciting!

 

~

 

~

 

~

 

~

 

Alas the letter was not about any of these things......

 

~

 

~

it was my monthly statement from June of this year!!!!!!!!!!!

 

WTF!!

 

What are these people on?

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An envelope was popped through my letterbox by the postman today.

 

 

it was my monthly statement from June of this year!!!!!!!!!!!

 

WTF!!

 

What are these people on?

 

Hi there,

 

They wanted your tea and biscuits to go down as smooth as possible..:D

 

DD:cool:

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  • 2 months later...

UPDATE

 

All quiet-no letters,no calls just monthly statements on this closed account for Dec. and Jan. adding on the £21.85 for the visit and £12 late fee and interest of course.

 

Received February's statement today and have a sum under payments and credits equivalent to the charge they made for the visit and one late fee.

 

I haven't contacted them about the charges they have made which means that someone must be monitoring the account to make this ''voluntary'' refund--strange!

 

As this refund/credit was for 'unlawful' charges it's a pity they didn't complete the exercise by also refunding the interest that they have been charging on these sums over the past few months!

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  • 2 weeks later...

ANOTHER UPDATE

 

Albion appear to have given up and passed this on to Halifax's in house ''Professional Debt Collection Agency'' as today I received communication from Blair,Oliver and Scott requesting payment of ''the balance owed by you''

 

''Our client requires payment of the full balance outstanding as soon as possible''

 

I have two dates in mind for this------

 

1] The twelth of never,

 

2]The third Sunday after the second blue moon.

 

Can others advise how this crew normally proceed please?

Edited by middenmess
Wrong name inserted
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  • 3 weeks later...

Another update.

 

I wrote again at the beginning of the month copying in the acceptance of their unlawful termination and again inviting them to send me details of the arrears owing at that point [less possible damages for the recission of course]

 

Sent by Special Delivery and I requested a response within 14 days.

 

The response came today from Blair and whatsit....

 

Formal notice ..instructed to commence legal proceedings!

 

s4hc8b64jf.jpg

 

 

 

Is this a standard Threatogram or does it require me to contact them and ask them WTF?

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If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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It will be interesting to see if they send me one as I have ignored their letters.

 

In the meantime, my complaint has been escalated to a senior colleague within Customer Relations for a final review. Then had another letter on an AA Credit Card letter heading!

 

They just have not got a clue!

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If the future of our country lies in the hands of the Banking industry and if these tsosers are representative of that industry then without a doubt the country is doomed:(

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What a load of bull, before they can get a charging order you have to default on a ccj first funny how they do not mention that.

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Greetings middenmess,

 

Yes I took some time out of cag as my wife and dog needed me more, but im back with a vengeance lol

:-)

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Update to my post#11 above

 

I wrote again at the beginning of the month copying in the acceptance of their unlawful termination and again inviting them to send me details of the arrears owing at that point [less possible damages for the recission of course]

 

Sent by Special Delivery and I requested a response within 14 days.

 

Received letter of response today---waffled on and then usual 'sorry can't uphold your complaint as we have never terminated your account etc.etc'

 

Couldn't be arsed to write again so phoned up the writer and got connected to the waffle writing department immediately!

 

Helpful lady asked what seems to be the problem--so I read from from the letter of termination..''We have terminated your credit account''

 

''What do you understand that to mean?'' I inquired.

''Um..we terminated your account?''

''At last we agree then--can you sort it out then?''

''Not from this department but I will immediately escalate it to Senior Management [of waffle,bluster and bullsiht I expect] which will be our final [as in final,final,final] response before referring it onto the Ombudsman.

 

So should receive a letter in a month or three with any luck.

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Well I have not sent the recission letter as yet .. maybe I should do so.

 

I am only bothered about my overdraft with Hx [ as they have lost my CCA and application form for my CC ]

 

Not sure if unlawful recission works for an overdraft as it must all be arrears anyway?? Please correct me if wrong on that .

 

But they still terminated the overdraft account before the remedy date on the DN so not sure if they can proceed further legally......?

 

I would like to write to them about the OD as they are piling on the charges but not quite sure what to say ...any ideas?

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Subbing, this seems to be common practice with Haliprats sending default notices and terminating prior to remedy date, they did the same to me on an overdraft and also on a credit card.

 

Any further updates on this, Middenmess, Summerbreeze?

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  • 2 weeks later...
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