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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case  when he penalty charge is accepted.
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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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Halifax CC charges- **REFUNDED SATISFACTORILY**but left default


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Hello,

 

Its been a while since i was on, 15th October as i have been out of the country for personal reasons. Anyways since the last post i made and the last that citizenB posted me i have no communication from either HBOS or Wescott.

 

I have now got a letter from a company called 1st Credit, i am not sure if this is related to the Halifax CC as there is info on the letter it just says the following -

 

Dear Sir/Madam

 

1st Credit Limited is attempting to contact the above named regarding a personal matter. Your address has been supplied as a possible address for our subject.

 

If you are the above named (mentions my name in letter) then please contact us on the following number ASAP and quote the reference number.

 

If you are not the above named or the above named is no longer a resident at this address then please contact us so we update our system.

 

If no response is made within 10days we will continue to hold this address as the current address (of myself) and may issue further letters.

 

Yours Faithfully.

 

 

I don't know if this is to do with the Halifax CC as there is no info/details on the letter about any debt or outstanding amount, any ideas what i should do next ??

 

Thanks GNI

Edited by GaryNI
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Ignore it until they come up with something worth responding to.

 

Don't phone them.

 

Ok will do, so just await until another letter comes with some actually information on it. I don't need to send a response letter asking why they have my details on record ??

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Hmm, I think I agree with ims21 - wait until they let you know exactly what they are on about.

 

Is it likely that they are pursuing the same debt that Wescott were ? If they are and they do send further letters - then I think you need to stick with your original response.. there is a dispute with Halifax - it remains unresolved and then I think you need to start working on your complaint to the Ombudsman. In fact, it might be an idea to get the ball rolling on that one.. then if 1st credit are involved - you can genuinely advise that as there was an unresolved dispute with Halifax, you have now decided to progress your complaint to the Financial Ombudsman.

 

You could point out that Wescott have just recently been involved, so you are unsure as to why 1st credit now have their finger in the pie !!

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:thumb:

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Hello,

 

So its been over 2 weeks since my last post and since then I have had no letters from Halifax, Wescott and 1st Credit (but I am unsure if the 1st Credit letter is in relation to the Halifax CC).

 

To be honest, I just wanted to get this debt sorted, Halifax have ignored previous letters that I sent to them about the over limit and late fee charges and how they have not treated my fairly so the debt still sits at £3482.17 and it doesn't look like they are going to budge on reducing that :mad2:

I really need to start getting this paid off so it reflects on my credit file that I am making payments, just asking what my next step should be as I seem to be going round in circles.

Many Thanks

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I will ask others on the site to put forward their thoughts on this for you Gary :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Writing a letter to the Chairman of Halifax outlining your disgust at how you have been treated could be a start, along with opening a case with the FOS. You may get an offer of compensation around £100 mark along with a return of charges over the £12 mark too

 

Dear Chairman of Halifax

 

I am writing to you to detail my disgust at the behaviour of your organisation, I have written to your company on several occasions, and bereft of any kind of response whatsoever even addressing my complaints you have not even responded within 8 weeks.

 

My complaints are this -

 

(outline complaints)

 

I am of the opinion that your behaviour is quite clearly a multiple breach of BCOBS namely (delete as appropriate)

 

 

  • Refusing to discuss financial difficulties and to suggest positive solutions
  • Unexplained peremptory closure of accounts - the longer the account has been held, the greater the requirement of an explanation and of tolerance to difficulties
  • Unexplained peremptory withdrawal of overdraftlink3.gif facilities - once again, the length of time that the account or overdraft has been in place is highly relevant - especially in respect of small businesses
  • Refusal to accept reasonable repayment proposals on the evidence of an income expenditure schedule
  • Ignoring a letter of appropriationlink3.gif
  • Harassment of debtor on the phone
  • Charges on bounced DDs or cheques
  • Imposing an overdraft on a basic account
  • Charges on paid DDs or cheques
  • Treating bank-imposed charges as unauthorised - (RBSlink3.gif has already conceded as a "gesture of goodwill" on this BCOBS point)
  • Levying charges upon charges - (RBS has already conceded as a "gesture of goodwill" on this BCOBS point)
  • Failure to accept instructions not to make further payments on a credit card/debit card number
  • Refusal to cancel DD instruction
  • Refusal to offer basic bank account without good reason
  • Charging more than cost for duplicate bank statements - £5 fee is probably unfair
  • Failing to supply bank statements on accounts in difficulty where account fee is still paid
  • Reneging on an instalments agreement by, for instance, by beginning recovery measures directly or through an agent while the agreement is in place.
  • Insisting on payments being made only in some particular form such as by direct debitlink3.gif - and refusing to accept payments made by some other method, for instance Standing order.

