HBOS claimform - 0ld credit Card DEbt

[ejleigh68]

Subbing with intrest have just sent off my acknowledgement to Northampton for a vitually identical CC agreement to this, Citizen B many thanks in adavnce have plagerised your excellent letter we will see if they crawl back from under their rock. Speaking to the bulk centre in Northampton apparently there are lots of cases ongoing so it looks like Halifax has a cash flow problem...

Edited February 1, 2010 by ejleigh68

[plshelp!]

Hi All, seems there are problems at Halifax and BOS.

They are up to their usual tricks with my partner again. She decided to try and reduce the overdraft in line with their requests obviously we are running very close to the limit at the moment.

The arranged payment date is the 20th on the 21st she tranfered all monies available out of account. They had not taken the arranged payment again . Then on the 27th another credit was made direct into the account so she tranferred all of it out again on the 3rd Feb. Halifax then decided to add charges but they would put her over the limit, so they back dated these to the 30th Jan, this then shows the transfer putting her over the agreed limit. Its very obvious that this has been done as they would not allow her to transfer funds over her agreed overdraft limit.

They have now sent 4 letters including a default letter, the first two dated the 8th, recieved on the 9th, stating to 'please pay this missed payment now' if you do not we may issue a default. The next day 10th recieve the default notice giving her to the 10th March to pay . Then a letter reveived onthe 11th stating payment plan has been cancelled pay full balance in 7 days !

 

What should we do with this ? Any ideas much appreciated.

[citizenB]

By taking money from your account, they are satisfying the default notice issue and this allows them to issue another default notice. Each time they issue one of these, there is a danger they get it right

 

IMHO, I would be setting up a parachute account with another bank/building society, then get any payments made electronically into the account , transferred to the new account.

 

Once you have that done, then Halifax will probably stop messing around.

[plshelp!]

Halifax never cease to amaze. We actually got a response to our complaint regarding their actions with the account, I was just working through the response and realised they had corrected the previous errors on the account.

 

The transactions in February that show back dated charges have been deleted. In their letter they agree to pay into the account £90, this was not done instead they have deleted the historical transactions this cannot be right. We have paper statements that do not agree with the bank account. Can they do this ?

[citizenB]

 

 

Hi plsehelp. responding to your pm.

 

TBH, I dont understand your question ?

 

Why are you still banking with Halifax, have you not started a parachute account ?

 

If you do that and get all your monies paid into the new account, then you can write to Halifax and make an arrangement to clear the overdraft. They wont be able to take monies on a whim.

 

As regards the £90.00, if they agreed in writing to paying that into the account and havent done so then, you must write to them asking why.

 

If you have paper statements that contradict the bank's account of things, then you must point that out to them as well.

 

What is the situation with the court claim ? Have you contacted Northampton and asked them if the stay is still in place ?

[plshelp!]

Thanks for responding Citizen B, we have set up a parachute account and have not banked with Halifax since December.

 

The complaint letter that I refer to had to be sent recorded delivery on 12th February 2010, this did not work. It was then faxed on six occasions and I then e-mailed it, they decided to respond to the e-mail on the 21st April 2010.

 

The complaint covered the whole relationship with them and offered a payment backed up with all I/E details. They firstly decided to ignore this and issued a default notice instead. Then a response was received from HBOS saying they would accept an informal agreement, it cant be formal as its not 33% of the monthly payment????? In the meantime another default was issued. Its an overdraft what monthly payment.

 

The complaint covered issues back in Feb where they backdated bank charges, prior to a withdrawl to make it look like we put the account over its limit. In April they have decided to ammend by deleting the transactions and removing any interest charged, but changing historical transactions not crediting the account.

 

We have the bank statements for Jan/Feb in paper form but if I check on line these do not agree as they have deleted the tranactions. Therefore the statements for Feb, March and April are all incorrect.

 

They dont seem to want to discuss payments or a plan to repay, unless its on their terms. I am asking the question because this practice cannot be correct from a bank, it is more of a warning to anyone else getting into trouble with Halifax.

[plshelp!]

Another response, includes this paragraph :

 

'I can confirm that the refund promised in my previous letter has been applied and I have enclosed a print from your account to confirm this. I appreciate that you cannot see these credits, however, they were applied to your account on 21st April and back dated to the date of the charges. We apply credits in this matter so the run of the account shows that these transactions did not happen and I am sorry if this is misleading. I hope my explanation is acceptable to you and you understand my reasons for declining part of your complaint.'

