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2 defaults one debt


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Hi folks,

 

Time is nearly up on my cca request i sent to halifax credit card. the tenth day is monday so they would have defaulted on weds - i cant wait lol.

anyways after being a long time reader and never really could be bothered to get anything done myself halifax went and took the royal pI55. I have approx 8k (was 14k) on my card and was quiet happily paying over the odds to clear it, then i get a letter stating that i cannot use my card any more :mad: then one the following day (only just after the intrest rates dropped to 1% i will add) saying my intrest rate was being risen to 24.9%:-x from the 9.9% it had been for about 8 years! - with no explanations on either!

I rang them up to question this and state that i understood that the cards needed to make a profit but this was not on, the bloke basically laughed and said its tough, our costs etc etc etc... so i hung up.

 

Its taken me a long while to get the bottle to confront them being very layed back and not wanting to cause problems, but when will these people learn! - that was the straw that broke the camels back, they have had about 25k over the years in intrest charges on that account from me!.

 

I have had my platium card since 2002 - never had a charge, the bulk of what was on the card was for house renovations that was being payed back rapidly, previously i purchased a car on the same card and repayed it back within 10 months. the thing rings of greed!

 

the funny part is i NEVER applied for the damned thing, i opened a new account with halifax with an overdraft and then this card appeared - so i took them up on thier offer, no paper work what so ever.

Im off to open a new bank account with another bank next week then i will send off the account in dispute letter, i set the cca request to the address thats on my latest credit card statment - is that correct or should it not matter, i know they recieved it the following day.

any pointers now would be brill, im a little nervous now with the constant barrage of calls people are saying they are recieving, oh well everyone has my mobile number - we will just disconnect the main phone until they recieve my not call letter after it starts.

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whoops, its 12+2 so friday they officially default on,

ive just done a natwest account online so hopefully if that goes though ok the halifax wont have a chance in hell of dipping into my accounts (which ive read many times they do on here!!!). just need to get rid of the overdraft so they wont swallow that.

 

im ready for the long haul now, its a matter of principle to me more than the actual debt. im just astonished that they would treat a customer this way after many many years (over 25 now) without ever changing banks. they maybe peed of that i dont have my mortgage with them.

 

do you think that was the correct addy to send it to, i have two addys on my bills the one i set the cca to was the

halifax credit card

the mound

edinburgh

eh1 1yz

the is printed on the back

 

but also there is another addy on front of the statments

halifax card services

ptreavie business park

dunfermline

ky99 4bs

 

it seems strange they have two addresses on there, will it still be valid (if not read by them lol) if it was suppose to be sent to dunfermlin?

i will keep you posted on my experances with my first dca.....:(

cheers

abm

 

just to add, another thing that really annoyed me is the online payments, i pay all my bills online and ALL barring the HALIFAX cc will do an instant payment (within 2hrs) but thier own credit card takes 5 days to process!!! my guess is they are trying to catch out the ppl on 4 weekly pay and late payers.

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update...

well not heard anthing from the halifax at all.

BUT......

Ive had my current account FROZEN!!

I made a large purchase on tues and had problems with my debit card, they had to ring though and get manual authorisation, then i went to the cash point and it stated that "your bank wont support etc etc" - i had previously used this point a number of time. then i went to my online banking and i have a balance of 4 figures with 250 over draft, and ZERO avalible funds!!!!

the large purchase (my last transaction on the account) has been taken and now they are holding my money to ransom.

ive yet to miss a payment EVER and the next one due is not to the end of next month, but i assume they have recieved my cca request - seen my application to another bank and are playing silly buggers.

 

Ive got an natwest application in at the moment, and only recieved the paper work this morning so i know its not the automation of the transfere of direct debits that caused this - they are yet to recieve my paperwork with the current bank details.

 

im heading off to the halifax local branch in the morning (if i get time) and will be having an almighty row with them. Due to thier utter greed they are now loosing mine, my wifes, all three children and my parents accounts (last one being an almighty amount).

 

Even though its against oft guidelines to freeze an account i would understand it more if i had actually missed a payment - though that dosnt make it right. but i suspect a complaint will now be winging its way to the halifax for its total disregard to its customers.

thought i would let you guys know, anyone else had this problem with this utter trash building society?

thanks

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well my account has been re instated, the woman at the help desk couldnt understand why it was frozen until i told her i was about to be in dispute over the credit card, she unfroze it there and then and i took all my money out of the bank.

