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LMD75 versus Halifax Current Account

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I have a £3K overdraft with Halifax and want to close my account due to the new overdraft charges.

 

What would happen if you send them a letter stating that I do NOT accept their new t&c's and wish to close the account with an o/d present? Will they simply close it and just send you a £3k bill? Also I will be out of a job shortly and the most I can afford to pay them is £10 per month.

 

I was going to send them this (cut down version of the great 'bookworm' template and excellent 'bigyeti' edit)..

 

Dear Sir/Madam,

 

NON-ACCEPTANCE OF CHANGES TO TERMS AND CONDITIONS OF CURRENT ACCOUNTS

 

I refer to your recent letter/leaflet, in which you informed me that my regular overdraft would be subject to a £1 per day charge from December 2009.

 

I wish to state my refusal of these unilaterally imposed terms, which I am entitled to do in accordance with your terms & conditions, and wish to close my accounts above.

 

I do not accept the proposed charges and any attempt to levy the £1 per day overdraft charge without my explicit consent in writing will be reported to the FSA.

 

Yours faithfully,

 

 

Then when they ask for the overdraft back in full, I was going to send something like this..

 

 

My circumstances have changed for the worse and I am no longer able to sustain such a high amount from my limited income.

 

Although this is not a high priority debt, as a gesture of goodwill, I am prepared to make to the following payment of £10 on a regular monthly basis for 12 months.

 

I respectfully ask you to assist me during this time of need by effectively refraining from adding interest or any other charges that might increase the outstanding balance.

 

Should my circumstances change, I will contact you soonest.

 

I am not prepared to enter into any other form of communication, bar written ones, during this period.

 

I will consider it unnecessary harassment should you resort to other means and will seek advice from the relevant authorities, should you do so.

 

I thank you for your assistance and understanding.

 

Yours faithfully

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I don't see a problem with letter 1 but if you know at this stage that you intend to follow up with letter 2 and they realise this then I suspect they will find some way to retaliate (not sure what though), but i'm sure they will not simply buckle down to your proposed terms.

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Thanks Coactum - I have sent off letter one via recorded.

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I am now living oveseas in another EU country. I did receive a response to my letter stating that I do NOT agree to their new t&c's and wish to close my accounts.

 

They replied with "pay off the ovedraft or the account will remain open."

 

I do not have any money to pay them as I am not working, looking after a my baby and studying part time.

 

I am just thinking of returning all UK mail to the Senders stating 'No longer at this address' or should I follow up with 'Not living in UK anymore, have no job, here is £1 a month..'?

 

Many thanks.

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Please can anyone help me out here.

Edited by lmd75
Updated incorrect thread

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This might be a bit of correction to ensure you atre not telling a downright lie but I'd suggest something like this:

 

Dear Sirs,

 

As you are well aware I am unable to repay the overdraft which you state is a prerequisite to closing my account. My finances are in a dire state at the moment and in order to continue my education whilst providing a secure environment for my child I have taken a live in post abroad. This role does not pay but does provide food and shelter in return for my labour and allows me to continue my studies. As such I have no realisable assets and no disposable income to meet your request. I am confident that at some future date this situation will change but in the meantime the accumulation of £1 daily charges will merely aggravate the situation and render repayment all the more difficult.

 

I am sure that I need not remind you, a bank, that from time to time we all need a helping hand. I am not asking for a hand out such as the banks received last year but I do need a helping hand to help me through these difficult times and urge to you find a viable alternative that is in our mutual interest.

 

Yours faithfully

 

Imd75

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Thanks Coactum - I also have an unenforceable credit card agreement with this lender who have sent doorstep reps around to my UK address in my absence. Is is not advisable to give them my new overseas address. I was thinking of returning all UK mail and just sending them that letter you just posted from overseas omiting my new address.

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I guess you could change my letter to say "I'm currently travelling with the circus across Europe and so have no fixed abode" but joking aside if you fail to give them an address they will take action against you at your last known address. However, if you live abroad then the UK court will not have jurisdiction and they would need to raise action against you where you are domicile. So, letting them know your address can only be to your benefit.

Edited by Coactum
correction, missing word

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Ok. So I should arrange for all my UK mail to be forwarded on to my overseas address then write to every lender /dca and tell them my situation via recorded delivery and give them my address. This way NO CCJ can be issued as I am not a UK resident? Correct?

 

I have been out of the country since 20 Dec 09 and have a stack load of mail for me. I just hope no CCJ has been issued during this time. Just before I left the first batch of DCA letters started to arrive (in which I ignored).

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I would not bother sending the DCA recorded delivery but I would send letters to lenders via recorded delivery. I'd just tell the DCA to refer to their client because I see no reason why you would want to make their job any easier. If a DCA commenced action they have to do so on their clients instruction. If you advised them of your whereabouts then any action taken could be rejected or later overturned.

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