 

I dont need to add to that statement, that is word for word as letter. Their financial year obviously springs to mind as they are adjusting figures and audit trails, am i wrong in thinking that this breaks basic accounting rules

[citizenB]

Another response, includes this paragraph :

 

'I can confirm that the refund promised in my previous letter has been applied and I have enclosed a print from your account to confirm this. I appreciate that you cannot see these credits, however, they were applied to your account on 21st April and back dated to the date of the charges. We apply credits in this matter so the run of the account shows that these transactions did not happen and I am sorry if this is misleading. I hope my explanation is acceptable to you and you understand my reasons for declining part of your complaint.'

 

I dont need to add to that statement, that is word for word as letter. Their financial year obviously springs to mind as they are adjusting figures and audit trails, am i wrong in thinking that this breaks basic accounting rules

 

I think I understand what they are saying.. they have gone into your account and removed the charges as though they had never been applied. rather than applying a credit to the most current statement. I imagine that doing it the way they have means the system recalculates itself to the current time, so any interest being applied during the time the charges were there will also be reduced/removed.

 

Does that help you understand.

[plshelp!]

That makes sense with the interest but why dont they just say that rather than the confused statement above! 'The Albion' are on the case now, joy !

[citizenB]

That makes sense with the interest but why dont they just say that rather than the confused statement above! 'The Albion' are on the case now, joy !

 

Sadly, that is what banks do.. confuse things

[plshelp!]

This has now been passed to Iqor and the preston call center. I have tried writing by fax and have told them to stop calling my mobile as it is not even registered to the person they are chasing and my partner has told them to delete all other numbers.

 

We have also written to Halifax, Subject Access Request, registered and in that letter it states we will not deal with them or any representatives on telephone, this has been recieved and signed for. It is since this letter that the problems with Iqor have started. Anyone had any luck stopping this company ?

[citizenB]

plsehelp, why are IQOR contacting you. This is subject to a county court claim isnt it?

 

In which case you should write to IQOR advising that this account is subject to a county court claim give them the claim number. Tell them if the continue to contact you then you will advise the court of their attempts to intimidate.

Edited July 1, 2010 by citizenB

[plshelp!]

Sorry if I have confused matters Citizen B. The credit card is subject to the CCC. The normal bank account and loan were not. My partner used to do all her banking through them, for over 20 years.

 

Its when things started getting tight that they showed their true colours but I suppose there was the credit crunch which of course was not the banks fault at all !

 

I mentioned previously after we defended the credit card they then made things very difficult with her bank account and have continued to do so. They refuse to accept payment offers and messed about with the charges.

 

Its the overdraft and loan I guess has been passed to Iqor, we have refused to speak to them. They have got my mobile from somewhere, we are not married and they did not have my details, just the tactics **** like these use I guess.

 

We have sent letters instructing the removal of numbers and complaints to both Halifax and Iqor. Iqor have not written to us at all and will not identify themselves when calling. The ridiculous thing is, when I called the number back and ask what company is this and they answer Iqor. So why hide in the first place !

[citizenB]

If your mobile number is not a contact number for your partner, then you are within your rights to request them remove it from their data base. If they dont, then I would think a complaint to the OFT might help.. The OFT wont actually do anything for an individual (ie you) but you can inform IQOR that you have made this complaint it might make them rethink their contact strategy.

[plshelp!]

We have manged to stop the calls for now to my phone still getting between 4-6 on my partners phone, they keep swopping around at the moment between Halifax ,Albion, Iqor and now Fairfax solicitors.

 

We did a right of subject access to information request but they have failed to respond apart from passing details to the other companies.

 

We have written to all the companies, although albion are Halifax, stating we are awaiting a response from the Halifax until received we will not enter any further communication. Is there any further action we can take???? as I know Fairfax like to CCJ and tend to ignore correspondence.

[citizenB]

If the debt has nothing to do with you, then you should write to who ever is using your mobile number and demand they cease using your contact details.

 

If your mobile is a contract phone then I imagine they would be able to get the number fairly easily. But that doesnt give them the right to telephone or contact other members of your partners family or friends.

 

The only thing I can suggest you do is have your partner write and say that all contact is to be kept in writing. It is your legal right to communicate in this manner.

 

It also protects you in the event of litigation, which I suspect the likes of IQOR are already suggesting may happen. Advise that they return the account to Halifax for resolution of any dispute.