Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Feelingdownandout Vs Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2876 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 442
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

And that is absolutely your choice, but don't let them bully you into paying what you cannot afford.

 

Paying what you owe and paying just their interest are two different things IMO!

 

Just post up anything you are stuck with and you will gets lots of help

Link to post
Share on other sites

If you read the Account in dispute letter that has been posted for you on wishmewells thread, this clearly states what they should NOT do, however in reality they will more than likely disregard it and carry on threatening you with court action.

 

Whether or not they actually follow it up, is anyone's guess but you have been paying what appears to be more than you can afford and they still chase for more.

 

IF it did go to court and they DID have an enforceable agreement, the worst you can get is a CCJ and at that point you would give the court your income and expenditure, tell them what you can afford and if the judge agrees, that is all you pay.

 

IF you then defaulted on the CCJ there would be further implications but you are a VERY long way off from this scenario.

Link to post
Share on other sites

Surely I can only get a CCJ for not paying at all?

 

what do these people want from me?

 

Calm down, please. These things take a while, you really MUST take a step back.

Here are your facts,

You fell on hard times, you told them, theyve ignored you.

But the BIG thing is, youve been paying them what you can afford.

OK so they are chasing for more, BUT do they really have that right????

 

Your requests for documents will prove or disprove what rights they think they have,

If theyre hassling you, report them.

 

Start kicking them back.

 

Now, if you ever have to go to court, then you'll have all your documents ready.

You'll statements which show youve been paying.

I'd be very surprised if a Court made you pay any more than you already are.

 

Ask yourself this..... Why are they putting so much pressure on you to pay more than 5% per month???

If they have a valid legal reason, then why not take it to court???

 

Once next week comes and they fail to produce your documents, you can put the account into dispute.

Link to post
Share on other sites

They want to threaten and scare you into paying what you cannot afford, and make you panic.

 

It looks as though this is precisely what they are doing!

 

You are getting good advice on here from others that have been and are still going through exactly what is happening to you.

 

How you decide to go forward is entirely up to you but you can learn so much from other peoples experiences and see these bullies off and pay them ONLY what you decide and can comfortably afford.

Link to post
Share on other sites

I would love to pay more and clear it quicker, but unfortunately I am one of those people who have been hit by the governments cuts to benefits and from April next year my income will go down by £600 a month. I have 2 children in school club / nursery club and its hard enough to get by as it is.

 

What concerns me is that I do not know what powers they have? my understanding from these posts is that only a judge can make me fill out an I&E form, so not sure where BOS are coming from by saying that they are taking me to court for not clearing the balance as they have suggested.

 

Can I not contact Halifax direct and set up the payment plan with them?

Link to post
Share on other sites

I would love to pay more and clear it quicker, but unfortunately I am one of those people who have been hit by the governments cuts to benefits and from April next year my income will go down by £600 a month. I have 2 children in school club / nursery club and its hard enough to get by as it is.

 

What concerns me is that I do not know what powers they have? my understanding from these posts is that only a judge can make me fill out an I&E form, so not sure where BOS are coming from by saying that they are taking me to court for not clearing the balance as they have suggested.

 

Can I not contact Halifax direct and set up the payment plan with them?

 

Yes you can contact Halifax directly, BOS are only their in house monkeys, thats why theyve been so nasty. because youve let them threaten you.

 

You are correct, only a court can legally make youy fill out I&E, so please try to ignore these threats.

They DO NOT have any powers

 

They will continue to threaten and tell you lies , thats how they work.

Now as regards them taking you to court for not clearing the balance,

Well lets see what they produce from your CCA shall we?

 

Because, youve probably got charges and all sorts of wonderful penalty interest on the final figure that can be removed.

THIS is what will reduce the balance, NOt you worrying over their threats.

 

Now get yourself a cup of tea and calm down will ya;)

Link to post
Share on other sites

ok - got my tea now, took a paracetamol as I have a raging headache.

 

I will sit back and wait as you suggest.

 

just feeling down and out about it all.....

 

Is it possible that Halifax would consider my payment plan or in your experience would they insist on the same information as BOS?

Link to post
Share on other sites

Just remember Halifax and BlairOS are one and the same so don't let them make you think different!

 

If you have read my thread, I gave them my I & E made a pro -rata offer, on the phone they confirmed a 12 month arrangement but they would not confirm it in writing (all this time I was still waiting for a copy of the T & C's, they had supplied an application with my signature on)

 

They eventually refunded over £1600.00 of unlawful charges & interest (keep me sweet) but without written confirmation of the arrangement, after reading wishmewells thread, I did not pay them anything!

 

I also offered 35% F & F to get them off my back, they declined!

 

I too have lost a big monthly income (between me and OH) I also have a condition that may give me problems at any time, stopping me working, I have told them this as well but they still think they know best.

 

So since July last year I have paid nothing, the balance remains the same (no interest or charges being added) If I get any letters, I just send an appropriate response. It is presently with Robinsons Way, another inhouse collections name of BOS (Bank of Scotland).

 

The only time I will worry/panic, is IF a court summons drops through my letter box.

Link to post
Share on other sites

I understand and have read your thread, I find it upsetting that creditors can do this to people. I know I incurred the debt and therefore have an obligation to pay, and have for the last 12 months paid £60 on the nail on time without fail. It just escapes me why they think that I should be paying more? Halifax added interest and charges hand over fist at one point, so much so that I lost track. I will send a Subject Access letter, will I be able to get back some of the interest and charges (both late payment charges and over limit charges - by the way Halifax they reduced the credit limit on the account and then started to hit me with charges and more charges). I cant win.

Link to post
Share on other sites

I expect you will be very surprised when you get your SAR and work out exactly what you have paid and what they have charged in interest.

 

Reducing credit limits is another tactic to add overlimit fees, it happens a lot.

 

Also increasing the interest rates, when the bank base rate is at the lowest it has been for years. See what they advertise as a typical APR and then check to see what you are paying. Why should you be paying higher than what they are offering new customers?

 

Yes you can claim back unlawful charges and try for contractual interest from the date these charges were applied.

 

Hope your head feels a little better now!

Link to post
Share on other sites

I know that a lot has been posted on here, I think there is a SAR template on here also.

 

When I send the PO do I fill in that it is payable to BOS? as the ones that I sent for the CCA were blank.

 

I will sort out the PO at the weekend and send it registered delivery on Monday.

 

I think the interest rate on the one card is at least 15% and on the other card it is 29.9%.

 

the charges were at one point £25 for overlimit and £25 for late payment until they were legally reduced to £12 respectively. Can I claim these back?

Link to post
Share on other sites

The SAR Goes to the original lender ( Halifax), Try to ignor BOS as much as possible, if they write, let them know that you are dealing with Halifax Directly.

The charges can all be claimed back or offset for any outstanding balance if any.

As Dotty50 says , you'll be surprised once youve added it all up

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...