Jump to content

 

BankFodder BankFodder


electrode101

Halifax sold my account Dca advice needed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4800 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi I am claiming charges from Halifax and also dealing with defaults on the same account.

I hope here I can get advice on the default side of things.

 

I did spend the entire evening yesterday reading Jonni2bad's experience, hopefully I have learnt a lot from it.

I will be doing two claims with hafilax, the first being for my current account and have started the ball rolling by requesting my statments going back 6 years. I'm pretty sure their were plenty of charges available there to claim back, at the time of me being unemployed they seemed to edited every penny of whatever I earnt in a charge for something. it's just a way of keeping you down and prove how powerfull they are to the little people, much like the kings of our past with the intoduction of tax's.

the second claim will be with the account they closed with a default. it seems on my equifax report that it was Thames Credit that filed my default. when Halifax sold them my account they sold it with my old address, so they never got the opertunity to contact me at my current address and it was only a year ago that I found out about this default. when I first enquired about this debt with the halifax they told me they didn't have the account on record. the lady on the phone even suggested that I phoned the police cos it sounded like a case of extorsion, she had not heard of thames credit and it wasn't a company they did business with. this alarmed me alot, so I contacted them again and they were adament that the case was legal. so again I go back to halifax who finally informed me that they have no details cos the account is no longer with them and I have to deal with them directley. I asked Halifax how this account was put into default and she claimes it was a cash withdrawal. however she could not give me details of how much or where this took place. I requested all the information on this over a year ago, it annoys me cos everytime you ask for this information you get somebody telling you how hard it is to get this info and it will take time and blah blah blah blah. so I gave up, stupidly. but now I have taken it up again with a vengence. I sent them the Data Protection Act letters via recorded delivery on 6th december, one was a modified version which requested specifically for an "ACR" report (this was suggested by somebody in head office, they said I needed to go into a branch and request it). they confirmed they received them on the 21st Dec, I went into a branch on the 27th to see what information they held on me regarding this ACR and the lady didn't have a clue what I was talking about, until I pointed at it on her computer screen. it seems they had been trying to get an ACR on my account for over a week but it kept coming back as denied or dropped, she said it was something that head office would have to do. this annoyed me cos head office said it had to be in a branch, so I stood their waiting until they confirmed it was going to be sorted. at this point the Q for the customer service counter was out the door and their was lots of disgruntled customers trying to speak with them, how rude is it to stand behind somebody being served and tutt cos you have to wait. Grrr. so this is the story so far, I am still awaiting all the information that I requested. they have finally deducted 5 quid for the reports I requested on my current account, so hopefully I will be getting all my statements soon.

 

big thanks to Jonni2bad for all the information in his enlightening thread, I'm glad I read it all in one go, not sure I could have handled being on the edge of my chair for as long as it took him to get to court.

 

Cheers

Share this post


Link to post
Share on other sites

Nice work up to now.

Hopefully you will get assistance here.

Your Halifax thread is set up for you to pursue the charges side there too.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Still awaiting information from hafliax about my DPA letter from begining of december, not long now for the 40 days to expire. just wondering though, is it 40 working days or just 40 days, ie do I have to account for xmas and weekends or can I be as nasty as they would be to me and just include those as well.

I got me DPA request back from my current account yesterday and have 312 quid to claim back, just waiting for the account that has the default registered against it.

 

:-?

Share this post


Link to post
Share on other sites

Edit


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

A quick question, I havent had my request satisfied from halifax yet about the account which they closed and defaulted. I got a letter recently saying they had ordered the information from head office, but as yet I still await the facts. so the question, I sent the letter on the 7th, do I complain on the 16th Jan or 5th Feb. Do I legally have to ignore bank holidays and weekends or can I include them in the 40 day limit.

 

Appologies if this has been asked many times before, but I have read so much information on this website that I think I'm pushing the usefull stuff out the other ear.

 

Cheers

Share this post


Link to post
Share on other sites

IMHO you would have to allow for Xmas day, Boxing day and New Years day as these are BANK holidays.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

Weekends are included.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

thats blinding, so I should really give them till thursday and then get on their backs. I really don't think they are going to be able to supply this information. cos they closed the account they are saying that the information is not stored in their system anymore, fair enough. but they still need to supply it to me, so they just have to look at their of system records. Good, teach them to archive things off and hope they will go away. they never let things go away for us. they are probably trying to delay things as much as possible as well.

next week they need to also settle my main account of the 312 quid. otherwise they are going to get the 7 Day LBA letter. woohoo. time to add interest and court fees as well.

 

Thanks Isiris, I'll be tipping your scales soon

Share this post


Link to post
Share on other sites

next week they need to also settle my main account of the 312 quid. otherwise they are going to get the 7 Day LBA letter. woohoo. time to add interest and court fees as well.

