Starting up my own DMP from scratch...

[baz1986]

Wow Tingy thanks for that great advice answered loads of questions and the other thing i was worried but i think i can relex is that they are going to default me next month so after that they cannot do anything else to my credit file to harm this can they? Not to sure if this is correct, just wanna get all my defaults in out of the way asap so then my 6 years start as soon as it can to be able to start to clear my credit file?

 

 

[Tingy]

They can take you to court and get a CCJ, but at this stage it is unlikely, and reluctant though I am to be the only person offering advice, in my opinion if you can be seen to have done everything within your power to offer Halifax the chance to have their money back, then I really cannot see a judge ruling in their favour.

 

The other thing that is again highly unlikely to happen but could, just so you know exactly where you stand, is that if the debt is greater than £750 they could make you bankrupt. Bearing in mind I've begged OCs and DCAs to BK me for four years now and they haven't I think from personal experience I can say it is very unlikely this would happen.

 

So yes they can do other things, but it's unlikely in my opinion that they would.

[baz1986]

Okay Tingy i have a question i have had a bonus in work about 1k, what would you do? would you pay off some of the debt that i owe or do you think i should keep it for future full and finals or for a rainy day? I mean i wont have a spare 1k for at least another 12 months so in two minds..

1.Pay some debt?

2. Have a bit of money to fall back on?

 

Please be honest as you always are, just need a second opinion?

 

Thanks Baz

[Tingy]

Personally as long as you're happy with the way your DMP is panning out I'd leave it sitting in a bank account or savings account so it grows a little bigger. I would try very hard not to spend it, but that is not one of my strong points. Problem is, if you put it into your DMP they're likely to start wondering if you've got other pots of money hanging around that you haven't told them about which could cause serious problems. Why rock the boat when everything is ticking along nicely?

[baz1986]

Yeah this is true, i was thinking exactly the same just wanted a 2nd opinion because my opinion is a bit biased to what i want to do, and you know what it like when you want to do something you start making more pros and cons lol.. Well at the moment Tingy my auntie is helping me out big time with some of my little debts, so now i have gone from having 9 creditors to just 4 now, i mean i know people say do not borrow money to pay debt back, but with her card she opened it intrest free for 20 months we are talking like 3k, i plan to pay off 150 a month every month so the money i was paying halifax until the decieded my money wasnt worth owt will go towards that until they come back to me with a reasonable payment offer.. So the ONLY people i owe money to in my name is my friend 4k and 4 different accounts with HALIFAX!!!

I suppose the turning point was MBNA giving me a full and final invite and me wanting to get that cleared and of the way and the ability to ONLY have HALIFAX chasing me was the added incentive!!

I noticed in one of your last posts you where a headmaster, Wow i wanted to go into teaching but just didnt choose the right direction at 20,

 

 

[Tingy]

Hey it sounds like you're doing brilliantly and in such a short time. I was chatting to someone on the phone earlier about debts and they were saying that if creditors didn't play ball and accept what they were offering then they got £1 a month until they changed their minds. It has worked a treat for them.

 

Halifax are known as being awkward, but they make plenty of profit so I would not concern yourself too much!

 

Yes, I did used to be a Headteacher. I still get called in by local authorities to interview for Headship appointments, but try to avoid too much involvement with education nowadays.

[baz1986]

Yeah at the moment it is all going really good, tonight i shreaded all the paperwork for the 5 accounts thaat have been cleared, i felt so happy and i read back everything they sent me.. But Tingy the biggest thing that the website does it makes you stop worryng about what creditors could DO, and think more what YOU can do!

I have just sent for the 5th time a full and final for my overdraft that i have with halifax, The best thing is i send it to their in house collectors and i get a reply from halifx the original oc, They must think people are thick when they threaten DEBT COLLECTORS!! Anyway i have got 5 stamps left for my overdraft so im hoping by the tenth time i will be succesfull, I am offering them the original amount minus the chrages they have applied, I am stil awaiting a breakdown of the charges they have put onto the account!

Have you had a busy day on here today?

[Tingy]

Strangely enough I've been having a bit of a problem with e-mail alerts telling me people have responded to threads I'm subscribed to. I e-mailed the webmaster - what a guy! Brilliantly efficient! He sent me a list of the e-mails they had sent me today and there were 21 there, and by the time I went back to my inbox a further 5. That was at 8pm so busyish, but still been doing other stuff as well.

[baz1986]

Good to here it, im glad people use you a lot for your information and experiance. Right i have now decided to bring the financial ombudsman against the halifax in to help me with my battle against them. Now as i have 4 accounts with Halifax i am woundering do i make a complaint about them in general or do i make a complaint about my loand and say my cc seperate?

 

These are a few things that i am complaining about and if anyone has any thing to help me put into my letter to support my complaints please help:

 

1. Not completing my PPI claim within the 8 week timeline as set out by the financial obsduman and basically telling me it could be another 8 weeks

 

2. When i missed a monthly loan payment they took it out of my bank account and put me overdrawn, this has lead to my current account being with in house collectors and has gone from £265 to £371

 

3. My loan well if you have read my thread you will see but a quick overview, Me paying them £110 a month through cccs every month and every month they take £98 intrest in 6 months i paid them £660 and only £72 coming off balance, i now only pay £1 a month until they pass me on?

 

I am also looking for tips like do i mention other cases and shall i put in examples from guidlines set out by FOS?

 

Thanks in advance

 

Baz

[Tingy]

I hate to admit it Baz, but this is one I can't help you with. I've never complained to the FOS so you need some folk who have.

