Halifax Overdraft charges and Default

[Dwen12]

hello All,

 

I am new to this forum but hope that I will get the required advice do deal with Halifax.

 

I had an account with Halifax with an overdraft facility of £1000 which I have used,

 

 

I had then finish university had no regular income coming into the account;

 

 

Since no income was coming into the account,

Halifax called me asking for the overdraft to be paid in full or they will close the account down.

 

 

the first time the call demanding the money was in September 2010,

during the conversation I promised to make full payment first week in November 2010 and

then followed it up with a letter telling them the same confirming the conversation

asking Halifax to confirm their happiness with the proposed payment terms.

 

 

in the absence of no reply from Halifax,

the money was paid in full on 1st November 2010.

 

Just recently I obtained my credit profile information from Experian and

realised that Halifax had recorded a default against me on 20th October 2010

just two weeks before I paid in full despite sending them a letter of proposed date of payment.

 

On 14th November 2013,

I wrote a letter to Halifax to remove the default from my profile

as it is not a true reflection of how I have managed my finances so far as the overdraft is concerned;

 

 

Halifax then replied by saying they are right to default me

as I have not made payment within the time frame they gave

and apologising for mistakenly applying charges to my account in excess of £125

and that to make up for it, they are given me £75 pounds for the inconveniences caused.

 

can Halifax default me even though I gave them a proposed payment date

and can I sue them for mistakenly applying charges to my account.

 

 

please help

[BRIGADIER2JCS]

Yes then bank default on the overdraft after demanding payment in full on a particular date, also you did not get their agreement to the later date you proposed.

[Dwen12]

well agreement was reached on phone but followed it up with a letter just to confirm the proposed arrangement and to get their confirmation as well for the records.

[BRIGADIER2JCS]

Did they confirm in writing? If not my guess is the person you spoke to was not authorised to make such an agreement.

[Dwen12]

if the person did not have the authorisation, why then did Halifax employ him to speak to me to claim the money? I believe that once there is an proposed arrangement in place, they should not place a default on my profile, that may be a clear breach of the lending code

[BRIGADIER2JCS]

Was this agreed in writing from the bank?

A proposal to pay after the 'demand' date will almost certainly result in a default placement anyway.

[Dwen12]

as a responsible lender, if a customer makes a proposal and you don't agree with it, you need to tell the customer, the letter was sent recorded delivery and luckly foe me I have a copy of the receipt and the original letter which was sent. In any case, they were suppose to sent me a default notice which they didn't not,

[BRIGADIER2JCS]

No DN required on an overdraft a 'demand for payment'/recall of the facility is what is required it seems you had this.

[Dwen12]

no letter at all only a phone call.

[dx100uk]

I think the only chance you'll have here is a BCOBS complaint

that it is rather 'unfair' that they marked your card

when you did make a promise to pay

 

 

they've done nowt 'wrong' sadly

letter or no letter, a creditor can place a marker on your file .

as this is what it is a 'marker' not a default.

 

 

dx

[Dwen12]

thanks dx100uk, is there ay template I can use?

[dx100uk]

click the bcobs link

see the RBS letter in blue

 

just adapt it to your circumstances

 

dx