I am about to send the in dispute letter, but could someone tell me if it matters or not were i sent the cca request?

Im assuming they recieved it as the tracker said it was delivered and my account was frozen but never heard anything back from them. i will also send the in dispute letter to the same address, the address i sent it to was the BOS in scotland (further up this thread).

thanks for all your help

 

edit, i also put in a SAR to claim back all the back charges ive had with this dreadful company, got a recipt from the nice young lady so it looks like i will be fighting them on two fronts now.

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Good luck with HBOS they are the absolute pits to deal with, they believe that the law does not apply to them and ignore it accordingly.

 

Be prepared for constant phone calls and threatograms, you will if you have not already come into contact with Blair, Oliver & Scott Ltd or Blind, Orrible & Stupid, HBOS in house collections morons.

 

Follow the advice on here and post up what they send you, in my experience to date Halifax will be very unlikely to have an enforcable credit agreement.

 

Good Luck

 

ska

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hi another update-

 

just FINALLY got a reply drop though the letter box about 10mins ago.

 

guess what, they sent me my credit card agreement - not the original but a print of thier terms with my name put in. i will put a copy of this up when the twins go to sleep in about an hour.

 

the cheekybarstewards they quote "We will not be entering into any further correspondance with you regarding the requirements relating to the provision of copy agreements".

 

excellent so they wont be calling or writing now when i dont pay them!!!

i need a letter to tell them to bogoff and i also want no call / home visits, anyone got a letter that covers that lot? or would i be better off just sending the lot in one lot.

from looking around on the board it looks like they DONT have a copy of my cca

i will post up what they sent me (just the front pages as there is loads).

cheers

abm

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this is what i originall sent them-[

 

 

CODE]This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully[/code]

 

 

page 1

 

cca1.jpg

document 1 - ive just scanned the first page, there is a lot of pages on both sides

cca2.jpg

document 2 same as document 1 nearly

cca3.jpg

 

now correct me if im wrong, they have not satisfied my request at all, there is no signature and the agreement is not in 4 corners of the page.

thanks for your help

abm

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I had the same thing as this as have many others. I believe they may have complied with sec 78 but it is still not an enforcable agreement :)

 

About three weeks after receiving the above my account was passed to Robbers way which suggests they probably do not have an enforceable agreement!

 

ska

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  • 4 weeks later...

just a quick update-

 

well its been quiet atm, my payment was due on friday i think, i feel really bad not paying it, but then again .........

they have had the account in dispute letter for a good couple of weeks now so know they wont be recieving payment towards the account. im dreading tomorrow now - i just know that phone is going to start ringing. if its gets that bad i will invest in a truecall.

one good thing is the payment i was suppose to use for the card has gone towards buying an new car for my wife, wont take us long with the amount i was paying halifax everymonth.

I suppose it will be blair oliver and snot that will be harrasing me over the comming weeks now.

i will keep you posted.

abm

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Oh well its started, we have had about 30 calls on the land line, and a lovely letter stating that i have an outstanding balance and they are good enough to put late charges on etc. where do these people come from, dont they realise what ACCOUNT IN DISPUTE means. im sending them a harrasment by telephone letter tommorow and will also include a bog off letter. i think a complaint to the oft may well be in order now as they have completly ignored my cca request and my letter of dispute.

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sticking their fingers in their ears and singing La la la la la

That is SUCH a good analogy! :D

How else could you explain me getting a letter from a bank stating

"Thankyou for your letter of 14th March" in the first paragraph (sent in response to their threatogram sent 11th March)..

Followed in a later paragraph by "we also wrote to you on 21st March as we had no response to our letter of 11th March"

So..they responded to a letter regarding my response to their letter to which they'd had no response...

 

Do bats eat cats?

do bats eat cats?

do b................

"

"

"

"

:eek:

 

Elsa x

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That is SUCH a good analogy! :D

How else could you explain me getting a letter from a bank stating

"Thankyou for your letter of 14th March" in the first paragraph (sent in response to their threatogram sent 11th March)..

