Just Received A Default Notice - Advice Needed

[markj1960]

Hi to everyone on this site.

 

I have arrived here this a.m. after doing various internet searches looking for the exact service that this forum/group offers.

 

This came about as a result of a phone call which I and my partner received yesterday from the Banking Arrears Dept of Halifax PLC.

 

We have had financial problems over the past 4/5 years and the Halifax mortgage is in arrears and we have an overdraft of £1500 on a current account (agreed overdraft limit is £500). Most of this £1500 is made up of £39 and £28 fees/charges which I had refused to pay.

 

The chap from the Halifax basically wanted to get my partner to transfer £1500 from an account which she has been using to save money in for our sons education (we just don't want to touch it because it has been money given to him by family members for this specific purpose). She refused and he became quite aggressive to such an extent that she ended up in tears. I blasted this chap down the phone and basically told him to go and **** himself and slammed the phone down on him. Lo and behold he rings back later in the day (I am out at this time) and tells my partner that they will put a stop on the savings account unless she uses money from it to clear the overdraft on the current account. She told him that she wouldn't do anything without speaking with me first.

 

I was blazing when she told me. She was all ready for going to the local branch this a.m. and doing what they had asked. I said HOLD ON because I was sure that I had read about a young man who had successfully brought a case against his bank and won back these excessive charges.

 

After a few hours reading and researching here I am. And am I glad I found you!!

 

I am going after them with all guns blazing!!

 

You know what makes it worse? Both I and my partner used to work for the Halifax. I for 10 years and she for 25 years. This was back in the days when it was a Building Society and they dealt with customers on a personal basis and [edited: beware of potentially libelous comments, please] wasn't part of their daily routine.

 

I have had bank accounts with them for over 25 years and a mortgage account for 18 years and my partner has had savings accounts with them for 40 years and 2 mortgages with them spanning 30 years.

 

Yet they treat us like second class citizens because circumstances have meant that we have hit a bad patch in our lives. We are at rock bottom and they try and grind us even farther into the dirt by slapping these excessive charges on us.

 

Last year we had a Maxim Current Account with a Solo card (cheque guarantee card) and cheque book. Out of the blue they sent new cards which were Electron (not a cheque guarantee card) cards. I rang to ask why and was told that we had been downgraded to B class savers and we couldn't have a cheque guarantee card any longer! Nice way to treat customers of theirs of over 60 years standing between us!

 

About 4 weeks ago we had a knock on the door at about 7.00pm. It was a bloke from a debt management company based in Manchester who had been authorised by the Halifax to call at our home to fill in a financial statement because of the arrears on our mortgage. He came totally unannounced or invited. Who the hell do these people think they are. And do you know what? It was going to cost me £100 for the privilege. I am struggling with my mortgage payments and they send a total stranger out of the blue without any prior warning to spend 15 minutes filling in a sheet of paper and charge me £100.

 

I said no way am I talking to you and paying £100. He said "can I make an appointment for next week?" I said o.k. but had no intention of letting him come round. I sent him packing and at the start of the following week rang him to cancel the appointment. I thought that was the end of the matter.

 

Lo and behold the Halifax have debited my mortgage account with £100!

 

I rang their Customer Relations Dept and was held in a queue for over 10 minutes. She said that she would have to get a more senior colleague to contact me. I am still waiting!

 

And now here I am, having printed out all the FAQ's and other bits and pieces that I hope will be useful in my war against the Halifax. I now feel equipped to commence battle.

 

I am sorry if I have gone on and on. It has been of huge benefit just being able to have a bit of a rant.

 

Reading about all the success stories has given me a real boost.

 

Thanks to you all.

[neilbass]

I wish you every success in going after them Markj.

 

You have certainly landed in the right place with the CAG - for advice, support and a good place to have a good rant!

 

Make sure you keep us updated on your progress. Loads of people on here with massive experience who will help you every step of the way.

 

Can't you withdraw the savings immediately and open a new account elsewhere to keep it away from their [edited: beware of potentially libelous comments, please] mitts?

[markj1960]

Hi neilbass

 

Thanks for your reply and advice.

 

I got straight onto the Halifax this a.m. and tried to get through to the idiot who had upset my partner. No such luck. I told the woman I spoke to that I was taking them to the Small Claims Court and therefore not to put a stop on the savings account. She said that she would put a note on the records confirming my conversation and to arrange for the stop to be removed (so it was on already!).

 

I'll ring again on Monday and as soon as the stop has been taken off we'll be closing the account and going elsewhere.

 

Chances are it will take more than one call to get the stop taken off!

