Halifax credit card and later payment fees

[BRIGADIER2JCS]

Agreed, they haven't keep the agreement not you do pay Halifax>

[pj2017]

I'm now getting daily calls from Robinson Way - but the phone call is a recorded message asking me to press 1 to speak to an agent, and I just put the phone down at that point.

[dx100uk]

10/10!!

 

dx

[pj2017]

I am still paying Halifax £10 a month by standing order, and the balance on my credit card account is going down by £10 a month, with no interest applied. However, Robinson Way, who were asked to collect the debt (they weren't sold the debt by Halifax) now say that if I don't contact them in 10 days, Drydens Fairfax will get involved, and may take court action.

 

As far as I am concerned, I am paying this off, albeit slowly, and so I don't know if they really will go for a CCJ. My first hunch is to ignore their letter. Any thoughts?

[pj2017]

The letter says: "your account is due to be transferred to our solicitors, drydensfairfax in the next 10 days, who may consider court action", and that I can agree an affordable payment plan to prevent this.

[pj2017]

Another thing is that Noddle shows this credit card account defaulted on March 25 - but I did not receive a default notice. I got a letter saying they were thinking of defaulting me, but no notice that I had defaulted - what shoudl I do about this? Should I write to David Nicholson at LloydsHBOS and ask why they didn't send me a default notice?

Edited June 1, 2013 by pj2

[BRIGADIER2JCS]

This 'thinking about defaulting'' letter what is the exact wording?

 

Something like ' unless you pay £xxx ,aa by date we intend to default the account':?

[pj2017]

Brigadier, looking through the letters I received, I realise I misinterpreted it. It does say "this is a default notice served under Section 87 1 of CCA", but then says that no further action would be taken if I paid £107 before a certain date. So I thought it was a threat to default, but actually it was a default notice, dated 23 January, two months before the 25 March date on Noddle.

 

Do you have an opinion on whether the involvement of Drydens Fairfax (see post 54) portends imminent legal action?

[BRIGADIER2JCS]

I certainly have a view of Drydens Fairfax most of which can't be said here, an amalgamation of two of the worst debt collection solicitors, title says solicitors but the core business is debt collection, and solicitors for rent to debt purchasers and DCAs.

Basically Drydens Fairfax can consider anything they like but the creditor can authorise them to take action, this in my opinion a tactic intended to intimidate, as you have been making reasonable and regular payments they are unlikely to achieve much more by way of judgement.

[pj2017]

That's what I thought. I'll see what happens from here! Thanks for your help.

 

The outstanding debt is £2357 - down from £2397 in January - I think maybe this is one of their smaller debts and they will make threats - but in the end allow me to carry on paying a tenner a month for the foreseeable.

[dx100uk]

yep ignore them!!

 

dx

[dx100uk]

how many £12 PENALTY charges have you got?

 

dc

[pj2017]

dx, I only had one £12 penalty charge

- as I faithfully paid them around £40 every month although the balance wasn't going down

- until I finally wrote to them and told them I could only pay £10.

There was only one month I missed the payment and had to pay the £12 charge.

 

I personally don't like the way they are putting solicitors onto me when I am paying the agreed £10 a month

- but they did tell me in November when they agreed it that it would not stop them defaulting me.

 

I haven't filled in an income and expenditure form, and am reluctant to do so, as they would always think they could squeeze more out of me,

and wouldn't care if I didn't have enough money for essentials.

 

The whole principle of an income and expenditure form assumes you should have zero pence left over for non-identified expenditure

- and yet, as I have noticed the food I buy going up by 10-20% in Tescos, if I did leave myself zero p left over in an income-expenditure form,

I couldn't afford the items i do need to buy when they go up.

[dx100uk]

time to get your own back then.

 

they are duty bound to help you, they are not.

 

don't worry about the fake/tame solicitors letter

its not a real one, but the guy at the next desk

from the bloke that sent the last one,

they are just In a diff coloured dress.

 

dx

[pj2017]

yes, I was starting to think that. After all, all these letters are computer-generated anyway. By the way, I really appreciate all you do on this site.

[pj2017]

dx,

I am wondering whether to do a simplified income and expenditure breakdown to try to get them to see the £10 they're getting is a lot.

 

I want to do my form - not their form - but I saw there was a form at http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp , and I would have very little left over.

 

That form suggests up to £300 a month on food for a single person, and up to £40 a month for clothing.

But I filled it in with £200 a month for food and £20 for clothing, and still had only £21 left over, of which they are already getting £10.

 

Is there any way of knowing how much drydensfairfax would consider to be reasonable for food?

 

Would all reasonable people think £200 a month not excessive? £6.67 a day for food - is this "excessive" when you have debts?