 

Thanks Isiris, I'll be tipping your scales soon

 

 

The norm is to allow 14 days for the LBA. You dont want to spoil your chances m8


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

Share this post


Link to post
Share on other sites

Yes, their are two accounts I am claiming for. one is a defaulted account which they closed years ago and put a glitch on my credit report, the other is a current account. they already supplied the information for the current account and I have already submitted my claim for that one. so next week it'll be 14 days since I requested it. the defaulted account is the one I'm still waiting for the DPA request to be submitted, thus the 40 days on it. it's so exciting, 3 years or so ago I claimed loads and loads of money back from my credit card with the same people, and I didn't know about half as much as i know now. esp with access to the people on here.

 

cheers guys

Share this post


Link to post
Share on other sites

Update:

No responce to my DPA on defaulted account still.

No responce to my Charges request on my current account.

 

Time is running out for Halifax.

 

I'll keep you posted

Share this post


Link to post
Share on other sites

Another update:

 

Well Halifax have not responded to my SAR request and today sent them the 7 day notice before legal action letter. this was on the defaulted account.

they also have not responded to my demand for repayment of the 312, so again today I have sent in the post the LBA giving them 7 days to cough up.

I also sent today a SAR to Yes Car Credit as I was told that it was part of the deal to get Payment protection insurence. this I thought I had to do, but it seems I didn't and so this means I was mis sold the PPI, not happy about that.

 

Having fun.

Share this post


Link to post
Share on other sites

Halifax Today sent me a letter appologising for not getting back to me with ragerds to my SAR. they said they have sent my letter to the complaints department. Funny that. that have until Monday to give me the information or I'll be filling a Court order obliging them to do so. and I'll also be pressing for damages (at the courts discretion of course).

I find their delay tactics very annoying. esp as this case is quite old, maybe over 5 years since they sold the account to a DCA. I beleive them to be attempting to push this over the 6 year limit, if this is the case where do I stand. the DCA updated my Default notice last year, so will the default be on my credit report for another 6 years or from when they originally filed it in 2002.

 

Grrrrrrrrrrrrrrrrr

Share this post


Link to post
Share on other sites

Thought I would post a copy of the letter here.

 

Dear Mr 101

I am Writing in reference to the letter we have received on the 23rd January.

 

First of all I want to apologise that you have not received an earlier response from us as per your data protection act subject access request dated the 08th Decmeber.

 

I have checked our complaints folder for this year and unfortunatly it would appear that we have not received any previous correspndence from you. (How True, it was last year as you just stated the 8th December)

 

Due to the nature of your complaint(funny a subject access request isn't a complaint, what follows is) and as you are making a request for a payment of charges deducted from your account dating back to the year 2000 (Strange, how do they know I will be making a request for payment), I have transferred your complaint to our customer relations department.

 

They will be in touch shortly by letter to confirm receipt of your complaint.

 

You will find enclosed a copy of the Blah blah blah blah procedure.

 

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, Please telephone me on the number at the top of this letter.

 

 

Now here is the thing. I sent them two seperate letters, regarding two seperate issues on two seperate accounts. it seem they have confused the whole situation. as in my first post I stated I was dealing with two seperate accounts. one is in default, one is not and is fully fucntioning as my main bank account. I have received my SAR on the current account and have already requested a refund, this refund is on it's LBA which expires on Monday. the defaulted account is also on the 7day LBA before action for failing to supply my SAR. if they fail by then what do I do.

 

Do I put in a money claim on the defaulted account and request they remove my default notice and estimate damages to myself as a result of this default notice. Please help me on this, currently I estimate that this default has cost me in excess of £5000, in higher interest rates. And if they can't supply any information to support this then do I have a strong case for the removal and compensation.

 

My thread is feeling rather empty of support and help from people, come on. Stick your ore in.

Share this post


Link to post
Share on other sites

I phoned them up this morning to advise them that this is two seperate issues. she advised me that she has passed it to the complaints department. she said it can take upto 4 weeks to get a responce as per their terms and conditions of the complaints procedure. I stated that on monday the 47th day is up and that is when I take it forward to the next stage.

she did a bit of chasing for me and kept phoning to keep me posted, which was nice. but her answer of 4 weeks kind of pleased me as I can now take legal action against their failure to comply with a data protection act request. I think my other claim of 312 is being delt with in the same instant. I'll file this claim seperatly. Woohoo

Share this post


Link to post
Share on other sites

I find their delay tactics very annoying. esp as this case is quite old, maybe over 5 years since they sold the account to a DCA. I beleive them to be attempting to push this over the 6 year limit, if this is the case where do I stand. the DCA updated my Default notice last year, so will the default be on my credit report for another 6 years or from when they originally filed it in 2002.

