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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
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Hayley1210

incredibly high penalty charges on OD- help

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Hello again,

I hope everyone had a great Christmas and new year.

 

I am slowly getting things under control here, and have payment arrangements in place with interest/charges frozen (for now) on most of my debts.

 

I am now having trouble with Halifax and the overdraft.

 

I was within my overdraft when I wrote to Halifax initially to express my hardship,

I advised that I could pay £20.71 a month and sent an I/e form in.

 

I received a letter from them advising that the payment was acceptable, and no further charges would be made to the account whilst it was bring passed to their customer debt dept.

 

Two months passed with no charges, except the account fee of £15 which took us into unauthorised overdraft anyway, but no overdraft charges were made.

 

Then in October full charges were made, totalling £45.

 

I immediately wrote to them saying if they were now adding charges,

I could only pay £1 and since then I have been paying £1 a month.

 

Since November, I have been being charged a daily rate of £5 for being unauthorised plus £15 a month account fee.

 

it annoys me that it is their fees alone that made me go into being unauthorised o/d but as you can imagine by 4000 overdraft is now escalating.

 

i know ultimately, I can try and claim everything back and am going to start a formal complaint and do sar that way.

 

I have wrote to Halifax numerous times, but no responses received since their initial letter.

 

today, I received a letter from SCM solicitors and panicked at first,

 

from this site, I was immediately calmed and reassured to learn that they are actually an in house tactic.

 

I am beng threatened with court action if I do t pay full o/d off in 14 days.

 

I love the way they think I am just sat here with 4,400 available desite only paying a £1 a month!!

Plus I didn't think you could be sued for an overdraft, but I'm probably wrong.

 

Could anyone offer any advice on what I should do next.

 

I can afford only £1 token payment at present, which they obviously will not accept :-(

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pers i'd start a BCOBS complaint

 

not on benefits paid to that A/C are you?

 

dx


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I moved from this account when I first went into difficulties and now have everything paid into a nationwide account. The only thing paid into the above now is £1 a month. I will start a complaint with bcobs - thank you so much :-).

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