Vicki V Halifax (LBA runs out today!)

[Vickic83]

Hello all ,

 

I started my claim against Halifax back in october and have done everything as per your guides. Halifax have stalled right from the start with every excuse they can think off and then just seemed to ignore me.

 

I recieved the bog standard letter (we are sorry your are unhappy, etc. etc, your complaint has been passed to our customer relations dept for their consideration) on Wednesday. I was a little concerned to why they were giving it their consideration at this late stage, so I gave the lovely people at Customer Relations a ring.

 

I was told that my letters had got lost internally and had only just reached the correct dept. The nice lady also said under FSA regulations they have 4 weeks to deal with it from the date their dept recieved the letter and can then request a further four weeks before they make an offer. I called FSA who said this is correct, however, the first four weeks starts on the date Halifax recieved my first request, regardless of which dept it ended up in because of their mistake. Has anyone else had this, is it just a stalling tactic or a new rule they have brought out.

 

Checked my account yesterday to find they have taken another 184 pounds in charges since the LBA was sent. Called them again to see if they could refund the charges. The told me, rather bluntly that it was my own fault and I should learn to manage my money to stop incurring charges, and also that I cannot make up my own deadlines and will have to stick to the FSA ones. I told them I would add the charges to my claim and would be requesting the full amount, plus interest, plus court fees.

 

The postman woke me up this morning with a letter from Halifax warning me off another 39 pounds charge to come out on the 18th Jan. Decided to phone them to try and get it stopped, checked my balance first to find they took more charges off me yesterday!!!! Had to put the phone down as I was so angry!!!

 

Anyway sorry this is so long winded, Just wanted to know about the FSA bit, do I have to wait or can I go ahead with my claim. Would be good to get one up and get the interest back too!!!! And also do they stop further charges on your account if you claim through the courts and are successful. Any advice would be appreciated.

 

Thanks, Vicki x

[AWC]

Hi vicki!

 

I will do my best to help you, so pull up a chair. Firstly, ignore the FSA thing, whether it be true or not is irrelevant, take control, this is you claiming, so you call the shots, not the bank. The process which you are using to claim your charges back has been successfully tried and tested thousands of time, don't let the bank stall you!

 

Follow the step-by-step guide and stick to your timetable! http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

Your next step is to file your MCOL and remember to add interest etc.

 

Hope that helps, but above all, don't let them stall you anymore, get on with your claim, they have had ample time and opportunity to answer your request, the bottom line is that they have no intentions of paying you back at this stage, you need to take this to court before they will take you seriously.

 

If you need any further advice, just shout!

 

AWC

[sallysas]

That's a new one on me 'letter got lost internally'. Pshaw!!! Quite right you are calling the shots now. They dance to whatever tune you want to play. Read lots and don't let them bully you. Next thing will be a 'full and final offer' which will be less than 50% of what you are claiming with the insinuation that their costs are justified. Have you seen that Halifax have had to cough up the most out of the £6,000,000+ we have claimed on this site so far. I feel so indignant for you. Take them for everything............... Sally

[sallysas]

Also. Are you still mad that they have taken charges out today? Try looking at it this way. You will be claiming more back from them. I know what you mean though. I had £39 taken out on Thursday and we have no more money till I get my CTC on Tuesday. Added this straight onto my spreadsheet!!!!!! There, that feels better:p

[Vickic83]

Thanks Guys! Will stick to my deadlines then and not give them any extra time, Its my money and I want it back!! (even more so as I have just spent the afternoon moving back into my parents house to try and get me out of this mess! lol), Wish I had heard about this site earlier.

Will start the MCOL soon as and keep you updated.

Thanks, Vicki x

[Vickic83]

You could never imagine how angry I am at them, They have charged me £39 for a missed standing order from my current account to my halifax savings account on more than one occasion!!!!!:o

Am totally panicking now, my landlady just handed me a load of post (she has been walking around with it in her bag - incase she bumped into me!!) and in it Is a default notice from my credit card and a letter about the expiry of my overdraft!!!

Was planning to use the money I got back from my current a/c claim to pay off my arrears from my loan & CC and then claim back charges from those, now it looks like my times up and I dont know what to do first?? I only have until the 17th to make a payment for the default (which I dont have). I wouldnt even have arrears or charges on my loan/CC if it wasnt for the ridiculous charges they have put on me. I did write to the bank and change my address but obviously they didnt do it, If I get a default will my dads house get blacklisted, he would well and truly kill me (and stop my pocket money!!! )

[AWC]

Vicki - don't panic!

 

I've been in much worse situations believe me! 99% of what they write and say are very much part of their bullying process - having said that, never ignore them as this will just make things worse.

 

1st off (and this is my advice), contact them all and tell them that you are having finacial problems, try to do this in writing and that you will pay them as soon as you can. Also, offer them a token payment, even if it is just £5 or £10, but don't ignore them or avoid them. Ask them to stop charges and interest, ask if you can make an arrangement and pay back a little each month (then in a few months you can wipe out the balance).

 

TAKE CONTROL!

