Halifax/blair o;iver scott, can they do this ?

[kfdh1962]

Hi All,

need some advice if you can please. My son has just been paid £503 as partial payment in respect to bank charges which i have been helping him reclaim from the hlaifax. This was accepetd as partial payment with the remainder of the claim continuing.

he has a loan with hailfax which is in default, and has been for some time.about 6 months. The loan has been passed to blair oliver scott and then moorcroft for collection.

getting to the point of my question, today £395 was taken from his account, when he contacted hailfax to ask him where the money had gone they told him the money has gone to blair oliver scott.

 

questions

 

1 How can BOS take money from his account without permission and without him giving his details?.

 

2. The most recent letter was from moorcroft, so how is it that blair oliver scott have collected?

 

surely this is not legal?

 

advice greatly appreciated

 

 

thanks

[powelll]

If he has debt with the same bank he has a current or savings account with then the bank have the first right of offset over funds paid in. This is quite legal which is why anyone giving money or debt advice always tells people who have debt with their bank to open a ' safe account' elsewhere ie a bank they don't owe any money to.

 

It's also quite common for banks to use different DCAs to collect ( although only one should be pursuing your son at any one time ).

[santos ehelper]

Hi

 

I have been in a similar situation with the halifax taking money from my current account to pay a halifax credit card ( which was in dispute at the time!) and i am waiting for a new account to be up and running with a different bank and i will kick the halifax into touch, but surely they cannot remove funds to pay a DCA ( Blair oliver scott)..........

 

well I hope they can't

 

Regards

 

Santos

[gymfreak1978]

They Did To Me But Thankfully There Was Only A Fiver In The Account.

 

Ive Read On Other Threads Banks Are Entitled To Take Money From Other Accounts If Another Account You Have With The Bank Is In Defualt.

 

Bliair Oliver Scott Are The Halifaxs In House Debt Collector.

[kfdh1962]

They Did To Me But Thankfully There Was Only A Fiver In The Account.

 

Ive Read On Other Threads Banks Are Entitled To Take Money From Other Accounts If Another Account You Have With The Bank Is In Defualt.

 

Bliair Oliver Scott Are The Halifaxs In House Debt Collector.

 

 

i was wondering if that was the case as that is the only way they would have access to the account and have his details, so basically they can take any money that goes into that account?

[santos ehelper]

Hi again

 

I don,t know wether they can take money when the account is in an overdraft situation because I am always into my overdraft as soon as i get paid but as soon as I was " in credit" due to a bonus payment they snatched money as soon as the cheque had cleared before I could get to a branch to draw it out.

 

I have now opened a basis cash account with another bank and I am transfering everything to that so that I am now in control not the halifax.

 

Have a read of bookworms thread " Taking back control of your finances" it shows you exactly what to do, very informative and it fitted my situation perfectly.

 

Regards

 

Santos

[Diamond301]

hi all,

 

sorry to put a dampner on this but halifax did the same with me and withdrew £150 from my current account to pay the remaning balance off a default account held by Blair Oliver Scott also. Looks like common practice to me, as others have said i am now in the process of looking for another bank account and they can enjoy my 2k a month wages instead of the halifax!!!

 

Diamond

[kfdh1962]

Hi again

 

I don,t know wether they can take money when the account is in an overdraft situation because I am always into my overdraft as soon as i get paid but as soon as I was " in credit" due to a bonus payment they snatched money as soon as the cheque had cleared before I could get to a branch to draw it out.

 

I have now opened a basis cash account with another bank and I am transfering everything to that so that I am now in control not the halifax.

 

Have a read of bookworms thread " Taking back control of your finances" it shows you exactly what to do, very informative and it fitted my situation perfectly.

 

Regards

 

Santos

 

 

hi santos, yes i have read that thread in the past and do have another account set up. unfortunately halifax refunded some of the charges i am claiming back for him into his halifax, and BOS took the money before we could move it to another account

[Falkirk1298]

Hi All,

need some advice if you can please. My son has just been paid £503 as partial payment in respect to bank charges which i have been helping him reclaim from the hlaifax. This was accepetd as partial payment with the remainder of the claim continuing.

he has a loan with hailfax which is in default, and has been for some time.about 6 months. The loan has been passed to blair oliver scott and then moorcroft for collection.

getting to the point of my question, today £395 was taken from his account, when he contacted hailfax to ask him where the money had gone they told him the money has gone to blair oliver scott.

 

questions

 

1 How can BOS take money from his account without permission and without him giving his details?.

 

2. The most recent letter was from moorcroft, so how is it that blair oliver scott have collected?

 

surely this is not legal?

 

advice greatly appreciated

 

 

thanks

 

I would advise your son to submit a CCA request to Halifax for his loan agreement AS A MATTER OF URGENCY. HBOS's record keeping is dire, and there is a chance that they won't be able to supply the necessary paperwork. No guarantees, but you never know. That should at least give them something to think about.

[bathgatebuyer]

I've had exactly the same thing happen when I was disputing the charges on my Visa account with them. By coincidence I only found out when I went to the bank to pay my credit card bill and there was no money in my current account to pay it, and no arrears shown on the credit card when I got there!

 

Absolutely irritating as hell, but the fine print does say they can do it unfortunately.

[kfdh1962]

Halifax sent a letter to my step sona couple of weeks ago which i have only just seen.

In it they quote the test case and the permission from the FOS/FSA to suspend all action on bank charge claims pending the outcome of the test case.

