Halifax CC charges- **REFUNDED SATISFACTORILY**but left default

[GaryNI]

I suggest you wait for someone like ims21 to look in on you - see if he has any ideas

 

will do and once again thank-you for your time

[citizenB]

No problem. I wish I could help further, I simply dont know the answers

[GaryNI]

another note i want to add is when i was on the phone with Halifax today they were saying that a call was made to me on the 25th May stating i give permission for the PPI Claim to used against the outstanding balance on the card. I can tell you now, that NO such call was made to me and i have never given permission for this, it is the opposite.

[citizenB]

Hmmm, wel now then. I guess you could certainly make an official complaint about that. Make sure you head your letter OFFICIAL COMPLAINT.

 

Perhaps advise also that the call you made on a different DATE made it quite clear that you wanted the money in your bank account.

[ims21]

Hi

 

Charges reclaims and PPI reclaims are two distinct things.

 

With a PPI claim on a credit card the lender can use their right of set off to put any PPI refund against the balance of the account. In fact it doesn't have to be the same bank but any bank within the banking group.

 

With a PPI claim on a loan, they can only set off against notified arrears.

 

This may be avoided if the claimant can show extreme hardship.

[GaryNI]

Hi

 

Charges reclaims and PPI reclaims are two distinct things.

 

With a PPI claim on a credit card the lender can use their right of set off to put any PPI refund against the balance of the account. In fact it doesn't have to be the same bank but any bank within the banking group.

 

With a PPI claim on a loan, they can only set off against notified arrears.

 

This may be avoided if the claimant can show extreme hardship.

 

So they can use the PPI Claim to take off the outstanding balance of the card then. I did say to Halifax on the 23rd of May when i got the letter saying the amount that i needed the cheque to pay things off, like rent and other bills and this is why i wanted the cheque sent to me. I never got any call from them or gave any permission from them to use the amount to pay of the cards balance. They actually told me that i should expect a cheque within 28days

[ims21]

You may be able to get them to reconsider a set off if you can show financial hardship.

 

Generally for a set off they do not need express permission.

[GaryNI]

You may be able to get them to reconsider a set off if you can show financial hardship.

 

Generally for a set off they do not need express permission.

 

what sort of examples or if needed documents will they need for this to be done ?

[ims21]

You would need to write to the lender outlining your hardship position and detailing the priority debts that you have to pay. It might be an idea to enclose evidence of this and to prepare a brief Income and Expenditure statement.

 

You would need to tell them that their action would make your current situation worse if they proceed with set off and that you consider that to be unfair treatment. Have a read about BCOBS and COBS for more information on unfair treatment.

 

For some background reading, have a look at these

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/84/84-banking-complaints-involving-setoff.htm

 

http://m.dailymail.co.uk/money/cardsloans/article-2158352/Banks-siphon-refunds-owed-PPI-victims-square-unpaid-debts.html

[GaryNI]

Once again thanks for your time and help. Ill get reading and get a letter drafted up.

[citizenB]

Budget sheet below you can use.

 

 

Ellens Budget Sheet.xls

[GaryNI]

UPDATE

 

Got my cheque in the end from Halifax for the PPI Claim I made, bonus

 

Now as for the original reason i started the thread, i sent in a final letter to Halifax as suggested by citizenb in post67 from 13th June but still have I heard no feedback from Halifax nor have i heard anything from Moorcroft who i believe is now collecting the debt on behalf of Halifax.

[citizenB]

UPDATE

 

Got my cheque in the end from Halifax for the PPI Claim I made, bonus

 

Now as for the original reason i started the thread, i sent in a final letter to Halifax as suggested by citizenb in post67 from 13th June but still have I heard no feedback from Halifax nor have i heard anything from Moorcroft who i believe is now collecting the debt on behalf of Halifax.

 

 

Just had to whizz back and see what I said

 

Right that letter was in connection with the charges they have applied to the account.

 

IMHO, you should wait for say 6 weeks from the date of your letter. Then send a follow up.

 

Dear Sir,

 

My letter dated XXXX has neither been acknowledge or responded to.

 

Would you please confirm that you are dealing with the content and will respond to me within the 8 weeks permitted by the Financial Ombudsman, alternatively please provide me with your Final Response letter, in order that I can take my complaint to the FOS.

 

Etc..

 

If they still dont respond - then you should consider their lack of response to be their final response and start to organise your complaint to the Ombudsman.

 

You would simply need to advise the Ombudsman that you believe their continued ignoring of your letters signifies a breakdown of communication and you believe this now entitles you to take your complaint to them.

[GaryNI]

I have all the letters that i have sent to Halifax saved and dated so if i dont hear anything then i will proceed with you said. What about the lack of communication from Moorcroft, just surprised considering they are a DCA and usually send letters/calls all the time

[citizenB]

I have all the letters that i have sent to Halifax saved and dated so if i dont hear anything then i will proceed with you said. What about the lack of communication from Moorcroft, just surprised considering they are a DCA and usually send letters/calls all the time

 

Moorcroft are bullies - when confronted with a genuine dispute they tend to back off.

[GaryNI]

UPDATE

 

Got 2 letters from Moorcroft recently one dated, 07/07/12 and the other 12/07/12

 

The one on the 07/07/12 bascially says they have been contacted by Halifax re the PPI Claim i made and they aware that Halifax has sent me a Cheque regarding Payment to myself. They end the letter by saying that my Account has been placed on temp hold to allow me time to reply to their letter and if i do not contact them promptly then a follow up of the account will recommence.

