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  1. Hi everyone, I am having a traumatic time with Bryan Carter Solicitors at the moment. My partner has received a claims form asking for £2600 from a Halifax Credit Card debt three years ago. The claims form was only received on Tuesday 24th February, but was dated 6th February. Now this is what worries me and where I get slightly confused. He called them straight away and they said they will hold off judgement, providing that the debt is cleared within six months. I called them as what they stated to my partner, didn't sit well with me, nor do I trust them AT ALL! And initially they said they cant send anything in writing to confirm that they will hold off judgement for six months. But they did change their tune when I mentioned the FCA and said they will get a letter out confirming that 'if he says true to an agreement, they will hold off judgement'. But again I don't trust them. I feel slightly stressed and confused, as I feel that I have lost the chance to do anything now, as N9A form should of already been submitted (I only know slight information regarding how CCJ's work, as I dealt with litigation in an insurance firm) so any help/advice would be greatly appreciated. Many thanks
  2. Hello to everyone, I am looking for help regarding a claim I started in January regarding a PPI policy I knew had been missold on a loan taken out in 2002. I rang Halifax initially and once past addresses etc were given I was found on the system. They sent a questionaire and I completed it. Then about a week ago a Halifax employee called and asked a few questions regarding other loans I had held. In total 7 loans, over an 11 year period from 96 to 2007. Constantly rolling them on. The Halifax employee said 4 of the loans had PPI which prompted me to do an information request. I got back 6 standard letters with individual loan numbers on stating " Subsection 77(3) of the Act provides amongst other things that section 77(1) does not apply to an agreement under which no sum is, or will or may become, payable by the debtor. The above loan was repaid on xx.xx.9x this means no sum is, or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement, any document referred to in it or a statement of account" Two of these had details attached though, showing no PPI taken. One has details attached showing single premium PPi taken out without my consent. Three have no information attached at all and the last loan, the one that prompted the claim is not mentioned at all? My questions are, do I need to do an SAR for the full details? And if/ when they come back to me, what course of action do you advise? I havent a clue how to work out what is owed. The PPI shown on the agreement from 1997 they did send is @ £1000 plus over £320 in interest. And the last loan in 2002 is over double that. The last loan taken out was only available IF I took out the PPI at the time. Am I right in thinking that conversations were recorded by 2002? I said point blank it was not required but was told "no PPI no loan." All the policies were mis sold as I have serious health problems starting well before the loans were taken out. I have had months off work at a time, plus long stays in hospital throughout my adult life. I am now registered disabled and the worry of doing the wrong thing is not helping at all. Any help or suggestions welcome, I just want recompense for the money I paid out upto 18 years ago. Sorry for the long winded story, moderators do edit or delete as you see fit. Thanks in advance
  3. Hi all again, I'm currently trying to put a bank charge claim for my friend, I've stop because I need to find out if he can claim hardship. When looking at his statements, I found he has paid a lot for his Halifax account. I asked him why does he pay? He said he was told he had to get the "Ultimate Reward Monthly Account" to get an overdraft. I've found online that this is textbook miss-selling, he also doesn't use and has never needed any of the insurances with the account. I'd like some advice on if I'm going the right way on this. I've drafted the moneysavingexpert letter for claiming back the charges and worked out the 8% simple interest. Not sure if you can claim the 8%, but i found a few sites saying you can. I'm sure my letter needs a bit of work, I'll upload it with the spreadsheet. My Letter: Account Name: Ultimate Reward Monthly Account No: 0000000 Dear Sir/Madam I have had the above account since 07/10/2009 but believe it was mis-sold to me on the basis that, I was told at the time I had to get the account in order to take out an overdraft. I calculate that you have taken £704.74 in fees, in addition to which I also claim 8% simple interest of £169.47 which totals £874.21. I am enclosing a copy of the schedule offees which I am claiming. I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service. Yours Sincerely Friends Signed Friends Name Printed Thanks Andrew
  4. Hi all, Currently have a claim in with the FOS over a mortgage PPI claim back in 1987. This in on behalf of my father (who was alive 2-years ago when he submitted the claim) but has now died. I am continuing it on behalf of my mother. I have today received a rejection letter from the FOS stating that they don't think the policy was miss sold and that it was suitable for my father who was self employed. When we made the claim my Farher distinctly recalled that he was told he had to have the policy otherwise he wouldn't get the endowment mortgage when he tried to make a claim on the policy, as he was self employed, he was told he would have to renounce his company with HMRC etc in order to make a claim. There's little we can do about the issue of being 'forced' to take out the policy on the threat of next getting the mortgage, but hopefully there is something I can do about the policy not being suitable for a self employed person. I attach the front page of the mortgage PPI certificate which Halifax have provided to FOS unbelievable, they cant find the rest of the pages which I assume would say under what circumstances a claim can be made - I know its a long shot but does anyone have a copy of the rest of the document - which I assume will be general terms and conditions. Thanks in advance.