 

This is my main problem with I&E forms - not knowing what they would say.

 

I am wondering whether to do a simplified form,

and offer them a £12 a month standing charge,

up from the current £10,

and let them decide if they want to take it to court?

 

Is it worth trying to play ball with them?

[dx100uk]

pers I would be doing nothing of the sort

 

the idea of these letters is to get you to converse

 

DONT

 

carry on with what you are doing.

 

dx

[pj2017]

Dx, I didn't fill in Halifax's form, but I did send some information in my own format to Halifax about my personal circumstances.

I don't like banks' own forms, because they are designed too much along the principle that your spare outgoings should be zero

- ie they can have every single spare penny, so that you are then permanently a debt peon who can never pay the debt off or get out of the situation.

I didn't do an I/E list, but just told them truthfully how much I have left each week after tax, accommodation, energy and other bills - and the amount was very low.

 

I got no reply from Halifax, but more letters from Robinson Way.

 

So I complained by email to David Nicholson in lloyds/halifax, pointing out that I am paying them £10 a month,

have given details of my circumstances, and can't afford to pay more.

 

After a long wait, I finally got a reply from the bank

- but they are saying that I have to deal with Robinson Way, not them.

 

Someone in the bank called Noel Combs phoned me and was very pleasant - he said don't worry,

we are nowhere near court action (although I didn't record the phone call, and don't know if his view on that is worth anything

) - but the debt definitely could not be brought back from Robinson Way, and I could not deal straight with the bank. But he said specifically the debt has not been sold on yet.

 

He asked why I was opposed to dealing with Robinson Way, and I explained that some forms of harassment are criminal - not civil - offences,

and that banks employ outfits like Robinson Way precisely because they behave in ways that the banks themselves can't be seen to be doing,

and I want to protect myself from criminal harassment.

 

I also pointed out a brief Internet search shows Robinson Way has a poor record on harassment, and so I would never in any circumstances engage with them.

 

I haven't heard anything from Robinson Way for a couple of months - and I am still paying Halifax £10 a month, and so the debt is going down.

 

Dx, you said elsewhere on this site that the debt needs to be "properly assigned" to a DCA.

What difference does that make?

Is it just something that delays proceedings?

I tried to search CAG site for "legally assigned", but didn't find exactly the right information on this subject.

 

I am happy to pay £10 a month now that the interest has been frozen

- but there is around £2300 left to pay,

and the bank may not want to wait for 230 months to get their money back,

although it would be easier for me to pay this way if I can.

[BRIGADIER2JCS]

Delinquent accounts can be dealt with in these ways.

 

The creditors in house collection/litigation departments, no assignment notice/assignment legally necessary.

By assigning the debt to a debt collection agency, to manage the account and collect on behalf of the creditor.

(in this case the DCA CANNOT initiate court action. A notice assignment informing the debtor of the assignment is sent by the credit and or the DCA.

 

By the sale of the debt to a debt purchaser who becomes the beneficial owner of the account and its data controller, the 'new owner' can take court action. A notice of assignment is sent outlining that the account has been sold to xxxxxxxxx an that they are now the legal owner of the account, and the rights obligations and benefits of the agreement.

 

The debt purchaser may choose to assign 3rd party debt collector to collect and or manage the account.

[dx100uk]

result then.

 

sri for not looking back

but i'm not on my usual system.

 

did we get all the statements to look for PPI/PENALTY charges?

 

dx

[pj2017]

Brigadier, thanks for your reply. I think I will just ignore communications from Robinson Way then, as they have only been assigned to collect it and just carry on paying. I'm not anxious to get a CCJ or charging order, and so I'm happy to pay £10 on an interest-frozen account and let the balance go down as long a they let me do that.

 

Dx: unfortunately, I stopped taking out PPI in the 1990s as I realised it was a con back then, and there was only ever one penalty charge of £12 on this account.

 

Thanks for your help.

[BRIGADIER2JCS]

The parent company of RW is pretty harsh so keep a careful check on CRA files, and post,.

[pj2017]

The parent company of RW is pretty harsh so keep a careful check on CRA files, and post,.

 

Thanks. I will.

[pj2017]

I got a letter from Robinson Way dated 31 August, saying

 

"we know you are determined to settle this account.... please pay £10 by September 5th"

 

- I think this is possibly an acknowledgement of some type that I have been in correspondence with Halifax,

and Halifax has probably passed the correspondence on to RW and they have accepted that I am paying £10 a month towards this.

 

I am already paying £10 a month, so the letter asking me to pay £10 seems odd - probably computer generated.

[BRIGADIER2JCS]

Keep paying Halifax.