is this loan enforceable?

[gfam64]

Halifax Loan Complaint

 

On the 20th April 2011 I took out a loan with the Halifax bank, on this date a 1hr to 1 and a half hr appointment had been booked to go through all the information about the loan, as set out in the terms and conditions (at this point the bank was aware I had never taken out a loan before.) Unfortunately on this date when I attended the appointment I was told that we could not proceed with the appointment as the Halifax were being taken over by Lloyds all the computers were down. I asked if that meant I could not have the loan today as agreed? The lady dealing with it, if I remember correctly rang someone, then came back to me and said yes we can release the funds into your account today, you will just need to sign this form where the crosses are (this was the personal loan application form, I have photocopied and included with this letter, you will note on the first page there are no signatures in the boxes, protecting your payments, this was because this had never been discussed, as had not any of the loan information in fact I was not even advised to read through the loan agreement , just asked to sign where the crosses were) I am sorry I cannot go through all the information with you today, but we do need to go through this information to discuss the implications of the loan, she did stress that it was important, so we agreed to reschedule the appointment to 7th May at 10,30 with Karen the financial advisor to discuss the implications of the loan and responsible lending. , when the lady said that everything should be back to normal. Later that week , the lady rang me to cancel the appointment, and I cannot remember if we made another, or if she asked me to call and make an appointment, when I knew when I could come in.? Unfortunately this appointment never took place.

On May 30th 2012 I was made redundant and could no longer afford the repayments, I did not know if I had cover on the loan, so went to the bank and asked, they told me to ring the loan no. which I did but was told I did not have any cover. I was advised to go to a debit charity company (stepChange) by the citizen advise bureau and explain my situation, this I did and they helped me to set up an agreement with the bank to pay £1 per month until I could afford to pay more.

In November 2012 I contacted the bank and told them I had found employment and arranged to set up my payments again, I was then told that as my account was now in arrears I had to arrange to pay this off, so we agreed to pay £25per month in addition to the regular payments of £223.28 per month and that they would contact me in 6mths time to review this to see if I could make any additional payments. Since then I have had nothing but trouble from the bank , ie, numerous letters stating that I have missed payments. (which my bank statements will confirm, I never missed a single payment). In Dec 2012 Halifax debited £1200 from my account, without permission, when I complained, I was told it was because I had missed a payment, again not true, I was then given an apology and reimbursed, but continued to get the missed payment letters, at one point I noticed on the letters received that the account no was different. I informed the bank, they acknowledged the mistake and apologised, but the letters still kept coming, I was sick of having to write letters of complaint or ringing the bank. Then on the 4th June 2013 £3,983.74 was debited from my account, i went into the bank in a panic thinking my account had been hacked, to be told it was the Halifax that had taken the money, as I had not meet my repayments. You cannot begin to imagine the stress, frustration and anxiety this was causing me. After complaining yet again I was told it was a company called Blair Oliver and Scott a debt collectors (whom I had never heard of) that had taken the money from my account, after many telephone calls and investigation, the money was reimbursed and another apology given, but I was then told I had to set up a repayment plan with this company to clear my arrears, which I could not believe as I was still making the regular payments, when i go into the bank yet again I discover the payments I have been making were to a company called Albion but had the exact same account no and sort code as the company Blair Oliver and Scott, but it was not called Blair Oliver and Scott was not recognised as me making payments, so the cashier at the bank and myself decided on the 29th June 2013 just to change the name from Albion to Blair Oliver and Scott, but still kept the exact same account no and sort code.

As this problem had gone on for so long and every time I had tried to sort out the problem, The Halifax made yet another error, I decided to contact the Financial ombudsman, I was at the end of my tether after 7 months of hell.

I explained what had happened to the Financial ombudsman, and have let them try to deal with it, but was advised to write to the bank to ask them to continue taking the monthly payments of £223.28 From my account until the matter was sorted out, as I was afraid of getting into more debt. I did write this letter and explained that I wanted the bank to continue taking payments and that I was not in any way refusing to pay. This letter was ignored and the Bank did NOT continue to take the payments, hence I am now in an even worse financial situation.I have received the reply from the Financial ombudsman with their recommendation. To which I do not agree, as firstly it does not include my complaint about receiving the relevant information prior or even after the loan agreement, ( it may be that I did not stress this point accurately enough at the onset of the complaint?) the letter recommends that the Halifax Bank will remove the default from my credit file on the condition that my arrears is paid in full, (which is now £2,422.36 thanks to the Halifax) first of all the default should never have been put on my account, firstly because I have not missed a single payment, also because as stated in the ombudsman letter “The Halifax did not allow me to continue with my agreement, as it cut it short and transferred you to a collections .It is my understanding that you always intended to repay the arrears in full and took action to do so, so a default does not adequately reflect your management of the account”.

