Feelingdownandout Vs Halifax

[Feelingdownandout]

hello all, I am reading this thread and could so with some help and advice on Blair Oliver and Scott,

 

I am paying them £100 per month direct from my bank card (they have my card details)

which is an agreement to pay off my 2 credit cards with Halifax.

 

I owe £1590 on one and £324 on another.

 

I called them yesterday as I received a statement from halifax and was concerned about it,

at that point they started ranting about reviewing my account,

 

I had to pay more money per month, the chap on the other end of the phone

said he would be in deep trouble if he didnt tell me that it needed reviewing.

 

Then he threatened to take me to court for non payment of my minimum payment,

which is utter trot as I have not missed one payment since I set the agreement up a year ago.

 

All this because I called about a statement I received.

 

I am worried and very concerned about all of this

 

- can anyone help me please?

[wish me well]

hello all, I am reading this thread and could so with some help and advice on Blair Oliver and Scott, I am paying them £100 per month direct from my bank card (they have my card details) which is an agreement to pay off my 2 credit cards with Halifax. I owe £1590 on one and £324 on another. I called them yesterday as I received a statement from halifax and was concerned about it, at that point they started ranting about reviewing my account, I had to pay more money per month, the chap on the other end of the phone said he would be in deep trouble if he didnt tell me that it needed reviewing. Then he threatened to take me to court for non payment of my minimum payment, which is utter trot as I have not missed one payment since I set the agreement up a year ago. All this because I called about a statement I received. I am worried and very concerned about all of this - can anyone help me please?

 

Ok dont panic, that donkey is talking out of his a**e

 

can you give me details on who you set up the payment plan with in the first place?

 

KWS, WMW

[Feelingdownandout]

Hello and thank you for reading my post

 

I set the arrangement up direct with Blair Oliver & Scott after a few threatenting letter came in the letterbox. Put the fear of god into me. Have to admit the plans have been running 12 months now.

x:cry:

[wish me well]

By law the creditor needs to send you a statement of account at least every 6 months so that could explain why you got one.

 

Is that the outstanding balance now or was that from a year ago?

 

I think that its 2.5% of the balance outstanding which would be the min payment per month so on the 342 bal it would be approx just under £10 per month and the £1,5?? it would be approx £55 ish so you are paying more than you need to.

 

Theres your argument to any other numpty that tries to get you to pay more than you can afford

 

kindest wishes sent

 

wish me well

[wish me well]

Just out of interest when did you take out theses cards and have you done a CCA request on them?

[Feelingdownandout]

I took them in Sept 2004 (approx) and no I dont, not sure if It would open a can of worms. and not entirely sure how either to be honest.

[wish me well]

Well it is straight forward and really as long as you are paying there wouldnt be any can of worms to open but if you are able to continue paying that amount then I would.

 

Are the balances you quoted from a year ago or are they the balances now? like I said they are getting more than the contractural min payments per month so just continue as you are and dont worry about it.

 

Do not make any further arrangements with them stick to what you can afford.

 

KWS, WMW

[Feelingdownandout]

The balances are up to date. and what about them demanding that I increase my payments and fill out and I&E Form? I feel like I am on the back foot?

 

how to I ask for a CCA?

[wish me well]

Right they are on the back foot not you so please dont worry about the fact that you will not fill another form in for them. You have agreed what you can afford and your circumstances have not allowed you to increase.

 

Anyway they are getting more than they would have got under the agreement so you could prove to any court (please dont panic its just an example) that you have stuck to your word and paid what you can afford.

 

A CCA request letter and £1.00 third party cheque or postal order but you dont sign ANY THING

 

Why do you want to do that? are you struggling to pay? you see I couldnt afford to pay anything but I ignored the lot until court papers at least you are ontop of the situation at the min

 

Ooh and by the way they withdrew their claim against me and the amount was treble yours and a little bit more

[wish me well]

I have to go off in about 10 mins my monkeys will be back from school but I will be back on later on tonight, if you want any help just post up.

 

If you want a template CCA request just let me know, I am not suggesting you stop paying but at least you will have all the info you may need in the future.

