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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Reclaim Halifax Loan and Mortgage Charges


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Hi all,

 

I had an £8008 + interest bank charge claim rejected by Halifax in 2009, but I have heard that some hardship claims have been upheld.

I was in serious hardship during that time, and lost a house.

 

3rd charge on the property for 25k with Halifax 2006 within 6 months of the above loan.

Charges throughout the life of the loan.

Same question as above.

 

While things are much better now, I would still like to pursue them somehow, as they definitely added to my troubles at the time.

Does anyone know how I go about re-starting my claim?

Halifax are not interested.

 

Also (might be the wrong thread for this but) I have a secured loan with Halifax, on the property I own.

I've just looked at the paperwork and the property it says it's secured on, is a former property I lived at.

That property was repossessed

. Is there any issue regarding enforcebility as the paperwork does not correspond to my current address?

 

And finally, did I read above that charges on bank loans and credit cards CAN still be contested?

 

Any and all feedback is appreciated.

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Hi DJF,

 

Seeking redress about historical Financial Hardship is not likely to succeed. Best done during ongoing FD is my advice and opinion.

 

Penalty charges on credit cards, bank loans, catalogue a/c's, etc should always be reclaimed.

 

Start a new thread in the appropriate forum and you'll get advice and support.

 

:-)

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  • 1 year later...

Hi.

 

Can anybody give me a definitive answer as to whether bank charges can be reclaimed?

 

I have 2 historic cases which the banks refused following the 2009 ruling,

1 for 12000 (including interest at the time) and

one for 4000 also including interest upto the date I chased them, which was a few years ago.

 

Both have said that the ruling made the charges legal,

despite me being able to demonstrate financial hardship,

in losing my home,

and subsequently seeking medical help from my GP to stay sane.

The larger claim I did refer to the ombudsman but missed the 6 month deadline.

 

 

The smaller claim,

no deadline has been issued so far,

but I havn't re-visited the claim for a while.

 

I just want to know if I should continue to pursue or not.

And if anybody knows any solicitors that would pick up these cases.

 

I am no longer in financial hardship, but at the time, things got pretty bad, or dark, is probably a better description.

 

I'd also like to know if charges on loans and mortgages can be reclaimed

 

Any constructive help appreciated,

 

Cheers.

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  • 2 years later...

Hi, 

I have 4 questions:

 

1, Is reclaiming charges on Mortgages and/or secured personal loans, a possibility?

Can it be done or did it disappear with Bank Charges in 2009? 

 

2, Does anyone know a financail agreement auditor to check for anomolies and breaches within loan agreements in line with CCA 1974?

 

3, Can anyone name some typical breaches (by lenders) of the CCA1974 from agreements pre-dating 2006?  

for example irresponsible lending, charges, Capitalisation of interest, Nosia etc. 

 

4, What is capitalisation of arrears?

 

Thanks in advance

 

 

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sounds like you have a welcome finance secured loan...? or it it Halifax?

 

yes you/we can do all those

 

spill the beans please

 

ah i see you've sort of travelled this road before... 

 

so where did you get too anywhere?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ha,

excellent!

 

I have Halifax (secured loan),

Santander Mortgage (ending in repossesion for 3k of arrears 🙁)

Nemo (secured Loan)

Ascenden (current mortgage)

 

They're all still 'live' and well-maintained (not missed a payment for 5 years) but nearly sent me to an early grave back in the day.

I'm looking to make sure they've behaved correctly and lawfully. I know I have. 

 

Yes I've been here before but didn't really get anything solid (as I recall).

 

Latest jab at me is this.

 

I've clawed my way back from the brink over the last 13 years and got myself into a position where I had a 999 credit rating.

 

Halifax decided last year in June to report to experian that I'd missed a payment. I hadn't.

 

I have 2 phone conversations recorded with their operatives telling me I haven't missed a payment for (at the time) 4 + years. 

 

Their report of a late payment caused my credit score to drop to (poor) 400 ish, essentially setting me back 5 years in my recovery from the recession.

 

this means I'm not not able to get a mortgage to get rid of Ascenden, or move forward in any other way.

 

So now I've really had enough.

I'm currently writing a letter of complaint regarding the above, but I want to hammer them (and Santander and all the rest of them) 

 

I'm semi-clued up but I'd really love (and be happy to pay) an expert to audit all my SAR's and give me the bullets to fire....

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What is capitalisation of arrears?

 

The practice of recalculating mortgage payments to include any outstanding arrears is known as "automatic capitalisation".

In effect it means that some customers may have been paying twice for going into arrears: Once through higher monthly mortgage payments, and once through separate payments to clear the outstanding debt.

 

With regards to Mortgages pre 2006...most were unregulated and therefore not covered by the CCA1974....it was only the abolition of the 25K threshold amendment of the CCA2006 that brought today's mortgages regulated under the CCA1974.

 

Andy 

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Urm..im a bit puzzled as to why one late payment can kill a credit fule so far.

What else is on there any current running credit??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Andy!

