Help with Halifax issues (ChloeJane)

[k1308]

HI Chloejane - let me knwo if this works and I'll post all the stuff!!

 

Ta

 

K1308

[k1308]

ok, my ex went bankrupt and halifax sent me a letter saying they would send £900 as refund of charges to insolvency service within 14 days if I didn't respond.

I sent back within 6 days and they received the letter on 13th April. Had no response so rang them and she said she hadn't responded to letter.

So she read it and said she couldn't help and I needed to speak to collections who wanted to pass me onto their solicitors who are deling with the outstanding amount I owe them.

anyway the halifax lady spoke to insolvency service and said they will put my half of charges (£459.50) in the joint account which I can't use, don't use and can't get at cause I owe them about £1000 in overdraft

to be honest I don't know how much the charges add up to - I think it is about £900

I just rang them back again and said it was my right to have it

paid however I want and that coventry did the same and she said that

because the account is open and there is an outstanding balance it is their policy to put them straight back into the account

and that was final. I said on the phone that if they were not prepared to send me a cheque I will have to take it further and file a claim.

 

Do you think it is wise to go and try to close the account today or will they not close it because of outstanding balance and my ex being on it?

[Guest ChloeJane]

Hi !

 

You have done your first post to the forum!

 

Ok as we discussed in chat.

 

Point 1. The issue of your partner going bankrupt and you claiming the fees, you rightfully as a joint account holder, are entitled to half the fees back as yours.

 

Their agreement to pay your half is correct and they were wrong in paying the full amount to the Insolvency Service.

 

Point 2. Is that they took fees unlawfully from the account. You have a right to have these returned as per your requests and paid to you.

 

You! You the individual in whatever means you have requested it be paid to you.

 

THEIR POLICY - is not your request nor as you clearly stated you wanted the money paid to you.

 

So I would go down and close the account. Close it and arrange a minimal repayment option.

 

Once the account is closed they cannot return monies to a closed account, further more you have requested a cheque for their unlawful fees you have paid as part of your acceptance of offer of settlement without continuing to claim through court. No cheque, they have not complied with your request for payment.

 

When you have closed the account, post back here and let me know and I will happily work with you on ammending the rejection letter to suit what has happened and your demand for a cheque - or you will proceed.

 

They already did it wrong sending the whole amount to the Insolvency trust - so you may have a good bargaining tool!

[k1308]

I think the account has been passed to debt collectors - can I still arrange a payment plan with the bank?

 

Also, can they stop me from closing the account? Is there any way they can say I can't close it cause its got an outstanding balance or cause my ex is still named on it??

 

Just think they might play silly buggers with me !!

[k1308]

also, just checked their website on how to close an account and I am supposed to fill a form in and send it to their head office and I need my ex's signature as well - no chance of getting that. Also that will take ages to close it - by which time they'll prob have put the money back into the account from insolvency service. HELP !!!!!! I'm going mad now

[k1308]

oh, and it also says on their close account form that they will not close it if its overdrawn

[ecobabe]

I thought they had a right to offset even if account is closed? interesting!

[Guest ChloeJane]

Hi Hun,

 

My debt was passed to the debt collectors - measly sum of £210 but I closed the account and paid the debt collector at £40 a month.

 

If it is with the debt collector then the debt is already passed on and no longer with the bank. I would check it out which is why I suggested closing the account.

 

They do have a right to offset the account as ecobabe said, but if in part of your settlement terms you requested a cheque, then this is part of your terms.

 

If the account is in debit - and cannot be closed then the debt isn't with a debt collector is my only assumption.

 

At the end of the day, whatever money is outstanding to the bank does have to be paid and the site and beliefs as I understand them and hold value to, is not about avoidance (not suggesting you are!) but is about empowering people to rightfully take back or seek what has been taken unfairly and to empower them to do so. With that and making banks etc responsible, so must we be.

 

So, while you have rights to a cheque for the refund, so does the bank have rights to settlement of the outstanding debt.

 

Good luck.

[k1308]

Hi, thanks for that.

I have contacted the debt collection agency repeatedly to arrange repayment but they won't accept my offer, even though I proved to them I have no money spare as we are with debt management.

 

Even so, surely I can still have the charges refunded separately to this as in my eyes they are two separate issues??

 

Is there a way I can go about enforcing them to send me the refund in a cheque?

 

I just don't want to let it go as I feel I have been hard done to.

I know I have to pay them what I owe them but likewise I feel they should pay me what they owe me.

 

The main thing that annoys me is that as my ex is now bankrupt I become liable for the whole amount but yet half the charges to be refunded have gone to the insolvency to clear his bankruptcy - I'm not sure though that this wil be reflected in the full amount I now owe them?

 

I hope that makes sense.

[adarling2006]

i'm busy fighting the HBOs on their right to off set, considering they just took £108 quid from me in refunded charges and put them to another account with is in debt. they say it's their right to do so under their terms and conditions, but the right to off set is clearly stated as an unfair terms in the UTCC regs 1999, which is what i'm challenging them on, i suggest you do the same, ask in a letter for the full T&C's and then hit them with the UTCC and demand a refund or see them in court.