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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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Mjm998

Halifax credit card mishandling complaint. No statements for 31 months

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A bit of a long one. Sorry!

 

I took out a credit card with halifax about 9 years ago

stupidly ramped up £14k debt.

I've paid off as much as I could since this time.

No defaults but paid late 5 times (by 2 or 3 days.)

 

 

in April 2014 halifax closed my account with no contact or reason.

At this time I phoned and said my statements had disappeared online and was just told my account was closed so I wouldn't be able to see them anymore. (I assumed they were allowed to do this. )

 

Since then I've phoned a number of time telling them I had no statements anymore and they gave me info on balance.

 

Last month a debt specialist told me they couldn't refuse me statements and were breaking credit agreements.

 

 

I've sent off a complaint

they came back saying they'd done no wrong

but sent me 3 years of photocopy statements showing that despite paying off at least 320 a month my balance is still shrinking by approx £5 a month.

My APR is 29.9 and minimum payment doesn't always cover the interest.

 

Halifax say they have not miss handled and offered ey £180.

 

 

I turned it down and they are considering my case.

 

 

Does anyone know Whether I have grounds to claim compensation?

 

Thanks for taking the time to read.

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Hello welcome to CAG.

 

Good ole shallowfax!!

 

Firstly STOP discussing this over the phone, you need to get a paper trail of evidence.

 

Secondly, check your credit file, see what is on there ref this account.

 

Send Halifax a SAR (£10) and get the complete history of this account, when they send you the SAR you can tot up all of the banks charges, levied on this account, and go about reclaiming them.

 

Are you in financial difficulty?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You dont have grounds for compensation but if they have levied any late payment or failed direct debit or overlimit charges, these are typically £12 a time, then you do have grounds for re claiming them, plus restitutional interest at the contractual rate (29.9%).

 

So, as BB advises, get a SAR sent to Shallowfax and dont forget a £10 postal order to cover the fee, they must send you everything inside 40+2 days


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if they did not send statements

they cant charge interest for that period.

 

 

were you getting regular notice of sums in arrears letters?

 

 

dx


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No,

I had no paperwork at all until I complained and did an SAR request last month.

 

 

Had 3 years of photocopied statements so far, nothing else.

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under section 78 of the consumer credit act they are obliged to send periodic statements

 

 

failure to do so means that they cannot charge interest during the period of non compliance.


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Thank you. That's really useful.

 

2 days after receiving my complaint, they rang and said they had broken no rules and would not be refunding anything.

 

 

She asked me

'what difference would statements have made to my handling of the account anyway?'

And offered me £180.

 

 

I refused and told her I that all communication should be in writing from this point.

 

I'm now just trying to arm myself for their inevitable refusal letter, so this is very useful.

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So, I've had a final response from halifax,

they've admitted that they withheld statements and that I phoned 'numerous' times and was wrongly told that I was not eligible to see a statement

 

. But they've said that this has made no impact on my ability to pay the debt and they will not repay any interest or charges.

They've offered £200.

 

(They have charged me £12,300 interest alone over the months of withholding any statements or account info)

 

do I have any case for furthering my complaint with the aFOS, or do I accept their offer?

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The fact theyve offered you anything so far shows they know theyre wrong, but they think offering you something will absolve them of all responsibility and make you go away. Sadly it works for the majority of people that issue complaints.

 

I mean think of it. They give you 200 and you stop complaining, or they have to wipe 12.5k off your debt ( or refund you) and suffer a massive loss.


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The fact theyve offered you anything so far shows they know theyre wrong, but they think offering you something will absolve them of all responsibility and make you go away. Sadly it works for the majority of people that issue complaints.

 

I mean think of it. They give you 200 and you stop complaining, or they have to wipe 12.5k off your debt ( or refund you) and suffer a massive loss.

 

So would my next step be FOS? They've admitted in writing they did mishandle, but basically say they don't believe that I had the ability to clear the debt anyway. Does that make me look bad?

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Might be an idea to ring and ask

Might alco be FCA too under the CCA conc rules too


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Might be an idea to ring and ask

Might alco be FCA too under the CCA conc rules too

 

Sorry, ring and ask who?

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Have they actually issued a final response?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Have they actually issued a final response?

Yes, this letter states I can escalate to the FOS but they don't believe that I could have paid anymore anyway so statements would not have benefitted me. they offer £200 as final settlement. They have admitted telling me I couldn't have statements on many occasions and wrongly marking my card as stolen and closing it/blocking statements without informing me.)

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But they can't charge into if they don't send account statements

Tell the fos


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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But they can't charge into if they don't send account statements

Tell the fos

I am getting all my paperwork together all will fill out the FOS form this week. (I have an autistic child who I probably need to be back at school to make sure I get this done properly.)

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Relax, the ball is firmly in your court, and AFAIK you have up to six months in which to escalate this to the FOS.

 

Shallowfax have IMO admitted fault, and know they're culpable, and are hoping you'll be gullible enough to accept their very insulting offer.

 

There's plenty of legs in this yet, and I think you can at least put another zero on the end of that for compo alone, least of all, have a huge chunk, if not all, of their fees wiped.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Relax, the ball is firmly in your court, and AFAIK you have up to six months in which to escalate this to the FOS.

 

Shallowfax have IMO admitted fault, and know they're culpable, and are hoping you'll be gullible enough to accept their very insulting offer.

 

There's plenty of legs in this yet, and I think you can at least put another zero on the end of that for compo alone, least of all, have a huge chunk, if not all, of their fees wiped.

Thanks, I really hope you're right, it would be nice to not be giving halifax all my didposable income.

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it's in the hands of the FOS now.

Thanks to you all for your help, will let you know how when I hear back.

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Excellent no worries.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just heard from the FOS and they've sided with Halifax saying that that £200 is fair compensation for 31 months of being refused statements so I'm guessing that's the end of the road for my complaint?! Thanks for all the advice

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Are you now getting regular statements ? Are you still paying monthly ?

 

Andy


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Yes,

I have kept up payments through 31 months of no statements.

They restarted last month.

 

 

The thing is,

I'm not sure the FOS has listened at all because she's explained to me how and why they never set a minimum payment of less than the interest added that month,

but I have copy statements that clearly show this.

 

Also this article

https://www.google.co.uk/amp/s/amp.theguardian.com/money/2014/aug/09/banks-scandal-personal-loan-errors-payout-refund?client=safari

Shows banks having to repay interest for wrongly worded statements,

yet FOS say halifax have don't nothing wrong in allowing me no statements and £200 for inconvenience is reasonable.

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Do you still have use of the credit facility or is it payment only status now ?


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It's Payment only now.

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