  5. Hi again So here you go again another copy and paste of my brief story .. Enjoy ..Oh and my 3rd alleged debt.. Please help So my story.... I used to work for HBOS plc (Halifax) as an IT specialist. In July 2007 During my time at HBOS I became severely ill with encephalitis (similar to meningitis) which left me disabled and stuttered and completely inaudible amongst other symptoms. As a result In 2008 I was let go by HBOS after 8 months of SSP - due to my long term sickness. Debt 3 - Halifax Packaged Account Defaulted in 2007/2008 - one of those pay £15 a month for perks you never use. Debt now owned by Lowells. I worked for Halifax they signed me up as staff and I didn't really get much information about the account other than internal IM comm's. Last Payment I made to this account must have been 2007/2008 as I was in a coma after that and there was no money going into that account. My overdraft was £1000 - so the extra £468 must be charges and unpaid monthly fees. Debt has been sold to Lowell who have just sent me an annual statement of account.. From what I have read on the Forum I believe this debt is now Statute Barred? My next steps... Not to acknowledge the debt? CCA request? Statute Barred Letter and removal from credit file? Advice and help and comments and sticks and stones and the kitchen sink... Let me have it Please Thank you Beautiful People
  6. Hi, sorry if i havent posted in the correct place. i have applied for a mortgage everything has been accepted subject to a valuation. we are buying a house of my inlaws for about £35000 less than its worth. valuation was done this morning, my mortgage adviser said he will chase them tomorrow and then wait and see what they offer. what i want to know is...what does he mean by offer? i have been told that i have been accepted subject to valuation and have even received paperwork advising me of costs and monthly payments direct from the Halifax. never bought a house before so just worried, can it go wrong now? thanks
  7. I had a Halifax credit card, which after losing my job in 2006, I struggled to make payments on. When I could no longer pay the minimum amount each month, I took debt advice and in April 2007 I began to pay Halifax £1 a month, to which they agreed. This continued until January 2008. The Halifax then started to add interest and late payment fees to my account. They said they had to do this for six months which would then default the account. They actually did it for eight months, froze the interest and accepted a payment of £10 a month. The payment has gradually increased to £30 a month. They continued to add interest and late fees, even though they knew I would never be able to pay. I want to write to them and request they refund any interest, late payment fees and compound interest to me, enabling me to reduce the balance. This amounts to £520.15(without the compound) and would finish my debt 17 months earlier than planned. How do I go about this? Blair Oliver and Scott took over the debt but when I requested statements they came from the Halifax.
  8. Hiya, Bit of a complex one, Got an account with Halifax that went into many problems - mainly system problems that caused the account to disappear, lose address records etc but it also lost my overdraft and was therefore moved to debt collection while I was in complaints process with them! Due to illness and a death in the family a few months passed and I did not hear back from Halifax. I then recieved out the blue a letter from MKDP saying I owe the account balance I gave them my complaint reference and re-wrote to Halifax who said they will get back to me in 4 weeks - I asked MKDP to put it on hold while this happened. Now today I have come in to see a court claim form from MKDP for the account balance + costs. Obviously I am going to defend myself against this especially as this is still in complaints but just want to know the best way to do it before I do Is it relevant as well that the claim has only been made in my name when it is joint account? Any help appreciated
  9. Hi I have finally received my SAR from Halifax regarding my credit card and send me all the statement from 2000 up to now. There is roughly over £1000 charges regarding a insurance they have charged me for payment protection from the date 2000 to 2005 and then it was stopped and no protection charges after that period . There was also CCA dated 2000 with my faded signature on it . please advise What I should do I will appreciate any suggestion or advise if possible
  10. Hi all again, After winning my claim with NatWest, my friend asked me if I could have a go at his Halifax bank charges. A lot of his charges happened when he lost his job last year. He's got back on his feet now so I'm wondering, since the charges happened when he was in financial hardship, can he still claim them back even if he's back on his feet now? Any advice please Thanks Andrew