 

The 2nd letter dated on the 12/07/07 is title with Moorcroft - Home Collections Division. This letter basically says that despite their previous letters senrt to me that i have made contact with them and the acc has now been passed on to the Home Collections Division. They then go on to say that if i do not call them by the 19/07/12 with a satisfactory agreement to repay the debt then they will have no alternative but to recommend to their client Halifax that solicitors commence legal proceedings against me.

 

also to note, a final letter was sent to Halifax asking to refund the fees after they declined but i have still to hear any final response from them.

 

Thanks

[citizenB]

Hmm, so they are saying that they will recommend their "client" to take legal proceedings. This means that Moorcroft are not the owners of the debt. In which case, why didnt Halifax just keep the money and offset it to the account ??

[GaryNI]

Hmm, so they are saying that they will recommend their "client" to take legal proceedings. This means that Moorcroft are not the owners of the debt. In which case, why didnt Halifax just keep the money and offset it to the account ??

 

If you are refering to the PPI Claim then i made it clear that i wanted the PPI refund to be sent to me as i was still awaiting a final answer from Halifax regards the refund of the fees to be taken off the balance of the card. On the letter dated 12/07/12 from Moorcroft the balance of the card has not changed it is still the same so no PPI has been taking off or no late fee/overdrawn fees have been removed either

[GaryNI]

UPDATE

 

Forgot to add that from tomorrow 18th July till 6th August I will be out of the UK and therefore will not be able to action or respond to any letters from Moorcroft or Halifax, should I send a letter back to the letters sent by Moorcroft in the post above ??

[GaryNI]

UPDATE

 

last post was to say that i will be out of the UK for a while. I have now returned and upon my return have not got any letters regarding this Credit Card from either Halifax or Moorcroft. Looking for some advise on what i should do next as i would like to start getting this sorted ASAP. The last letter i sent to Halifax was one asking for the late fee's and overlimit fee's to removed from the outsatnding balance, the last letter i got from Moorcroft who are collecting on behalf of Halifax was to say that i need to contact them ASAp or a doorstep visit to my home will be actioned.

[citizenB]

Hmm, not sure what to advise.

 

Did you send a spread sheet with the request to take the default charges off the account ?

 

What was the date of the letter you sent to the Halifax in respect of this ? If more than 8 weeks, the only thing I can suggest is that you now approach the Financial Ombudsman !

[GaryNI]

Hmm, not sure what to advise.

 

Did you send a spread sheet with the request to take the default charges off the account ?

 

What was the date of the letter you sent to the Halifax in respect of this ? If more than 8 weeks, the only thing I can suggest is that you now approach the Financial Ombudsman !

 

Yes i did send the Spreadsheet to Halifax but they sent a letter back saying they were not going to remove the late and overlimit fee's. I then sent a letter stating that i was not happy with they result as at the time i was in part time employment and could not always meet the required payment dates even after i contacted halifax to advise them of this.

 

basically what i am looking to know, do i contact Halifax for a final response or shall i just contact Moorcroft to setup up a repayment plan ??

[citizenB]

Yes i did send the Spreadsheet to Halifax but they sent a letter back saying they were not going to remove the late and overlimit fee's. I then sent a letter stating that i was not happy with they result as at the time i was in part time employment and could not always meet the required payment dates even after i contacted halifax to advise them of this.

 

basically what i am looking to know, do i contact Halifax for a final response or shall i just contact Moorcroft to setup up a repayment plan ??

 

 

IMHO, if you had contacted HBoS and advised them of your financial situation, which they then ignored and continued to add the charges.. they have failed to Treat you Fairly. At that point in time, they should have entered into dialogue to find a way to avoid having these charges applied. However, it looks to me as though it suited them not to as it was extra income for them !!

 

What's done is done. Only you can decide if you want to take this further.. It might be worth one more shot, perhaps include the paragraph I have above ^^^. Advise them, if they are insistent that they are going to continue to not Treat you Fairly, that you require from them, a final response letter in order that you can take your complaint to the Financial Ombudsman.

 

You could copy the letter to Moorcroft, although I see no purpose in that, as it would appear they are simply acting as collection agents for HBoS and they are not the owner of the account. It will give you some breathing space in order to decide if you are going to enter into a repayment plan.

 

If you do make arrangements to pay - then you are going to have to treat all your creditors (if you have others) on an equal basis. It means you will need to produce for your own benefit, an Income and Expenditure form - list your priority debts, mortgage/rent/utilities/housekeeping, etc. Then each of your creditors should receive a percentage of your disposable income pro rata the balance owing.

 

Have a read of the following.. you can either DIY a Debt management plan or alternatively contact one of the Free DMPs.

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAG newsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

 

HTH

[GaryNI]

Once again your help and advise is greatly appreciated, ill go down the route that ill send a letter to HBOS stating what you said and await a Final letter so that i may go to the Financial Ombudsman. As for Moorcroft i will await my final response from HBOS before deciding to enter into a repayment plan with them. Also to note this is the only debt i have, the CC with HBOS so a repayment plan if setup will only be with Moorcroft

[citizenB]