My stepson had received a payment of £500 against a claim of £1000. We had rejected this offer as full and final settlement and stated that we would only accept this as part payment of the full claim.

So hailfax have now asked him to sign some forms and agree that this was in full and final settlement of the claim or reject the offer and repay the money already paid, and all would then be reveiwed follwoing the test case.

So, we wont accept this as full and final settlement, but paying back the money is a problem as immediately they paid in the money they then took out £395 to offset against another debt. Effectively they are asking him to pay back money they have already taken and used elsewher. His only source of income is incapacity benefit so there is no way he could even consider paying it back.

So i have darfted the follwoing letter to hailfax requesting they continue his claim as his claim is made up of benefits and he is under financial hardship....

 

Dear Sirs

 

I am writing in response to your letter dated 2nd August 2007 in respect to your “goodwill” offer of £503.

I am aware that the FSA has granted the banks permission to suspend activity on bank charges claims until the outcome of the legal test case.

As per my correspondence dated 16/07/07 sent recorded delivery (copy enclosed), I have already written to you advising you that I do not accept this as full and final settlement of my claim, but that I would accept it as part payment towards the full value of the claim, and that I would continue actions necessary to recover the remainder of the claim.

You have now requested that I return the money already paid to me, this being a sum £503, accepted by me as partial payment of my claim. I would like to point out to you that having deposited this money in my account Halifax/Blair Oliver Scott immediately, without permission or notification, removed £395 from my account to offset against a loan agreement. So, effectively you are now asking me to repay money that you have alreday taken back from me. My sole source of income is incapacity benefit, and I therefore have no means of repaying this money as a lump sum.

The charges levied from my account are from benefits, and the failure to settle my claim is causing me ongoing real and factual, financial hardship. It is my understanding that in such cases the waiver from the FOS/FSA does not apply, and that these cases should be dealt with ahead of the conclusion of the legal test case.

I therefore request that, in line with the conditions laid down by the FOS/FSA, you continue processing my claim. I shall be writing to the FOS to request that they instruct you accordingly, a copy of this letter will be included.

I shall continue all necessary actions to recover the outsanding amount of my claim

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

any comments???

 

i will also now contact the FOS regarding this

[lookinforinfo]

When you say the money has gone to Blair Oliver and Scott, are you saying

that your sons' account is now held by them and not by the Halifax.

If it is, then the bank does not have the right to offset the funds.

 

If you read this article by the Ombudsman it may help to clarify when banks

can and cannot use the right of offsetting-

banking: firms' right of 'set off'

[kfdh1962]

the current account and the loan account are both with the hailfax. Blair oliver scott are apparently halifax's in house DCA.

 

according to replies i had earlier in this thread they are allowed to do this... i wil take a look at the link you have posted

[kfdh1962]

looking through the information in the link it looks like all of the required conditions for "set off" existed, although they didnt give him any prior warning that they were intending to do this....

[Santos L Helper]

looking through the information in the link it looks like all of the required conditions for "set off" existed, although they didnt give him any prior warning that they were intending to do this....

 

 

Thats the halifax for you,

 

11 years perfect banking history, never missing a mortgage payment, loan payment, having all isa's, insurance, savings etc with them......but.....

 

miss a couple of card payments due to personal circumstances and they treat you no better then something they trod in outdoors!!!!!!

 

 

Hope everything turns out well for your son,

 

Regards

 

Santos

[tiglet]

Due to the problems I have been having, I would suggest that your son calls Blair Oliver and Scott to ensure they really have received the money.

 

Seems to be communication problems between the two companies.

[FANTASY CHARGES]

THIS post is about the halifax taking money from your halifax current account to pay your credit card

 

now if your halifax credit card is managed or whatever by mbna surely halifax can't do this ??????

 

meaning its a halifax account when they say so and its a mbna account when they want it to be ????????

[kfdh1962]

THIS post is about the halifax taking money from your halifax current account to pay your credit card

 

now if your halifax credit card is managed or whatever by mbna surely halifax can't do this ??????

 

meaning its a halifax account when they say so and its a mbna account when they want it to be ????????

 

 

no, its not to do with a credit card. they paid £503 into his account as payment towarsd his bank charges claim of £1000, which we accepted only as partial payment of claim, then within 3 days they took away £395 and set this off against a persaonal loan he had with halifax which is in arrears/default

[Leeds-Blokey]

Have a read of bookworms thread " Taking back control of your finances" it shows you exactly what to do, very informative and it fitted my situation perfectly.

 

Santos, can you please advise the link to Taking Back Control of your Finances as I can't find it.....

 

Thanks

[sea-sidelady]

Hiya Leeds Blokey.

 

Here is the link you are looking for.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/73030-taking-back-control-your.html

 

You really need to start a new thread of your own, as it is easy to get missed when you post on a bottom of some one elses.

[Leeds-Blokey]

Hiya Leeds Blokey.

 

You really need to start a new thread of your own, as it is easy to get missed when you post on a bottom of some one elses.

 

Sea-SideLady - thank you I appreciate your advice and the link.

 

Having a nightmare so new to this - never had credit but am being chased by halifax and they just stole £1000 from my account, why? God only knows! lol

 

Thanks again - will learn through practice.....

 

Steevo

[sea-sidelady]

Here is the link to the Halifax forum.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/

 

Start a new thread in there, and we can see whats going on.

 

Also there is a link in my signature called "Dummies guide to Cag" It will really help you, but if you get stuck, we will help you, dont worry.

 

See you in there...!!