Halifax credit card and later payment fees

[BRIGADIER2JCS]

Give them 7 working days to reply then the complaint.

[dx100uk]

i think you stand a very good chance.

 

the bal is relatively low, when you take into account, the way you payments

have been regularly made over the years.

 

await the reply.

 

they must be seen to 'help'

 

they now know you are in financial hardhip.

 

that p'haps might have been a move you should have made a wee while sooner.

 

dx

[pj2017]

yes, I should have told them a while back - thanks for your help and advice and I'll keep the forum posted on what happens.

[pj2017]

I still have had no reply from Halifax

- I think they're just going to ignore my letter.

 

Does anyone know who I could email who would be head of compliance at Halifax?

 

For a start, do I want the head of compliance at Halifax, or HBOS, or Lloyds (now that Lloyds has taken over HBOS)?

 

thanks for any help

[dx100uk]

write to the CEO

 

dx

[pj2017]

I wrote this email to [email protected] - David Nicholson being Group Director of Halifax. The chain of command is complex, because I believe he reports to someone in Lloyds too.

 

Dear Mr Nicholson,

 

I understand you are group director of Halifax, and I am writing to ask you to record an official complaint and have it dealt with for me.

As you know, banks are required to deal fairly with their customers, including in matters relating to conflicts of interest between customers and the bank. This is part of the Conduct of Business Sourcebook and is considered to be part of any contract between Halifax and its customers and is actionable as breach of contract.

 

I sent the attached letter, by recorded delivery, to Halifax on October 27th, but have had no reply. I made clear the sharp fall in my

income and indicated that I was offering a certain amount by standing order to my Halifax credit card account as a gesture of good will

during my period of difficulty, and asked for Halifax to make a similar gesture of good will by freezing interest and charges on the

account for a short period. But I have not been able to elicit a response.

 

It seems that Halifax does not recognise the validity of the concept of fair treatment of customers. I rarely use this credit card (the

account for which you are about to close), but there is an outstanding balance that requires me to pay more than £40 a month, apparently

forever, into this account, with no reduction in my outstanding debt. This is not so much a credit agreement as a permanent income stream

for Halifax, and I explained in my letter that I have set up a £10 a month standing order for this account, the level of which I may have

to review downwards if Halifax can't be bothered to reply, not least because I will have to set aside some money to defend this case when

it comes to court to cover travel costs, printing costs and the seeking of legal advice. As you know, judges in court (or magistrates)

decide the level that an old debt has to be serviced at, and they quite rightly regard expenditure on food and necessities of life as

higher priorities than servicing usurious closed accounts.

 

Your bank told me in a recent letter you are closing my account and after the account is closed it will continue, apparently forever, to

be subject to interest charges. As mentioned above, the Conduct of Business Sourcebook does require fair treatment of customers,

including where there is a conflict of interest with customers, and the COBS is part of the contract, and I think it is easily arguable

that permanent interest on a closed account amounts to a deliberate violation of the COBS, particularly when I have asked you to respond

to my gesture of good will in setting up a standing order for this soon-to-be-closed old account. I asked in the letter for a freeze on

interest and charges, not permanently, but for a period of six months, followed by a mutual review, during a period of low earnings for me. I

think a judge would regard this as an attempt at a reasonable and rational dialogue by me with the bank--and your failure to reply as

indicating the opposite stance on your part.

 

I would like to get a final response from Halifax on this, and then, if unsatisfactory, to take it further with the Financial Ombudsman

Service. Please can you direct your staff to deal with this complaint and answer it relatively quickly. I feel sure a mutually satisfactory

temporary arrangement can be made between us.

[catquest]

Not Lloyds as they have a different banking licence.

For instance Lloyds can't offset debts on a Halifax account.

[Guest alan703]

Halifax blatantly ignored my credit card penalty charges claim, until .................. they received a summons for court.

[pj2017]

Well David Nicholson got someone to email me back today saying they wrote a reply to me on the 5th which I should get by the end of the week - I am expecting a letter telling me the standard stuff and fobbing me off...

[maroondevo52]

I am expecting a letter telling me the standard stuff and fobbing me off...

 

Hopefully not, you never know

[pj2017]

Hopefully not, you never know

 

Yes, I know. Have to keep positive. I'll let the forum here know what happens.