As for the £100 compensation offered for the stress and inconvenience caused for almost 12 months now, I find insulting

Also most importantly since receiving the ombudsman letter I have looked up the consumer credit Act 1974 and revised act 2010, which clearly state that credit information should be disclosed to the borrower BEFORE they enter into a credit agreement, this was not done either before or after. Therefore the Halifax bank have acted illegally, the credit act also goes on to stipulate many requirements, and if these requirements are not followed the agreement will be unenforceable without a court order. I should also have received a copy of the loan agreement, which I do not have. (I have had to apply to the bank to be given the copy enclosed)

As this is currently being dealt with by the Financial ombudsman I am happy to continue, however if I do not receive what I believe to be a fair and satisfactory resolve, I will be taking legal action. As I do believe the Halifax Bank have not only acted illegally, but have made an unacceptable amount of errors and mistakes, and caused me to be in a lot worse financial situation, not to mention the stress, anxiety and countless hours spent trying to sort out the banks numerous errors.

If I had been given all the information and implications necessary prior to taking out this loan, I may have chosen not to take out the loan at all, or at least to have taken out protection insurance cover.(I have copies of most of the letters sent and received from the bank, debt collecting agencies and ombudsman. Also diary entries of appointments. if there are any you would like to see)

Hi My wife has ahd 12 months of hell from Haliax as detailed below....

Can any of you advise of the enforceability or offer other advice on this loan.

regards.

[dx100uk]

can you please add some line breaks and blank lines

 

use the edit post icon in the grey toolbar below the above post

 

dx

[gfam64]

Halifax Loan Complaint

 

On the 20th April 2011 I took out a loan with the Halifax bank,

 

on this date a 1hr to 1 and a half hr appointment had been booked to go through all the information about the loan,

as set out in the terms and conditions (at this point the bank was aware I had never taken out a loan before.)

 

Unfortunately on this date when I attended the appointment

I was told that we could not proceed with the appointment as the Halifax were being taken over by Lloyds

all the computers were down.

 

I asked if that meant I could not have the loan today as agreed?

The lady dealing with it, if I remember correctly rang someone,

then came back to me and said yes we can release the funds into your account today,

you will just need to sign this form where the crosses are

 

this was the personal loan application form, I have photocopied and included with this letter,

you will note on the first page there are no signatures in the boxes,

protecting your payments, this was because this had never been discussed,

as had not any of the loan information.

in fact I was not even advised to read through the loan agreement ,

just asked to sign where the crosses were)

 

I am sorry I cannot go through all the information with you today,

but we do need to go through this information to discuss the implications of the loan,

she did stress that it was important,

 

we agreed to reschedule the appointment to 7th May at 10,30 with Karen the financial advisor

to discuss the implications of the loan and responsible lending. ,

when the lady said that everything should be back to normal.

 

Later that week , the lady rang me to cancel the appointment,

and I cannot remember if we made another,

or if she asked me to call and make an appointment,

when I knew when I could come in.?

Unfortunately this appointment never took place.

 

On May 30th 2012 I was made redundant and could no longer afford the repayments,

I did not know if I had cover on the loan,

 

Went to the bank and asked,

they told me to bring the loan no. which I did but was told I did not have any cover.

I was advised to go to a debit charity company (stepChange)

by the citizen advise bureau and explain my situation,

 

this I did and they helped me to set up an agreement with the bank to pay £1 per month until I could afford to pay more.

 

In November 2012

I contacted the bank and told them I had found employment and arranged to set up my payments again,

I was then told that as my account was now in arrears I had to arrange to pay this off,

 

we agreed to pay £25per month in addition to the regular payments of £223.28 per month

and that they would contact me in 6mths time to review this to see if I could make any additional payments.

 

Since then I have had nothing but trouble from the bank ,

ie, numerous letters stating that I have missed payments.

(which my bank statements will confirm, I never missed a single payment).

 

In Dec 2012

Halifax debited £1200 from my account, without permission,

when I complained, I was told it was because I had missed a payment,

again not true,

I was then given an apology and reimbursed,

but continued to get the missed payment letters,

 

at one point I noticed on the letters received that the account no was different.

 

I informed the bank, they acknowledged the mistake and apologised,

but the letters still kept coming,

I was sick of having to write letters of complaint or ringing the bank.