 

Honestly, if you contact them, call the shots, tell them what you can afford and don't get bullied into paying anything back yet. Don't let them scare you!

 

As far as I am aware, nothing will happen about your dad's house, afterall, these are unsecured debts. When I had huge debts and was living at my mothers, it never had any impact on her.

 

If you need any more adice, just shout, but above all, don't panic - take control!

[Vickic83]

Thanks AWC,

Just terrified incase it has any effect on my dad!!! Will phone them and offer them part payment. Its frightening how quickly it can spiral out of control. I've never had any problems with my money until 6 months ago where I had one bad month, halifax were unsympathetic and wouldnt help and I have now had over 2k in charges on my current account (2k in 6 months!!!!!) plus charges ive subsequently had added to other accounts. And now a default notice, I dont even really know what that means except its bad!!

What do you think about starting a claim against my CC? Should I leave it till I've paid my arrears?

[AWC]

Thanks AWC,

Just terrified incase it has any effect on my dad!!!

 

It won't, but the sooner you sort it all out the sooner you can sleep. I would guess that your dad would be more angry at you for not dealing with it?

 

Will phone them and offer them part payment. Its frightening how quickly it can spiral out of control.

 

Yes, it does spiral out of control at a frightening rate, that's what the banks want to happen, that's how they make so much money (3 billion a year), but you can rapidly take back control! They thrive on customers who hide.

 

I've never had any problems with my money until 6 months ago where I had one bad month, halifax were unsympathetic and wouldnt help and I have now had over 2k in charges on my current account (2k in 6 months!!!!!) plus charges ive subsequently had added to other accounts.

 

There are many people in the same boat, so you are not on your own, we are here to help and support, take things one step at a time.

 

And now a default notice, I dont even really know what that means except its bad!!

 

Don't worry Vicki!

 

Taken from this site: Default Notice from Debt Questions

 

"It is not notice of any legal action so don't panic! A default notice is simply a form issued to you by the creditor telling you that you are in default of your credit agreement - in other words, that you are not up-to-date with your repayments.

However, if you receive a default notice, do not ignore it. While it is no reason to panic, a default notice is a warning that you may have a financial problem."

 

Read more about it. The reason you are so scared and begining to panic is because you don't know enough. Read up on your rights and you will feel much more confident!

 

What do you think about starting a claim against my CC? Should I leave it till I've paid my arrears?

 

Start the process now because as soon as you have sent off that first letter (S.A.R.) you can tell them that the account is in dispute.

[Vickic83]

Thanks again, will be researching into the wee hours!!!

At least I know the 'heavys' wont be on the doorstep in the morning!

Have you had any sucess claiming from halifax yet?

[AWC]

Thanks again, will be researching into the wee hours!!!

At least I know the 'heavys' wont be on the doorstep in the morning!

Have you had any sucess claiming from halifax yet?

 

No problem, you're welcome!

 

The heavy's won't be on your door step for a longtime, especially if you take control.

 

I haven't had any success with Halifax as yet, they are stalling as per usual, but I will win.

[Vickic83]

Ever the Optimist, thats what I like to see.

Now I've had a bit of reassurance I can stop being the wibbly, wobbly wreck I was when I opened my post and prepare to go to battle! ha ha! Take no prisoners and all that, Halifax are going down!!!

 

[AWC]

That's the spirit, fear is just a state of mind!

 

I used to get bullied by the banks and credit cards, agreed to anything the suggested just to get them off my back and allow me just one nights sleep - got me into £30,000 of debt!

 

I too was told to take control, and when I realised that actually I could do a lot to turn things around, I did. I have had over £10,000 worth of charges from banks etc over the past 6 years, frightening!

 

Now, I never get any letters or phone calls, I ring them to chase up things, and if they start with the "so, how much can you pay off today, can you clear your balance?" I cut in and say "excuse me, I called you, so I am asking the questions!" I have great conversations with them, never allow them to take control of the conversation, always stay on top of it, but always remain polite but firm. I have papers in front of me when I phone so I can quote the law, cases and my rights and I always do my homework, never ring them unless you are 100% sure of your position.

 

I'll never forget the humilation they dealt me when I went into my local branch, cap in hand, begging for help - and they did nothing but add more charges. Just play them at their own game, keep it polite, but legitimate, always stay one step ahead and control the conversation.

 

P.S. It was this site which gave me so much confidence and fighting spirit - knowledge is power, but only if it is used correctly.

[hillards]

- knowledge is power, but only if it is used correctly.

 

I'll drink to that! ;-)

[Vickic83]

Me too, and when I win I'll get them in!!!