Followed in a later paragraph by "we also wrote to you on 21st March as we had no response to our letter of 11th March"

So..they responded to a letter regarding my response to their letter to which they'd had no response...

 

Do bats eat cats?

do bats eat cats?

do b................

"

"

"

"

:eek:

 

Elsa x

 

 

Now keep it together Elsa. Too much sun or wine methinks.

 

I have spent the weekend fuming over these people. They all seem to be morons, but I suspect that they enjoyed their weekend. One letter from Halifax declared that as they did not think that there was a dispute, then there was not one. Well thats ok then. I did take the time to write to them and point out that a dispute is not a one sided affair.

 

Vint

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excellent tip with the phone numbers, ive edited mine - my home is now just a load of zeros, but my mobile is now some date line number i found in the back of the paper at a cost of £1.50 pm.

didnt get round to sending the telephone harrasment letter today hopefully i will get it done tomorrow.

spot on there with them sticking thier fingures in thier ears, i can imagine the whole call centre doing that when any cag member calls.

in the mean time we have had about 15 calls today - ive checked though our caller log on the phone and its totalled 54 since thurs, now if that not harrisment im not sure what is.

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  • 3 weeks later...

update,

hi people, its been very quiet around here since i done the change of number. anyways this morning i recieved a letter from the bank of scotland saying they had now taken the money out of one of my accounts. ive been waiting for that account to close and all it had in there was enough money to cover any straggling direct debit that havent yet made it to my new account. this account has been in dispute now 26th may 2009 -

ive rang up the number (yes i know) but funnily enough i didnt get any pressure, i explained the problem but said he couldnt do a thing i would need to speak to customer services. i then got some dragon saying about the terms and conditions that they can take etc etc etc, i stated to her that there were no conditions as they have failed on my legal request but she must have been thick so i gave up and put the phone down.

 

so they have illegally taken money from my account, is this a case of reporting the thieft to the police or do i need to take this the legal route. the account i was hoping would have been closed a long time back but transferre of banks is a long drawn out process.

who would i need to report this too.

i will scan the letter they sent later.

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Just read ur first post....mine was something similar, I went in because the machie outside my local Halifax swallowed my debit card, the nice lady that served me took me into a nice provate room and issued me with a new debit card and a nice new Credit Card that she infomed me I had also qualified for!!

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sorry about that i couldnt get my scanner working for some reason so had to take a photo, it seems readable

cheekyscumbags.jpg

 

im going to ring the FOS tomorrow as the halifax have failed a number of times to even acknowlege they have a dispute, failed to provide me with any complaints proceedure, i really hope they go bust.

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wish you the best of luck,as stated earlier in your thread" be set for a long hall" after 5 months of letters and really P......d off have a SAR with Halifax at the moment.Keep reminding them they are in default take the SAR route you should get a copy of the signed agreement(not that you want one) their inhablity to supply a signed copy should be revealed.Halifax seem to think they are always right but I can assure you the letters you have received are all standard replies.You can win did this with Natwest took the same amount of time and won.The most recent letter"As you have not made a satisfactory proposal" letter "simply reply you are in default(keep reminding them I no its a Pain ) ,list all the actions they cannot take .Go the SAR route..........Firstship

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  • 5 weeks later...

Another update

it has been quiet around here, no phone calls just the occasional letter telling me to pay.

went away on holiday last week and when we returned this was on our doorstep

 

Save1.jpg

 

included was a copy of all the stuff they sent before, no signed copy of the credit agreement. funny they seem to think they still have the right to take my first born without it.

any pointer on which direction i should take now or just ignore them - they have admitted they dont have a copy of the agreement in this letter - and yet they still want to process my information!!!

cheers

abm

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hi ABM,

Result! Keep that letter safe forever.

What rubbish they spout!

Their letter is contradictory:

...prevented from seeking an enforcement order from the Court...

fudge fudge..should this matter proceed to court..

It won't.

The only court involved here is the one that your ball's now in :)

Your choice

..ignore and field off any subsequent attempts by them or DCA's by reminding or informing them of no agreement

..pursue them for removal of the CRA default

..negotiate for full & final or reduced interest free payments (more effective further down the line methinks)

 

Personally I'd go with the first choice..but my Credit Record's shot anyway!

Just my opinion...Any other suggestions, Caggers? :)

 

Elsa x

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