[Feelingdownandout]

at least if I have the template its a start, I could ask for it and if they dont provide it do I have a case to stop paying it? I am not flush dont get me wrong, with 4 kids and a stupid mortgage its not going to get any easier. just feeling crap about the whole situation.

[wish me well]

Ok if you want to look at things this way and try and force their arm then maybe it would be an idea to start a thread.

 

I dont mind at all you using mine but it normally is recommended.

 

Me too I have 4 monkeys and a mortgage that is so far in arrears I feel quite sick but hey ho,

 

I will post up the template that I personally have used, you can edit it to suit and get the ball rolling.

 

If they do not comply within the 12 + 30 days then yes you are well within your rights to stop paying until they produced what has been asked for.

 

I wouldnt recommend you just stop paying because you feel like it but if you really are struggling then you may aswell give the CCA route a go. KWS WMW

[The Mould]

The balances are up to date. and what about them demanding that I increase my payments and fill out and I&E Form? I feel like I am on the back foot?

 

how to I ask for a CCA?

 

Hello there Feelingdownandout,

 

Can you post up that agreement you have with them please.

 

Kind Regards

 

The Mould

 

PS. Don't fear them, you are on CAG now, you will be well looked after by us

[wish me well]

ooooh Mouldy's here, yea!!!!

 

howdy there partner:D

[The Mould]

ooooh Mouldy's here, yea!!!!

 

howdy there partner:D

 

 

Good'ay Sheala, no worries mate, do you like water sport?

 

What's you favourite colour, Blue?

 

Crocodile Dundee comming at ya Halifax, get ready to be left in the outback, rotting under that burning light.

 

Feelingdownandout? you won't be for long good friend.

 

Kind Regards

 

The Mould

Edited June 9, 2010 by The Mould
Punctuation

[wish me well]

Ok I will post the CCA request up later if thats ok I have to go do some food

 

KWS, WMW

[wish me well]

Ok cancel that its here:

 

by the way I got harrassed ALOT on the phone so just delete if not required

 

 

Dear Credit Account Management

 

Reference Number Request made under The Consumer Credit Act 1974

 

I require you to produce a compliant copy of my alleged credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the office of fair trading to consider your suitability to hold a credit licence in addition to a complaint to trading standards as you will be in breach of the administration of justice act 1970 section 40.

 

In the event that you comply with this request and the alleged agreement is non compliant I draw to your attention the authority of the house of lords in Wilson v FCT (2003) ALL ER (D) 187 (jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the oft guidelines, I draw your attention to the office of fair tradings guidance on debt collection.

 

The oft guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the oft considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payments.

 

Please also note it is not acceptable for your company or any other company that you instruct to contact me by telephone AT ALL ON ANY OF THE TELEPHONE NUMBERS YOU MAY CURRENTLY HAVE ON FILE. Any further correspondence must be done by letter, if this is not adhered to I will make a formal complaint to the Office of Fair Trading. To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

 

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

 

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to myself at my work, home or on my mobile may also constitute an offence under the Data Protection Act. Communicate in writing and ONLY IN

WRITING . Your telephone calls will not be answered.

 

Your telephone calls will be in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards. I trust I have made myself understood on this matter.

 

 

This does of course not alter the fact or present any intimation by myself that such contract exists and I withdraw any consent you may inadvertently add or think you may have had to have access to any of my personal data under the rights of The Data Protection Act.

This communication has been sent recorded delivery so I can ensure compliance on these issues within the legislative timeframes and provide proof if required in court that I have informed you of the issues to date.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please be advised I do not legally need to confirm this for you to comply within the timescale given as the above address is the one which you normally use to communicate my private business and which you have hitherto found to be acceptable.

 

I enclose the £1.00 fee by way of a third party cheque as required for you to process this request, specifically for the CCA, this is not to be credited to any account. If you are unable to provide what I have requested I require you to pass this letter and payment onto the appropriate department or company for this to be responded to as per Section 175 of the Consumer Credit Act 1974. I respectfully request you comply with this request within the timeframe which is 12 days.