 

 

Have you made a CCA request to the DCA ? I don't think they can default your account unless they own the debt. If they cannot produce a CCA upon request, then you have no contractual obligations with the DCA unless they can produce it in court.

Share this post


Link to post
Share on other sites

Thanks priorityone, I no longer feel alown.

I haven’t filed A CCA? Request. There was never a credit agreement in place; it was a SOLO card with no overdraft facilities. Weather this means there was no credit agreement or not I don't know. I'm mainly trying to find out from Halifax's point of view why this account went overdrawn in the first place; this I was told in July 2005 is Due to a Cash withdrawal. How? I don't know. As it never had an overdraft why would they have let me take out cash from it? I recon it's a charge of some description.

I'm going to pursue this by the court as they should have responded to my SAR irrespective of them selling this to a DCA.

I also don’t want the debt collection agency to have my current address. I might if required to do a CCA give them my works address instead.

the DCA is Thames credit. the letter from them reads

Mr Electrode101

Electrodes old Address

29/June/2005

Dear Sir

RE: Agreement Number: D/randomdigits-5 Halifax Plc.

We are acting as collection agent on behalf of Olympia Capital ASA which is now the legal owner of your above referenced account.

By an Agreement between Halifax Plc and Olympia Capital ASA the outstanding balance on your account was sold to Olypia Capital ASA. All the rights to title and interest were transfered in that sale agreement.

Our records show the total balence outstanding, inclusive of all accrued interest, amounts to £ 560.82.

You should not send any further payments to Halifax Plc and, if you have any Direct Debit or Standing Order arrangement that should be cancelled.

Any future payments should be sent to this company at the address shown, Cheques must be made payable to Thames Credit Limited.

so according to this letter they were sold the debt, but I think this is another thread.

Cheers

Share this post


Link to post
Share on other sites

I don't think you can go overdrawn on a Solo card !... a retailer would reject the payment if the funds were not there, so yes, it does sound like a charge of some kind that may have pushed you over into the red. You certainly wouldn't be allowed to make a cash withdrawal... For a start, a round figure would have been needed to be in your account at the time... not a penny under £10 for a cash withdrawal.

 

If the 40 days are up for the S.A.R - (Subject Access Request), then Halifax have stuffed up anyway. I am not sure about the CCA though.... Thames Credit are referring to "an agreement". What agreement ? There is an impilication that they have something, so for the cost of £1, you could CCA them (recorded delivery).

 

Anyway, they cannot act as collection "agent" for Olympia "Crapitall". If OC are the legal owners, as Thames Credit say, then they have no legal right to pass your data around to anyone they feel like. TC have no legal right to pursue you... only Olympia Crapitall can pursue you. Time to find out who has the paperwork...

 

For the cost of £1, I would CCA them, remembering not to acknowledge any debt to their company, etc. Include a request for a Deed of Assignment from Olympia Crapitall in the same letter... as documentary proof that they have a legal entitlement to the alleged debt. In fact, ask them for any documentary proof.

 

Also remind them that the alleged debt is currently in dispute because of unlawful charges made to the account and any further contact by anyone in pursuit of this alleged debt will result in a report being made to TS and the OFT.

 

:)

Share this post


Link to post
Share on other sites

Good Plan PriorityOne.

But before I CCA the DCA I shall give Halifax the opportunity to supply me with the original information, irrespective of whether or not Halifax sold the account aren’t they still obliged to hold the details of my account for 6 years and simply not just discard it.

So on that note, what do I do now?. Monday the 7 day LBA failure to supply the information requested under the data protection act expires. Upon calling Halifax today they say it will take a further 8 weeks to sort this issue out as they are saying they only got the complaint this week. Funny that. I submitted the SAR for this account on the 8th December, and when I went into the branch on the 28th December I could see that they have tried to generate the report. I also received a letter dated 4th Jan stating that I will soon have the information. So they are delaying. I want to file a court claim on Monday, what do I put in my particulars of claim, can I put on this claim my estimated damages due to the default notice on my credit file and request that this default be removed from me credit record.

Share this post


Link to post
Share on other sites

You can still send a CCA request off to the DCA, despite giving Halifax the opportunity to come up with the info. you have asked for. They are 2 seperate requests. Halifax should still have all your account details from 6 years ago, but they may have to search for it in the bowels of some buiding, on microfiche or something... their problem and not yours :D .

 

If Halifax have gone over the legal time limit for the S.A.R - (Subject Access Request), then don't allow them any more time. There is a prelim. letter and a LBA. I am not sure which one you need, but think it may be the prelim. It's all in the FAQS section on the Home Page....

