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Cabot/reston claim form - Old Halifax Overdraft


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You can let the DCA know you're disputing charges on the overdraft.

 

Most overdrafts aren't covered by the CCA 1974.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Hiya

 

Justt a quick question guys

 

Ive sent of a CCA & SAR request as advised, just wondering when the clock officially starts to tick, is it from the date that royal mail track and trace says the letter has been signed for ??

 

Thanks x

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Yes. You may find that some DCAs come up with some drivel about 'it takes 3 days to reach the right department', but that's their problem, not yours.

 

Surely you mean the right bin :p

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...

I recently sent off a CCA request to Rockwell DCA in relation to an unsecured loan with Halifax which I took out in 2002. Although I hadnt made any repayments since 2002, unfortunately I had acknowledged the debt in writing since then hence not being able to go down the statute barred route.

 

Anyhow, the 12 pus 2 days are up at the end of this week and as yet my £1 cheque has not been cashed, I sent the request recorded delivery so know that my letter has been received, Im just wondering what to do after the 12 plus 2 days has passed and my cheque still hasnt been cashed or CCA received?

 

Never been through this process before so bit clueless !!

Thanks x

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Not to worry really.

They have your legal request and until such time as they comply your debt is in dispute.

If they demand payment from this point on then we'll deal with it.

Be VERY careful whose advice you listen too

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Or if they don't have the document they shouldn't take the fee for providing it and may even return the cheque (has happened to me before), also I have known CCA cheques take a while to be cashed, I have visions of a group of DCA monkeys stood round it scratching their heads !!! Still at least they didn't cash it right away and try the old "thank you for your payment to the debt" routine

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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I recently sent off a CCA request to Rockwell DCA in relation to an unsecured loan with Halifax which I took out in 2002. Although I hadnt made any repayments since 2002, unfortunately I had acknowledged the debt in writing since then hence not being able to go down the statute barred route.

 

Never been through this process before so bit clueless !!

Thanks x

 

Exactly how, but more imprtantly WHEN did you admit this in writing, and to whom?

 

Remember, once a debt is statute barred, it remains statute barred - even if a payment or acknowlegment is made.

Just hate every DCA out there

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Thanks everyone for ur thoughts etc. I admitted the debt in writing {typed} in Jan 2005 as advised by national debtline at the time. I was requesting for the debt to be written off due to a change in my personal circumstances {long term ill health / unable to work} and didnt realise that by contacting them in writing was the wrong thing to do.

 

I sent a stat barred letter a few weeks back and they sent me a copy of the letter i had sent them so was advised to try the CCA route instead.

 

Guess I will just have to wait and see what happens from now x

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Hi

 

I had a DCA chasing me for an overdraft of just over £800 dating back to 2002 from Halifax plc, although I hadnt made any payments towards the debt I did contact a previous DCA in 2005 in writing basically stating I was unable to repay due to not being able to work through ill health etc.

 

Another DCA {rockwell} chased me this year for the debt, I tried the statute barred letter but unfortunately they were able to supply me with a copy of the letter I had sent to a previous DCA and I was advised on here to request a SAR for the overdraft account.

 

The copies of my bank statements have arrived this morning, just wondered what I need to be looking for in them and really where I go from here.

 

Any advice greatly appreciated

Thanks x

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In 2005 I wrote to the DCA at the time explaining I was unable to pay the debt at all due to my not working through ill health

I was asking for the debt to be written off in view of my circumstances.

 

 

I was ignored by that DCA and it was passed on to rockwell this year.

 

 

I sent them the statute barred letter and they came back with a copy of the letter in 2005 which i had written to the previous DCA.

 

Looking through the statements sent to the halifax there are NO charges that appear anywhere from 1997 - 2003

- that itself is incorrect as I have had previous bank charges,

the transactions were all authorised even though I was over my agreed overdraft limit

and just show me going into a debit figure of £800?? yet obviously these transactions should have declined.

 

Also on the statements there is no mention of any agreed overdraft amount like there usually is so that seems a bit odd.

Hmmm not sure where to go with this last few transactions that i def made was 10th Sept 2002 a payment of £10,

there are 3 transactions made in 2003 for "credit transfers of £9" but I did not do these as I had long stopped payment by then.

Last date on statement os 26 Jun 2003 for a credit transfer of £4.

 

Am very confused :confused:

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Ok not sure where I go from here - my overall goal wasnt to claim the charges back, just to make myself no longer liable to repay the overdraft money. The account went into arrears on 3rd April 2002 , last repayment by myself was 10th Sept 2002 and default was issued Dec 2002 and the debt has obviously since been sold on.

 

What can I / should I do next?

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Hi guys

 

The 12 plus 2 days is up today so provided I dont get a letter in the next few days dated today what do I do? Is it a case of just waiting if anything arrives and challenging them if they demand payment?

 

Cheers x

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If im right - please check - but from 11th sept 2008 (next month) this becomes statue barred under the 6 year rule.