I would now like to know how you propose to remedy this situation ? I will be informing both the FSA and FOS.

 

I trust this makes my position completely clear.

 

Yours faithfully

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Although I am not 100% sure you may have to address it to - Sir Ronald Garrick (deputy head) as I see the most recent one has been in trouble with the FSA - http://www.business7.co.uk/business-news/scottish-business-news/2012/09/13/fomer-hbos-head-of-corporate-accuses-regulator-of-tokenism-at-its-most-sinister-106408-23925419/

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Thanks, ill get the letter drafted up now and send it recorded delivery. Hopefully they will clear the over limit fee's and late fees so I can get this matter sorted.

 

Thanks again all for your help and advice

Edited by GaryNI
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just got a voicemail from the Halifax Customer Services person, think they said they were a manager regarding the recent letter I sent in (42man drafted up for me, see post #136) and they said to call them back to discuss the matter and even said to call them on their direct line.

 

So should I call back and if so what should I say ??

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If you do telephone them then you need to be focussed on the content of the letter and your need to have a response to it.

 

So have a copy of the letter and a pad and pen. Take notes. You need the name of the person you are speaking to and their position in the company. You want to know exactly what they are going to do to resolve your complaint.

 

If the call is not in connection with the letter you sent and is a ploy to bully/intimidate you then you simply say you are going to end the call and they must write to you.

 

If the call progresses in a manner you want. Then when it is ended you immediately put pen to paper or fingers to keyboard. Produce a summary of what is said. Then pop it in the post with a covering note..

 

Dear Sir or Madam (or named person)

 

The attached / following is a summary of my interpretation of the telephone conversation I had with XYA on Monday, 26th November.

 

If I have misunderstood anything, please let me know.

 

etc, etc.

 

Let us know how you get on.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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So looks like my thread has come to an end, Halifax and I have agreed on a Final offer which is to remove the late fee's and over limit charges which in turn has reduced the outstanding amount by almost £1200. So now I just begin the process of paying the remaining balance off, I have agreed with Halifax that I will be paying a specific amount every month which suits me perfect due to my financial situation.

 

There is a final response letter being sent to me and I have also sent in my own letter confirming everything.

 

So a massive thanks to everyone that helped me out on this thread and that offered me advice, draft letters and just general info.

 

Special mention goes to citizenB, thanks for everything :-D

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So looks like my thread has come to an end, Halifax and I have agreed on a Final offer which is to remove the late fee's and over limit charges which in turn has reduced the outstanding amount by almost £1200. So now I just begin the process of paying the remaining balance off, I have agreed with Halifax that I will be paying a specific amount every month which suits me perfect due to my financial situation.

 

There is a final response letter being sent to me and I have also sent in my own letter confirming everything.

 

So a massive thanks to everyone that helped me out on this thread and that offered me advice, draft letters and just general info.

 

Special mention goes to citizenB, thanks for everything :-D

 

 

Oh very well done you.. I am really pleased that this has now been resolved and you can move forward. I will amend your thread title to show there has been a resolution in this matter.

 

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 year later...

Hello,

 

Halifax have issued a Default on my Credit File back in June 2011

due missed/late payments on an old Credit Card,

 

the balance was paid off at the start of this year in full

but I am questioning now if Halifax have ever issued a Default letter

or Notice of the impending Default to myself.

 

I am have all the documents regards the Credit Card from Halifax

and there is no Default Letter or Letter satating they are going to issue a Default against me

 

.How would i go about seeking proof that Halifax did issue a default letter

or notice as i want the Default removed from my Credit File.Thanks,

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they don't have to issue either to default your file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes it is related to that older thread. I am opened this thread as the Default that Halifax put on Credit File is really damming me getting any credit. I haven't had a load or credit card since that Halifax one but I was recently rejected for credit due to the default Halifax issued against me.

 

So what you saying is they don't have to provide any proof via document or letter that a default was issued, if so I've no chance of it getting removed ?

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so why did you not then also push for the resultant default removal

 

you need to insist on that

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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