 

I have not yet reached this stage with mine... so it is best you check it out to know the correct way forward for sure...

Share this post


Link to post
Share on other sites

Blinding info PriorityOne. just a couple of questions though.

 

As Halifax have failed to supply my SAR and I have already sent the LBA stating I will take them to court and this expired today and still no information from them what do I do now.

I have been looking at the N1 forms but havent a clue what to put in them. the facts are:

1. the Account has a default notice on my credit file.

2. Halifax have no information as to why the account is defaulted.

3. Since they defaulted my account I have had to pay an extortionate amount for credit. ie, credit card is like 39% apr. car loan was at 29.9% apr and this has cost me probably 5000 pounds in extra interest on me car loan over the last 4 years.

4. I requested information in July 2005 & requested SAR on the 8 Dec 2006.(i didn't know about 40 day DPA in 05)

 

what I want from court action is

1. Default removed from my Credit file

2. Compensation to the tune of 5000 to cover the extra interest I needn't have paid.

 

the stuff in the faqs section relates more to compensation due to delays in the information being sent. but I'm asking for a whole lot more.

 

Help, I work in London and live in MK, I want to file it in local court in MK and only have Tommorow or Thursday to get into court. I understand that MCOL won't have enough space to file the claim.

 

Cheers all for help so far

Share this post


Link to post
Share on other sites

Okey dokey - several points here....

 

1. Let's keep the remainder of this thread solely about Halifax - no mention of other actions against other organisations otherwise you'll end up with cross referenced answers...

 

2. If they don't fulfil the S.A.R - (Subject Access Request) and then don't comply with the 7-day LBA then just proceed to court. If doesn't matter how long they say it will take, they will change their mind once the court gets involved.

 

3. Issue the CCA request to the Halifax asking for copies of agreements and the default notice they issued.

 

4. Check the Bank Template Library, read about AND send the Section 10 Notice. Send this by normal postage and get a free certificate of postage, don't bother with recorded delivery ever again.

 

5. If you are going to claim for damages in respect of what the default has caused financially, then you are going to need hard evidence of the loss. You cannot, for instance, rely on showing a Judge that you took out a credit card with 30% APR instead of one with 5% without a refusal and the reason why you were refused, otherwise you might simply have chosen the higher rate card - do you see where that is going? - It's essential for court, not for me etc...

 

6. I would normally be very tempted to combine the claims against Halifax, but since one has a default with it, you might be better to keep separate. Don't proceed onto court until we have resolved the SAR issue.

 

7. If you haven't recently applied for one, get a copy of your CRA files that show the default as being registered - don't assume that a court will simply take your word for it.

 

8. Read, read, read. Reading is King. The Data Protection Act will bore you to tears - and that's if you're lucky, but get to know it like it's your new best friend. Do not assume that this issue will simply be settled without needing to sit in front of a Judge and explain why the information is wrong and what powers the court have for rectifying it.

 

9. Send a letter to the DCA and specifically state that the debt is formally disputed and that you are embarking on legal action against the Halifax to resolve the issue. You will not enter into any negotiation regarding repayment until this is resolved.

 

10. I'm going to bed...


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites

OK, cheers for that jonni2bad.

 

with regards for evidence, I have not kept copies of all the failed attempts to get car credit. would the CRA keep copies of those, I know they take them off the record after 6 months but how long do they actually keep the data for. if I knew who the hundreds of finance companies were that I tried to get cheaper credit from then I would be able to contact them and get copies of their original rejection letters.

Recently however I applied for two credit cards to help build my credit report up again, reason it says on the credit report that if I have two credit agreements it looks better and goes to build up your rating. I already have a capital one card(high interest) and my car payments just finished, so I need a new credit agreement. I tried with Virgin and failed, I have a letter to prove it and with Vanquis, success but high interest of 39.9%. would those be acceptable as evidence.

 

the other problem is that it wasn't the Halifax that registered the default but the DCA who never told me about it until 30 June 2005, but I wish to know why they halifax had a debt against me and never tried to contact me about it when I had other accounts.

 

for now I will send of the S10 and tha CCA request to both halifax and the DCA, but will they have a credit agreement when their was no Credit arranged.

 

Cheers for your help so far, I will keep you posted

Share this post


Link to post
Share on other sites

Re: evidence

 

That's a good start. What you have to bear in mind is that a Judge cannot simply accept your word for these things, no mater how good your word may be!

 

For each and every part of any claim for damages you should be able to show, on the balance of probability at least, that what you claim for damages is an actual loss to you.

 

Finding out what the CRA holds on you will help, although I don't know how long the companies involved will store info on an application - but worth a go since you need it!


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...