Have a search for statue barred debts you might get lucky!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

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All I sent off for a SAR for an overdraft debt on an old debt with halifax plc. The debt has been passed to several DCAs since it originated in 2002 but although I havent made any payments I did unfortunately acknowledge the debt in writing in 2005 so cannot go down the statute barred route {already tried this and failed}

 

I simply cannot afford to repay this overdraft {£800} as I am no longer able to worth through ill health. Im not particularly interested in claiming bank charges back for myself but had hoped maybe if I took that route then the debt could be cleared using any unlawful charges.

 

Anyhow I received the SAR details which is basicallly 10 years of bank statements, having sifted through them Im puzzled that not anywhere is a single bank charge detailed - that was not the case,had many but how would i prove that so many years later??

 

My account went into an unauthorised overdraft due to debit card payments being authorised when they basically shouldnt have been, that alone trigerred charges, but as I say non are showing.

 

Also the previous statements used to show what if any overdraft was set up on each account in the header / balance summary section at the top of each statement, there is NO information on there to suggest I even had an agreed overdraft.

 

I stopped using the account in April 2002 due to the charges and interest etc, I made a payment of £10 in September 2002 but nothing since, the account was defaulted by Halifax december 2002. The statements however show 3 transactions made in 2003 detailed as "credit transfers" two of these were for £9 and the last final transaction for £4 {26/06/03}. I did not make these transactions in 2003 and didnt have any other accounts with halifax where they could have taken the money from.

 

Im really confused as to where to go from here and what to do, I simply want to try and get the above overdraft written off or repaid from any of the bank charges I did incurr yet arent showing??????

 

Help ?? x

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I'm not sure of the answer to this....but if you post this in the bank charges forums (I'm sure there is one there for the Halifax), then others who have had Halifax accounts may be able to add some input....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hiya

 

I'll try and keep this as brief as possible. Im being chased by a DCA for an overdraft debt {halifax}

 

The account went into debt in april 2002 and the last payment i made towards the debt was in sept 2002, the bank issued a default in dec 2002.

 

I tried to use the statue barred letter but the dca was able to produce a letter i had sent in 2005 to a previous dca acknowleding the debt and asking for it to be written off due to financial hardship.

 

It was then suggested i send a SAR - I did this and they sent me a list of transactions only not any details of charges. Looking at the transactions, there are 4 credit adjustments applied to the account in 2003 for £9 each, i did not do these transactions as i had stopped using the account and banking / saving etc with the bank in 2002.

 

I ve sent off another letter requesting that they send me full details of the charges etc to comply with the SAR.

 

My goal is to get this debt written off some how {if poss}, im unsure if the SAR route is the best for me as from what i have read I can only claim bank charges dating back 6 years and i have just passed this deadline so wont have anything to claim back........ if that makes sense.

 

I just dont know what to do from here

Any suggestions? x

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  • 3 weeks later...

Hi

 

I had an overdraft with HFX which went into arrears April 2002, i tried to make some repayments until Sept 2002 but since then havent repaid anything. The total amount owing is just over £800.

 

HFX issued a default notice dec 2002 and have since sold debt on. In 2005 I acknowledged debt in writing to a DCA explaining my inability to repay and requesting that debt was written off. Its since been passed to another DCA so I tried a statute barred letter a few months back butthey were able to provide me with a copy of the letter I had written to the previous DCA in 2005. It was suggested on this site that I S.A.R - (Subject Access Request) the halifax and look at the charges on my account.

 

I did this and received a copy of bank statements only for a 10 year period, the statements however did not detail any charges which is incorrect, I had asked for charges, interest and manual interventions to be supplied to me in my initial S.A.R - (Subject Access Request) request. I wrote back to HFX re this missing info and asked them to supply me with the information and reminded them of the amount of days they had left to comply.

 

The 40 days is up on Monday and as yet I havent heard back from them, if I dont and we move past the 40 day period - what should my next course of action be? My main objective is to make myself no longer liable for the outstanding debt and for the matter to be closed - not looking for finacial gain/reimbursement for myself.

 

Im completely new to this so could do with some advice / guidance if poss please.

 

Thanks x

Edited by masjntt
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Hi, first time we have met up I think. Sorry to hear about problems you are having.

 

Lets get it sorted and point you in right direction. They are in breach of their requirement re S.A.R - (Subject Access Request) and data protection on day 41. I would not bother chasing them up.

 

Remembering golden rule, everything in writing. Make a complaint to Information Commission. Here are the details

 

This covers your rights

 

The Data Protection Act (DPA) 1998, data protection policy - ICO

 

 

this link gives details of how to make a complaint and the complaint form is available there too.

 

Complaints about data protection policy - ICO

 

This gives further information

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/dp_how_to_complain_final.pdf

 

Good luck and please keep us posted. Ask if you need further assistance.

Edited by kennythecelt
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Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Thank you Kenny for ur advice and links etc, I was getting a bit confused with all the available info etc and had thought my next step would had been to send a Letter Before Action / LBA rather than complain to the Information Commission so Im glad you answered my post x

 

Will continue to pursue this in writing only, thanks again for your help and will update this thread accordingly

 

Have a good weekend x

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