[sallysas]

Ahhhh bless. Befoire I heard of this site I was advised ( by Sainsburys Bank - one of my major creditors) to contact the Consumers Credit Councilling Service) to sort out a payment scheme. They are recognised by all of them and would give you a breathing space before you take all of them to the cleaners for unfair charges. Once the CCCS is onboard they will arrange for all interest to be frozen which I found to be a big help. Unlike some 'help' groups out there they are a charitable organisation. They cannot help you claim unfair charges - which is why you are here - or sort out default notices but you are in the right place. Experion has a free 30-day on-line service to enquire about default notices which you may find useful at the right moment in time but you can log on (for free) only once. Oddly enough I found Sainsburys had defaulted my account after I had reached an agreement via the CCCS!! Explain that. Of course if Halifax is the only problem I am muddying the waters so feel free to igore me

[survivor]

Me too, and when I win I'll get them in!!!

 

That's the spirit - WHEN you win - and you will...

[AWC]

Ahhhh bless. Befoire I heard of this site I was advised ( by Sainsburys Bank - one of my major creditors) to contact the Consumers Credit Councilling Service) to sort out a payment scheme. They are recognised by all of them and would give you a breathing space before you take all of them to the cleaners for unfair charges. Once the CCCS is onboard they will arrange for all interest to be frozen which I found to be a big help. Unlike some 'help' groups out there they are a charitable organisation. They cannot help you claim unfair charges - which is why you are here - or sort out default notices but you are in the right place. Experion has a free 30-day on-line service to enquire about default notices which you may find useful at the right moment in time but you can log on (for free) only once. Oddly enough I found Sainsburys had defaulted my account after I had reached an agreement via the CCCS!! Explain that. Of course if Halifax is the only problem I am muddying the waters so feel free to igore me

 

This is really sound advice Vicki, just the path you need to go down! Take note of what sallysas has said, really worth reading.

[sallysas]

Wow!!!! Have I been useful? Only last week I was full of angst etc. This might make someone smile.

 

Halifac CC have somehow misplaced my annual Income and Expenditure sheet from CCCS and are charging me interest. Am I bothered now I have this wonderful site? My point is I GOT BOLSHY and told them on the 'phone (3rd time they found me at home within a week) that none of my other creditors had not received I & S sheet and perhaps the fault was their organisation. She got very flustered particularly when I enquired if all charges would be removed back to November when new I & S sheets where posted. Stated they would not bother me for 10 days. 6 days to go.......

 

When a worm turns people - am I right, or am I right as Vin Garbutt would say

[Vickic83]

Keep the words of wisdom comming guys!!

Just got myself all prepared and psyched up to speak all my creditors and they are all closed on a sunday!!! DOH!

Bit woried about going down the route of payments schemes, Im due to start a new job soon (well getting my old one back!!) and I know they check your credit records and i dont want it to have an impact on me getting in. So i'm going to take your advice AWC and get my SAR off to the credit card asap so i can say the account is in dispute!

[AWC]

I'm not sure that an arrangement would affect your credit rating? Have to check up on that.

 

In the meantime, push forward with reclaiming your charges and stick to your timetable, try to stall your creditors (by claiming that the account is in dispute) but do try to pay something each month! That way, it would be very difficult for them to take you to court etc as you are making an effort to control your finances.

[Vickic83]

Hi Guys,

Spoke to halifax today who told me they are removing my overdraft facility (400) which I am currently over my limit by 300 due to these crazy charges!! They requested immediate repayment (which I dont have) or in installments but I would have to cut up my bank card and send it back to them along with my cheque book. Somebody said I should write a letter with stating that I wouldnt enter negotiations until I recieve all my charges as I consider the debt is in dispute? Has anybody been in this situation? any advice would be appreciated, thanks Vic x

[Vickic83]

Also with regards to claiming interest, my statements show ' Interest Debited - notified last month' and the end of each month. Can I claim this back too and can i add 8% interest? Thabks Again x

[AWC]

Hi Guys,

Spoke to halifax today who told me they are removing my overdraft facility (400) which I am currently over my limit by 300 due to these crazy charges!! They requested immediate repayment (which I dont have) or in installments but I would have to cut up my bank card and send it back to them along with my cheque book. Somebody said I should write a letter with stating that I wouldnt enter negotiations until I recieve all my charges as I consider the debt is in dispute? Has anybody been in this situation? any advice would be appreciated, thanks Vic x

 

Write back to them stating that you will respond no later than 4 weeks, just like they do with us. If they telephone, tell them that you will only deal with them in writing, not over the telephone as you have no record of your conversation and that puts you at an unfair disadvantage.

 

In 4 weeks time, you should be well into your reclaiming process, then you can claim that the account is in dispute - when the money is paid back to you, clear the overdraft and they have nothing to complain about!

 

Just my advice, not saying that it is the best things to do, but stalling them as much as you can at this stage would be the best thing as it is blatently obvious that they are trying to make things more difficult and drive you into more debt. Be careful that they don't hand it over to a debt collection agency because they will add their charges to?

[sallysas]

'Interest debited - notified last month' the answer is yes it can be claimed back. This has been claimed back successfully in the past. The 8% is added on when you file MCOL or NI. Have you set up a parachute account anywhere else yet? At least that way you will have access to any future income before the Halifax. Of course as AWC says they may hand it over to a collections agency eventually. With regards to being in dispute why not PM a Mod if you can find nothing on the FAQs. Just keep going........... Sally