 

Yours faithfully

Edited June 10, 2010 by wish me well

[Feelingdownandout]

Hello The Mould

 

I only have a letter saying that they accept my offer to pay at £60 per month and £40 respectively, I dont have anything else, not sure how I post up the agreement to you? I have never denied owing the money, because I do, wished I didnt get into this mess but I have and feeling the pain for it now, especially when they threaten to take me to court for non payment and I have never missed a payment. hence why I am feeling down and out.

[The Mould]

Hello The Mould

 

I only have a letter saying that they accept my offer to pay at £60 per month and £40 respectively, I dont have anything else, not sure how I post up the agreement to you? I have never denied owing the money, because I do, wished I didnt get into this mess but I have and feeling the pain for it now, especially when they threaten to take me to court for non payment and I have never missed a payment. hence why I am feeling down and out.

 

 

I understand perfectly well how you feel.

 

Can you please post up that letter word for word leaving out your personal details?

 

Kind Regards

 

 

The Mould

 

 

PS. Watson, nice work again

[Feelingdownandout]

Help someone please.

 

I am paying these people £100 per month for 2 credit cards which I had from the Halifax.

 

I currently owe £1500 and £324 respectively.

 

They have my bank card details as this is how they take the monthly payments.

 

I have been paying them for 12 months now, i have never missed a payment to them.

 

I received a statement from the halifax this week which attached a giro slip to pay £1500,

I called BOS about this as I was worried and to my horror I wished I hadnt.

 

The guy I spoke to said that my account was being reviewed and that I had to increase my payments, or else fill in an I&E Form.

 

To top it off he made some comments about looking into my bank account to see what money I had,

and said they would take me to court for non payment of minimum payments as agreed with them!

 

I have never missed a payment.

 

All I did was call to day that I had received this letter and what do I do?

 

He proceeded to say that he had to tell me that my account was being reviewed

otherwise he would get into deep trouble (they were his exact words).

 

I have not asked for a CCA, I owe the money and am happy to pay it back,

wished I had never got into this mess to start with but no point in looking back.

 

Just not sure how to handle moving forward.

 

I took these accounts out in Sept 2004, would love to get the debt written off

but doubt that Halifax would put themselves in position of have unenforceable CCA.

 

I know that I have never signed one thats for sure.

 

If anyone can assist I would be gratefull.

[dundeelaw]

First of all, Blair Oliver and Scott are Halifax Bank of Scotland. They are the in-house Debt collection department.

 

If your card details are for a different bank, then don't worry as they need your permission to take out more than you have asked them to take out.

 

If the account you use to pay them is a Bank of Scotland Account, then they can off-set the balances to pay off your debt.

 

If you really cannot afford to pay more, fill out their Income and Expenditure Report or contact CCCS or Payplan who offer FREE Debt Management Plans. It is worthwhile looking into. If you contact them, HBOS will know you are taking the repayments seriously.

 

If they try and take you to court, tell them that you will ask the court for a Time to Pay Order which could mean that you may be asked to pay less per month by the court and it would be on the remaining balance. No interest or charges would be allowed to be added to that balance.

 

Why not try and seek the Credit Card Agreements. Banks do not normally keep agreements that long as it takes up too much space. It would only cost you £1 for both Agreements since they are with the same lender.

 

There are plenty of template letters on here that can come in useful. I am sure the other caggers will point you in the right direction.

 

Good Luck.

[Blondie40]

Feelingdownandout

 

If you are paying £100 a month, and the amounts you owe are £1500 and £324, are you not paying the minimum amount per month anyway?

 

B40

[royalscot]

Feelingdownandout

 

If you are paying £100 a month, and the amounts you owe are £1500 and £324, are you not paying the minimum amount per month anyway?

 

B40

 

I would think so and possibly more

 

rs

[Feelingdownandout]

the thing is that they are going to start applying pressure to me to pay more. what happens if I dont fill out the I&E form? can they force me to increase my payments to them?

[wish me well]

lets just say its 3% min payment per month per balance

 

£1500 = £45

 

£324 = £9.72

 

45 + 9.72 = £54.72 errrrr no where near £100 per month so there is your arguement to not increasing and starting to question CCA's etc

 

KWS WMW