Walksonwalker v Halifax

[Walksonwalker]

Hello

Whilst in the process of claiming back the late fees and penalty charges imposed upon my Halifax credit card account, they have passed on my debt with them to a debt collection agency, who have asked for the amount to be paid in full. Where do I stand now with regards to claiming my fees back, and from whom do I claim them back?

Thanks in anticipation

Jim.

[bearo]

So, while you were claiming, they passed your account onto a dca?

 

They shouldnt have done this as your account was in dispute. The best thing to do is go to the halifax forum, start a thread there about this and we can go from there.

[Walksonwalker]

Where is the halifax forum located?

[Walksonwalker]

Hello

Whilst in the process of claiming back the late fees and penalty charges imposed upon my Halifax credit card account, they have passed on my debt with them to a debt collection agency, who have asked for the amount to be paid in full. Where do I stand now with regards to claiming my fees back, and from whom do I claim them back?

Thanks in anticipation

Jim.

[bearo]

You still claim them back from Halifax. Have they sold on the debt or is it an inhouse DCA? ..... is the amount they are asking for made up of bank charges alone?

 

The shouldnt have passed you onto a dca in the first place, your account was in dispute.

 

If you can clear those points up for me, I will check back tonight.

[Walksonwalker]

I am not sure if it is an in house DCA or not. They are called Blair,Oliver and Scott. The amount that they are asking for is for my full balance of £1500.

[bearo]

Ok BOS is an inhouse dca although they like to make it look like they are independant.

 

Was the 1500 made up solely of banking charges?

 

You need to get a letter written to both Blair Oliver Scott (BOS) and Halifax, informing them that the account is currently in dispute as they are fully aware.

Tell them in the letter that NO further action can be taken on your account that has now been transferred to BOS until this dispute is closed.

Also ask Halifax to inform BOS of this matter, even though you are sending a letter to both.

 

The same letter, cc'd to BOS is sufficent.

 

Hope that helps.

[Walksonwalker]

I have attempted to claim back my charges against the Halifax Card Services section. In response to my letter they replied 'Please not note that as we have not received a specific complaint from you regarding the charges concerned, no further action will be at this stage'.

 

[hillards]

Always use the recordered delivery service for important letters. That way you have a receipt for posting it, and can track if they've received it, and when.

 

Read through the many threads on here, and the step by step guides. Use the template letters and then they shouldn't be able to complain that you've not followed procedures.

 

I'd also try calling Customer Relations at Halifax, it's 08457 253519, and ask if they can do something to assist?

[Walksonwalker]

Ok BOS is an inhouse dca although they like to make it look like they are independant.

 

Was the 1500 made up solely of banking charges?

 

You need to get a letter written to both Blair Oliver Scott (BOS) and Halifax, informing them that the account is currently in dispute as they are fully aware.

Tell them in the letter that NO further action can be taken on your account that has now been transferred to BOS until this dispute is closed.

Also ask Halifax to inform BOS of this matter, even though you are sending a letter to both.

 

The same letter, cc'd to BOS is sufficent.

 

Hope that helps.

 

 

Of the £1500, only £200 is bank charges. I'm not sure what to do now though because BOS said that they won't be charging any interest on my account. This suits me right down to the ground considering Halifax are charging me 24% APR.

[Walksonwalker]

Ok BOS is an inhouse dca although they like to make it look like they are independant.

 

Was the 1500 made up solely of banking charges?

 

You need to get a letter written to both Blair Oliver Scott (BOS) and Halifax, informing them that the account is currently in dispute as they are fully aware.

Tell them in the letter that NO further action can be taken on your account that has now been transferred to BOS until this dispute is closed.

Also ask Halifax to inform BOS of this matter, even though you are sending a letter to both.

 

The same letter, cc'd to BOS is sufficent.

 

Hope that helps.

 

 

Will this do for a letter to the Halifax?

 

'I recently sent you a letter disputing several bank charges charged to the above account. Since then, you have passed the entire debt onto a debt collection agency known as Blair, Oliver and Scott. As this account is under dispute, you have contravened normal bank practice in passing this debt on whilst it is under dispute.

I would therefore urge you to reverse this move until the dispute between us is concluded.

Any failure to act upon this will result in me contacting the bank ombudsman.'

[cheddar]

It is here: http://www.consumeractiongroup.co.uk/forum/halifax-bank/

 

If you ever can't find a forum click on the big CAG logo at the top right of every screen and scroll down to see every forum on the site, from self help, to consumer to bank and other forums.

[thesergeant]

Walkson,

 

You are not registering a complaint you are requesting unlawful charges back.

 

Follow the procedure as per the FAQS and Templates.

 

You now serve your Letter Before Action on them. They will probably then offer a token payment for you to go away. You then start your court claim. Keep to the process you will get them to pay up fully ...............

 

Good luck

[Walksonwalker]

Walkson,

 

You are not registering a complaint you are requesting unlawful charges back.

 

Follow the procedure as per the FAQS and Templates.

 

You now serve your Letter Before Action on them. They will probably then offer a token payment for you to go away. You then start your court claim. Keep to the process you will get them to pay up fully ...............

 

Good luck

 

 

Thanks for the advice dude. Just one thing, I can't find the 'Letter Before Action' template. I have looked in the Bank libraries but it is not in there.

[hillards]

Try this link:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

The quick way to find these forms is to look at the top of the thread, where you will see a line detailing the various steps to the thread you are in. Click where it says Consumer Action Group and that should take you to the top level, that's where these things are.

[MARTIN3030]

I would also suggest sending your bank a s10 notificaion.

This is a request under the data protection act that informs them they no longer have a right to process your data since by default your contract with them has ended.

If you wish to take action later it will have been a requirement that this has been served.

You will find this doc in the bank temp library.Send recorded.

You may find additional info regarding the dcas in the debt and baliff section.

As has been pointed out,Default action should not have been instituted whilst the account was in dispute and is the subject of litigation by yourself.You should respond to the default notices by vigourously contesting the actions and keep a copy of that.

[MARTIN3030]

Ok earlier posts redirected from welcome to here.

[Walksonwalker]

I would also suggest sending your bank a s10 notificaion.

This is a request under the data protection act that informs them they no longer have a right to process your data since by default your contract with them has ended.

If you wish to take action later it will have been a requirement that this has been served.

You will find this doc in the bank temp library.Send recorded.

You may find additional info regarding the dcas in the debt and baliff section.

As has been pointed out,Default action should not have been instituted whilst the account was in dispute and is the subject of litigation by yourself.You should respond to the default notices by vigourously contesting the actions and keep a copy of that.

 

 

Okay. I've read all the FAQ's. I'm still confused. I can't understand the significance of the s10 notification. Why should it be so important that I ask for default notices be removed from my credit file when I am asking for something entirely different.

 

I can understand the significance of the data protection act SAR letter with regards to burden on on the bank to provide evidence of Manual Intervention, but I am still lost with regards to the s10 default notice removal.

 

Also, when do I send the s10? It doesn't mention it in the FAQ. I'm not bothered about having a default notice removed. I don't want credit again... ever. I just want my bank charges refunded.

 

 

Heeeeelp. :?

[Walksonwalker]

Okay. SO i've received my response back from my SAR. In the letter that they sent me however, from oth Halifax Credit Card Services and the Halifax Bank, they state that they are not obliged to include any information on any manual intervention that may have occured so they have not disclosed such informatoin to me.

Where does this leave me?