Reclaim Halifax Loan and Mortgage Charges

[D.J.F.]

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.

[slick132]

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.

 

[D.J.F.]

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.

[D.J.F.]

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

 

 

[dx100uk]

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?

[D.J.F.]

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....

[AndyOrch]

Quote

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 

[dx100uk]

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??

[D.J.F.]

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?

 

[AndyOrch]

Quote

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

[D.J.F.]

Thanks Andy. 

 

 

[D.J.F.]

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....

 

 

 

[dx100uk]

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

[D.J.F.]

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.... 

 

 

[dx100uk]

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.

[D.J.F.]

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......

 

 

 

 

 

[dx100uk]

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?

 

 

 

 

 

 

[D.J.F.]

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? 

 

 

[dx100uk]

answer the question

 

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

 

 

 

 

 

 

[D.J.F.]

Halifax is a 25k personal secured loan. it's not re-appeared. always been on file since inception.

 

but popped up on radar to record a late payment june 19, that didn't happen.  

[dx100uk]

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

 

[D.J.F.]

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. 

 

 

[dx100uk]

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

 

[D.J.F.]

Thought I had answered it. 

Yes Hal Secured loan is from May 2006

[dx100uk]

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