 

Apparently the idiot who upset my partner said he would be ringing back today. I just hope he does and I'm in!

 

I'd like to see his smug face change when I spoil his plans by telling him I'm taking his company to court and that as a result he can take the stop off our savings account so that I can take the money out!!

 

Regards

 

markj1960

[chopperclaire]

Good luck to you and your partner, although you won't need it!! Just follow the steps.

Halifax seem to be the biggest offenders for charges and don't care or sympathise with the fact that sometimes people do have periods of bad finance. They are the ones that make it worse and we are the ones who suffer! Well not anymore thanks to this website and the knowledge that we have gained. Halifax owe me roughly around £5,000 for the three accounts which I have had with them, and I WILL get every penny back with interest!

The feeling of knowing that YOU are in control for a change cannot be explained in words.

 

All the best to you both

 

Claire

[DazNorthants]

I think you need to write to the Debt agency and advise you are in dispute with the Halicrap over the fees and they owe you money. Therefore they should take no further action. Ask that no further person calls you and that all further correspondence to be in writing. Or you will consider it harrassment and pass it to trading standard and or the police.

[mich2778]

they owe me nearly £4000 i hope i get it back just waiting to send my lba.

i'll update when more information is recieved

[Bookworm]

You're quite lucky, believe it or not.

 

Under the rule of off-set, they could have just removed the money from the savings account and transferred it to your main account, and would have been totally within their rights to do so.... Obviously,the chap who spoke to you didn't know that

 

Suggestion: In order to simplify your claim (what with the interest and so on), why not use the quite-low interest paying money from the savings account to pay off the sky-high interest taking of the unauthorised o/d, so that they can't hold calling it off as a threat over your head for one, and once you have your charges back, put it back in a lump sum with interest (8% APR!) in the savings account then? At the moment, they are making interest out of you both ways (the savings account pays out to you far less money than they make from you lending it to them, AND they're charging you o/d rates). So you're basically paying them for them lending you your own money you've already lent them elsewhere :-?.

 

The next thing is to make sure that you write to both the arrears dept and the mortgage people to let them know that the accounts are in dispute, so that they can't default you.

 

Keep us posted.

[mcv]

Markj,

Best of luck!! had awfull experience with Halifax. never had any problems with them untill there was a bit of a blunder at hubbies work, he had just started and his wages went into bank 3 days late!! By then all our direct debits were refused and we encured £900.00 charges in one month which snowballed to £1254.00.

 

Went into local branch to pleed for help, had toddler in pram and being pregnant thought it may work in my favour, explained that because of this we could not pay our mortgage etc. and I literally had £5.00 in my purse to survive on for the next month bla bla bla.

I was basically told that if I had of managed my account properly I would not be in this situation and I should of asked for help earlier.!!!

Well pardon me for not being able to see that we were going to have this unfortunate hic up.

After being made redundant we were just glad to have a regular wage comming into the house again!!!!

Same as you in my rage found this site and at the moment are at the stage where they have made an offer of £427.00 but they are sadly mistaken if they think I am going to accept this pittence!!

[lancasterchelsea]

good luck Markj screw the Halifax

follow the steps and you should be ok

[markj1960]

I have looked through FAQ's but can't find the answer to the following:

 

Myself and my partner have just received a 'Default notice served under section 87(1) of the Consumer Credit Act 1974' on one of our Halifax accounts.

 

It is asking us to pay £805.49 by 13th October or they will close the account and demand immediate payment or take us to court.

 

I have started the procedure to reclaim the excessive charges on this account and others by sending off a PDA request letter + £10 fee to them on 13th September.

 

Do I do anything about the Default Notices at this stage by writing to them telling them that I will be doing nothing as I am in dispute with them over this account and others or do I have to let them register a default against us and then make it a condition of any settlement later on that they completely remove it?

 

Any help would be greatly appreciated. Thank you.

[jonni2bad]

You should make it very clear that the amount is formally disputed and that you are in the process of seeking a refund of charges on this account.

 

I would advise you to send this to their legal services department:

 

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

HX1 2RG

 

Also, have a read of this thread

[boss lady]

Hi markj2960

 

Just read your thread and just had to tell you what happened to me. The Halifax actually took £50.00 out of my daughters account which was her money not mine and used it to bring down the balance of my account. How disgusting is that. Took money out of a 10 year olds account which was how hold she was at the time.

The good news recently I took court action against Halifax for excess fees and they settled out of court and paid me £1, 293.00. I should really thank them because if 3 years ago they had not stole my daughters money I would never have took action.