 

on the 4th June 2013 £3,983.74 was debited from my account,

i went into the bank in a panic thinking my account had been hacked,

to be told it was the Halifax that had taken the money, as I had not meet my repayments.

 

You cannot begin to imagine the stress, frustration and anxiety this was causing me

 

After complaining yet again

I was told it was a company called Blair Oliver and Scott a debt collectors

(whom I had never heard of) that had taken the money from my account,

after many telephone calls and investigation,

the money was reimbursed and another apology given,

 

but I was then told I had to set up a repayment plan with this company to clear my arrears,

which I could not believe as I was still making the regular payments,

 

when i go into the bank yet again I discover the payments I have been making were to a company called Albion

but had the exact same account no and sort code as the company Blair Oliver and Scott,

but it was not called Blair Oliver and Scott was not recognised as me making payments,

 

the cashier at the bank and myself decided on the 29th June 2013 just to change the name from Albion to Blair Oliver and Scott,

but still kept the exact same account no and sort code.

 

As this problem had gone on for so long and every time I had tried to sort out the problem,

The Halifax made yet another error,

I decided to contact the Financial ombudsman,

I was at the end of my tether after 7 months of hell.

 

I explained what had happened to the Financial ombudsman,

and have let them try to deal with it,

but was advised to write to the bank to ask them to continue taking the monthly payments of £223.28

From my account until the matter was sorted out,

as I was afraid of getting into more debt.

 

I did write this letter and explained that I wanted the bank to continue taking payments

and that I was not in any way refusing to pay.

 

This letter was ignored and the Bank did NOT continue to take the payments,

hence I am now in an even worse financial situation.

 

I have received the reply from the Financial ombudsman with their recommendation.

To which I do not agree, as

 

firstly it does not include my complaint about receiving the relevant information prior or even after the loan agreement,

( it may be that I did not stress this point accurately enough at the onset of the complaint?)

 

the letter recommends that the Halifax Bank will remove the default from my credit file

on the condition that my arrears is paid in full,

(which is now £2,422.36 thanks to the Halifax)

 

first of all the default should never have been put on my account,

firstly because I have not missed a single payment,

also because as stated in the ombudsman letter

 

“The Halifax did not allow me to continue with my agreement,

as it cut it short and transferred you to a collections .

It is my understanding that you always intended to repay the arrears in full and took action to do so,

so a default does not adequately reflect your management of the account”.

 

As for the £100 compensation offered for the stress and inconvenience caused for almost 12 months now, I find insulting

 

Also most importantly

since receiving the ombudsman letter

I have looked up the consumer credit Act 1974 and revised act 2010,

which clearly state that credit information should be disclosed to the borrower BEFORE they enter into a credit agreement,

this was not done either before or after.

 

Therefore the Halifax bank have acted illegally,

the credit act also goes on to stipulate many requirements,

and if these requirements are not followed the agreement will be unenforceable without a court order.

 

I should also have received a copy of the loan agreement,

which I do not have. (I have had to apply to the bank to be given the copy enclosed)

 

As this is currently being dealt with by the Financial ombudsman I am happy to continue,

however if I do not receive what I believe to be a fair and satisfactory resolve,

I will be taking legal action.

 

As I do believe the Halifax Bank have not only acted illegally,

but have made an unacceptable amount of errors and mistakes,

and caused me to be in a lot worse financial situation,

not to mention the stress, anxiety and countless hours spent trying to sort out the banks numerous errors.

 

If I had been given all the information and implications necessary prior to taking out this loan,

I may have chosen not to take out the loan at all,

or at least to have taken out protection insurance cover.

 

(I have copies of most of the letters sent and received from the bank,

debt collecting agencies and ombudsman.

Also diary entries of appointments. if there are any you would like to see)

 

Can anyone please advise?

Thanks

[BRIGADIER2JCS]

My guess is this will need to be sorted out in court as the funds been used and payments made to the account contesting the validity of the paperwork more than two years after the loan was taken out will I think be a problem.

[dx100uk]

seems like your issues are two fold

 

one.

there is PPI & PENALTY charges to reclaim here

 

second.

 

they have now treated you fairly under BCOBS I suspect.

 

third

 

to clarify

 

albion are Halifax/Bank of Scotland

 

Blair Oliver Scott {BOS] are bank of Scotland too!

 

so its remained in-house all along

and various 'advisors or cashiers, have sort of led you astray..

 

as for the fact that its now lloyds, that was a sort of a fib as well.

 

have you got ALL the statements etc

 

if not i'd be sending HBOS an SAR.