I'll check exact dates for the loan agreements. 1 was 2006 but need to check paperwork. 

What are your thoughts on interest only mortgages taken out around this time? (i think 2005) 

Is there any redress regarding this? appreciate your feedback mate, 

 

Also, if the CCA is enacted in 1974? how are agreements not regulated prior to 2006?

 

dx100uk. Mate, i promise you, this is the only thing that happened. And the CR agencies report the same. 

They say " items that have adversely affected your score" or word TTA

and the only 'changed item' is that 'late payment' But it reports every month since the first infraction. June. Hence having a prolonged effect.

 

I've got this documented. 

 

The only correlation I've got, is that they were trying to contact me to 're-visit' my current payment plan, where I go through my Income Expenditure with them and reset/reinstate the payment plan. I was late with this, BUT, maintained the payments nevertheless, and once I did make contact, and go through everything, the payments remained the same.  

 

I believe they have (despite me maintaining payments) issued a late payment notice to the CR agencies as some kind of penalty for not getting back to them in time. Whatever the 'crime', false reporting on a public forum for more then 3 months is libellous and/or defamation of character in my eyes. 

Am i wrong?

 

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What are your thoughts on interest only mortgages taken out around this time? (i think 2005) 

Is there any redress regarding this? appreciate your feedback mate, 

 

Also, if the CCA is enacted in 1974? how are agreements not regulated prior to 2006?

 

Any mortgage taken out pre 2006 above 25K were unregulated in the main..beit interest or interest and capital.Im not sure what thoughts you wish for me to expand on...the fact that you should never of agreed to one and if you did you should of had some kind of endowment /insurance policy to cover the capital payment at the end of the term?

 

The Consumer Credit Act 1974 was enacted to cover loans/HP/ credit agreements/small mortgages up to the value of £25K as stated above this threshold was removed in 2008 by the CCA2006 amendments which then updated the CCA1974.

 

Prior to this date all mortgages/loans over 25K were lent by secured means IE secured on the property..post 2008 the consumer has the benefit of protection vis a CCA1974

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dx100uk

dx100uk, 

 

Andy has kindly schooled me on my woes. Do you still believe I have grounds to complain?

 

"sounds like you have a welcome finance secured loan...? or it it  Halifax?

 

yes you/we can do all those

 

spill the beans please"

 

any help appreciated....

 

 

 

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What else is on your credit file 

Any other ok running credit whereby you are ok and upto date 

If the only running credit is the mortgage then it poss could but then again one late payment will not affect any mainstream mortgage lender accepting you

 

As for reclaiming there are plenty of guides here and threads just use our search .

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, 

 

There's plenty of other items on my credit report that were, and remain 'green' and fully managed, hence getting to 999 (and equivalent) score across the board (documented) 

 

The ONLY change as communicated by the CR agencies is Halifax' initial and continued report that I made (and continue to make) late payments on that account, which categorically has not happened. 

 

This has happened. 

 

Thank you for the note on plenty of guides on here. This is why I have posted, to request guidance. 

 

thanks All, for input so far.... 

 

 

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have you recently sent Halifax an sar?

have you checked more than one CRA provider?

it's very unusual for a late payment from june to run through

i'e it will say 1 from june and keep saying 1 till the present report.

as a count you are simply 1 late payment and its remained that way.

 

i'll deal with the mortgage stuff later.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Mate, 

 

Honestly mate, i've triple checked clear score, experian and noddle/creditkarma. 

 

There are other services available that i'm not prepared to pay for......

 

 

 

 

 

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having now read all you 43 posts on your various threads.

why is the debt showing at all?

it was defaulted was it not long ago?

 

what is the debt that ftom halifax thats re-appeared?

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Wow, thank you. 

 

Halifax debt (along with nemo) remains, but under agreement-principle plus arrears contribution

 

I will check latest steatement of halifax agreement to see what the figures are. I think roughly 16k 50/50 split principle and arrears. 

 

When you say defaulted.........what do you mean? 

 

 

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answer the question

 

what is the debt that from halifax thats re-appeared with these late markers?

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

is this your secured loan from 2006 that is actually not secured as the property it was secured on was repo'd many years ago?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah you're right in principle. The property it was originally secured on (according to the paperwork) was repo'd.

 

But at some point, it changed to the property i currently live in. I need to check through the latest SAR to see when this happened and if consent from me was given. 

 

The SAR is extremely difficult to read as it is around 6 reams of A4 thick, and seems almost all to be in code. 

Hence my interest in a financial auditor.

 

I will do this, but it will be tomorro as I have work in a few hours, however, that point aside (while I check),

my questions still stand (as detailed above) regarding the behaviour of Halifax during the loan and as ever, I appreciate the interest (constructive feedback) from you and anyone else. 👍

 

 

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why cant you answer a question straight without bringing in all the other stuff i didnt ask for?

 

is this your secured loan from 2006  Y or n??

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then its was defaulted years ago and fell off your file so should not even be showing.

you say earlier the were arrears and fees.

 

look at the Halifax sar comms/account log.

it will be in there a DN was served.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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