 

I think point no2 is common practice among banks - that's exactly why consumer sites always recommend getting a parachute account. Point 3 is downright disgusting. They are effectively punishing you for owing money.

 

I'm not sure whether in a complaint to the FOS you point out all the debt guidance and legislation they're breaking or not, but I will try and find out for you.

 

Sorry!

 

http://www.acendenactiongroup.co.uk/get-your-stolen-money-back/fos-complaint/

 

A fairly extreme site, but the form has some bits filled in which may help. You may find more with a hunt round Google.

Edited May 20, 2011 by Tingy

[silverfox1961]

Hi,

Unless you have had a formal complaint rejected by Halifax, you won't be able to use the FOS. If all your communication so far has been negotiating a settlement then you need to complain first.

How long has Halifax known you were in Financial Hardship? The reason I ask is that another Cagger took Lloyds to the FOS and won. I will try to find the thread

[silverfox1961]

http://www.consumeractiongroup.co.uk/forum/showthread.php?264167-ok-so-they-say-i-have-a-case-BUT.....*****WIN*****

[baz1986]

Thanks for your quk reply silverfox, Well i have an official complaint with regards to my PPI, but its strange because i have two credit cards with them and they have reduced to 1% and i pay them but they will not do anything with the loan i have with them, they have known since september last yeat when i contacted them and spoke to them on the phone, My problem is know that next month they will default me so i need to get my complaint in quick to the FOS before they pass it on and then they would have washed their hands of me. I have asked them on a number of times to put in a complaint but they keep fobbing me off, I havent got an official complaint but i have contacted them at leat 5 times and at ever time i have asked for a complaint to be made, so will this be noted on my account and if it come to it dont they record phone calls?

 

Also if i type up a letter and post it on here do you know of anyone who could look through it and sugest better or add things to it?

 

Cheers

Baz

[silverfox1961]

This is the problem with speaking on the phone. You can say complaint as many times as you like and they will ignore you. ONLY when it is put in writing and the letter headed Formal Complaint will they treat it as such.

 

Berore you write any letter, get you dates and times right (if you can remember) and the salient points sorted. Try to explain your complaint in a concise way rather than going saga on them. Bullet points are best as you don't want them to get bored reading. Most importantly is that you get everything over. You don't want to be adding further complaints at a later date (unless their responses show up something new).

 

By all means post up a letter but remember to keep it as anonymous as possible

[Tingy]

Baz - pm coming in

[baz1986]

Cheers Silverfox willd do i wrote all the times and who i spoke to, Have been doing some research found this site, the dates are from 2008 but still relevant on harship grounds

 

http://forums.moneysavingexpert.com/showthread.php?t=1613963

 

Going to start my letter tomorrow, going to have a few bears now

 

Baz

[baz1986]

Okay i am off today so i am starting my letter to the one and only Halifax.

 

Wish me luck, will post of draft letter later

 

Baz

[Tingy]

Hey Baz,

 

Good luck! I've managed for the minute to get a mobile broadband signal at my parent's house on Anglesey - couldn't get anything yesterday! Hopefully it will continue and I'll see your draft before it's sent!

 

Tingy

[baz1986]

Okay folks i have a little dilemma it goes back to an older post about 'Defaults', Right i am paying 6 different people now a reduced amount and they have accepted it but my worry is that they are going to default me anyway, but then i want to pay them what i agreed but at the same time i dont want my 6 year wait for a clean credit file to be delayed...

 

Any ideas, suggestions,

 

 

Thanks

 

Baz

[silverfox1961]

Hi,

I they they will default you but how soon-I have no idea.

If you are paying significantly more than 'token payments' they may mark your file "arrangement to pay"

I am still to see any proper guidance on what happens further down the line. I have seen posts that say they have been defaulted a good few years after falling into difficulties where previously, they have been marked arrangement to pay and I cannot find any ICO info about whether that is allowed or not.

 

My own view is that if, further down the line, you get into severe difficulties and cannot maintain your regular payments, they should backdate the default to when you first began the arrangement.

[baz1986]

Cool cheers for the prompt reply, Yeah i just didnt want to be doing all this and then in like 2 years someone defaults me and im back to sqaure one again!!

 

I am not sure if you have read my posts regaring my problem with a certain bank that i have a loan with, a bank account and 2 credit cards with, if you have do you mind having a look at mthis letter and see if you could give me some tips/advice

 

Cheers

 

Baz

[Tingy]

Baz,

 

Personally I'd be asking them to default you now. Technically speaking your CRF should show 0's when you were paying, then when you stopped go 1,2,3,4,5,6 then Default.

 

There is guidance in one of the major pieces of legislation (can't remember which at the moment - OFT on Debt Collection?) which states the creditor should default you as soon as possible. Unfortunately some are ignoring this and leaving it until it either goes to a DCA or I have known one case where the debt was just coming up to 6 years and they put a default on it, thus lengthening the time on the credit file to 12 years. If you can persuade them to default you now with a payment arrangement marker as well then your CRF will be shot for 6 years, but everything should then fall off.

[silverfox1961]

Just for info, the ICOs take on defaults

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

[baz1986]

Well Well Well.....

 

The halifax customer relations manager just rang me and has apoligised for not dealing my harship problems in october.. Well i have just had 1k in charges refunded and my bank account that they put into overdraft put back to £100 rather than £371..

 

Tingy i must say your letter did the trick, Letter sent on Thursday phone call today!!! Without you i would be a lost sole lol

 

Baz

[baz1986]

Oh yeah and i had a refund on the highly expensive letter that was my default notice £50!!