[maroondevo52]

Yes, I know. Have to keep positive. I'll let the forum here know what happens.

 

Good stuff, we'll keep our fingers crossed

[pj2017]

Thank you all for your advice. I received a letter from Halifax today - sorry no scanner, but I am delighted. They said:

 

I note that you are only able to send us £10 per month towards this debt at present and I have arranged for a reduced payment arrangment to be placed on your account. From the next statement onwards for up to six months no interest or fees will be charge provided the £10 per month is received. However, as this is an informal rrangement, this will not stop any default being registered on your account.

[BRIGADIER2JCS]

Good result, make payment by standing order to give you complete control and an ongoing record should a problem arise.

[westfield]

Good result.

[maroondevo52]

Thank you all for your advice. I received a letter from Halifax today - sorry no scanner, but I am delighted.

 

That is a good result pj2, looks like keeping positive's worked

[pj2017]

That is a good result pj2, looks like keeping positive's worked

 

Yes, it did. Thanks to you all for your advice - and yes I am paying by standing order, not direct debit!

[maroondevo52]

Hows things with work, will you be able to 'up' the payments if things pick up ?

[westfield]

Only really read this thread through tonight and one thing that strikes me is that they do not have the original credit agreement. Alas i am not certain of my law but they certainly need one to enforce a pre Apr 2007 agreement.Also it is unlikely the would apply for a SD if your liabilities outstrip your assets. They would rather try a ccj first.

[pj2017]

Hows things with work, will you be able to 'up' the payments if things pick up ?

 

Well, that would be my plan - but the Christmas period is an awkward one for making money - and the freezing of interest and charges gets me over that period - and if I can substantially pay off the debt before the 6 months is up, I will - but as with many self-employed people, my income is variable and far from guaranteed. Most banks still think in terms of people being employed - and ask you for you monthly income breakdown - they haven't wrapped their heads around the fact that some people's income swings wildly.

[maroondevo52]

Hi,

 

I know where your coming from regarding the self-employment income, I was self-employed for about 25 years, sometime's didn't have a bolt to my name because customers were often late making payments for work carried out. My Bank HBOS, well Bank Of Scotland as it was, could not give a jot if I was having difficulties or not, hammered me with charges for years.

I eventually took them to court and was returned just over £8,000 in charges, ( the reason I came to CAG in the first place ) I was very pleased getting my money returned but the damage had already been done.

 

I hope you manage to get over the christmas period and make a big dent in the debt before the 6 months are up, keep us informed.

 

Best wishes,

 

Scott.

[pj2017]

As I explained last year, Halifax sent me a letter on November 5th saying "I note that you are only able to send us £10 per month towards this debt at present and I have arranged for a reduced payment arrangement to be placed on your account. From the next statement onwards for up to six months no interest or fees will be charged providing the 10 per month is received".

 

Now - without any notice - and less than 6 months on - I got a letter today saying

 

"As we haven't been able to agree a suitable repayment plan, we've transferred your Halifax Credit Card to a Debt Collection Agency, Robinson Way. We've instructed Robinson Way to arrange collection of the outstanding amount. Please contact Robinson Way as soon as possible to arrange to pay back the outstanding blance" - that is all the letter says (with amounts of course).

 

What can I do? Ask them why they did not give the 6 months they promised? Or why they didn't contact me at the end of the 6 months to ask how my finances are going? I don't know what to expect next.

 

I thought of emailing Robinson Way to ask them 1) whether they are merely handling the debt or have bought it; and 2) to contact me only by email and not by post or telephone - as letters cost me money sending recorded delivery replies and I don't like dealing with phone calls; and 3) to point out I thought I have until May 5th to agree someone with Halfix?

Edited April 11, 2013 by pj2

[pj2017]

I am wondering whether to offer voluntarily for them to put a charging order on my house, which is going up for sale next week - unopposed, as long as they agree not to force a sale within 2 years?

 

Also, should I cancel my £10 standing order that I set up for the Halifax card, or leave it in existence now RW are involved?

Edited April 11, 2013 by pj2

[dx100uk]

ignore robbers way

 

keep paying Halifax.

 

no emails no phonecalls!

 

they are NOT BAILIFFS

 

stop panicking

 

dx

[pj2017]

Thanks. Panic was my first response!