Feelingdownandout Vs Halifax

[Feelingdownandout]

As i said I just want to pay off what I owe, I just cant handle this at all.

[Dotty50]

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

[Feelingdownandout]

if there is no CCA after 12+2 days and I put the account into dispute can they still take me to court? or even take me to court while I am waiting for the CCA to arrive?

[Dotty50]

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.

[Feelingdownandout]

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

 

what do these people want from me?

[bazaar]

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.

[Dotty50]

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.

[Feelingdownandout]

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?

[bazaar]

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;)

[Feelingdownandout]

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?

[Dotty50]

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.

[Feelingdownandout]

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.

[Dotty50]

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!

[Feelingdownandout]

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?

[bazaar]

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

[Feelingdownandout]

Please forgive me if I am going around the houses...but to get things clear in my mind, I am waiting for the CCA to come back from BOS and if its not back by 15th July I am sending a dispute letter. In the meantime, I write to the Halifax? or BOS with the SAR request?

[Dotty50]

Yes you got it!

 

Here is a link to the library, SAR is letter 11 and Account in dispute is letter 20

 

The Consumer Forums - Debt collectors

[Feelingdownandout]

Blimey........ did everyone feel this worried when they first started this route? feel like its never going to end and its gonna go on and on for ever

[Dotty50]

Yes, but it WON'T go on forever!

[Feelingdownandout]

just cant see the end of the tunnel at the moment.

 

how can I expect this to end? will they ever let me just pay it off?

 

Who do I send the SAR to? is it BOS or halifax?

[Dotty50]

Sent mine here

 

The Data Controller

Halifax

Card Services

Pitreavie Business Park

Dumfermline

KY99 4BS

By recorded delivery

[Feelingdownandout]

how long did they take to come back to you?

[Dotty50]

They have 40 days from receipt to respond

[Feelingdownandout]

did yours come back within the 40 days?

[Dotty50]

I am pretty sure it did, should say on my thread but its been a while since I got it