  11. Hi guys. I hope you all had a great Christmas! I was until I received a letter from the County Court Business Centre on December 24th I have already located the form to fill out on here regarding the particulars, so I really hope someone out there can help. I will just get right down to it. Name of the Claimant ? CABOT FINANCIAL Date of issue – 22nd December 2014 Date of issue 22/12/14 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/1/15 + 14 days to submit defence = 24/1/15 (33 days in total) - What is the claim for – The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland dated on or about March 02 2006 and assigned to the claimant on Oct 02 2012 in the sum of £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? CURRENT When did you enter into the original agreement before or after 2007? BEFORE Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchase issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive Letter from HFX telling me all assigned rights are now Cabots (it wasnt letter headed as Notice of assignment though) . Did you receive a Default Notice from the original creditor? I remember a DEFAULT NOTICE SERVED letter from HFX in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was on a fee charging DMP for years, decided to try and negotiate myself after loss of job with a monthly token payment, never had a response. My financial situation worsened, got scared and stop communicating. What was the date of your last payment? Aug 2013 (According to Credit Report Was there a dispute with the original creditor that remains unresolved? I had previously wrote a letter to get numerous £35 charges removed. This was sometime ago and cant find the original letter I sent. Since then my financial situation has taken a massive downward spiral. Other than that I really cant remember anymore Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As above I did enter onto a fee paying DMP but this account is largely made up of very high penalty charges (not including overdraft fees) I have registered with MCOL and got to the stage where I can see the claim against me, but not sure what to do next. It was a current account with an overdraft so I am aware CCA is no option? I owe various creditors and have been considering a DRO as the total (including this debt) falls just short of 15k. I have to admit, I got scared when the letter came through the door with the court claim stamp on it, it wasn't personally delivered however, just came via the postman. HELP and thanks in advance.
  12. Hi, really hope you can help, background first - I had a loan account with Halifax until I met my now husband, he joined it and became a joint account, Halifax gave us a very large overdraft of £4,600 (we were both earning well), and we had a credit card each, plus a loan through RBS. However Easter 2011 Halifax withdrew our overdraft with just a letter, it had been okayed in the February when they looked at it, and without out warning it was gone, it left us with a £4,600 debt overnight, we were getting married in the October, so we decided to remove all of our money from the bank and move to Nationwide, and have not had credit from anywhere since, by choice. They tried several credit companies to get the money out of us, and since then at some point i did the CCA on them, cant recall when. Heard nothing from them about the overdraft account, or the 2 credit cards, get an annual statement for the loan, and a statement for another account i had with them. out of the blue I received a claim form from Cabot and admit i ignored it, as I had all other letters, I have never had a letter from Cabot saying they bought the debt, just this claim form, have had another letter come, which I cant find now! saying it went against me in court and I have to pay £85 by 05/01 or else, they say they can enforce me, I assume send bailiffs round, which i want to avoid, we dont have anything to that value. first what do i do, and 2nd i have noticed the debt, doesnt say what its for, just an amount, if its my credit cards I didnt think it was this high, if its the overdraft then its a joint account why arent they going after my hubby as well. can anyone help me please, i have had my head in the sand a bit, my hubby has aspergers so is unable to help me, and feeling a bit overwhelmed by it all
  13. I wrote to Halifax on the 23rd August 2013 for my CCA - I got a letter on 2nd October 2013 saying that they have a reconstituted version and that I was being mislead about any claims that I may make as to the validity of the Debt. Either way the debt disappeared of my credit file and I have heard nothing since. Suddenly I have had a letter saying they have sold the debt and I am being called every day by 1st Credit. Any Suggestions? As an aside, rather embarrassingly, the first time they called me was a few hours after I found out my father had passed away. I was upset and fired a tirade of swearwords and verbal abuse at the person. It's not how I behave normally - that won't cause me any problems going forward with this will it?
  14. Hello. I have received my SAR from halifax . They have sent my yearly statements from a mortgage I had with them. An explanation accompanied the statements, stating that the loan was split up as loan 'a' , the mortgage, loan 'b' any services or ppi and loan 'c' which has something to do with MIRAS which I think is a tax thing. My statement shows balances under loan 'b' each year. Is this ppi rolled into the mortgage? Has anyone any experience of this? Thanks.
  15. Hi, i have had mortgage arrears for a number of years never been able to control them(approx 6k). due to an upturn in trade earlier this year i managed to get them down to £234 then a catastrophic business deal dumped me straight back sq one unable to pay the mortgage again i rang them and told them i would not be able to pay the up coming payment. i was advised that if i cleared the arrears before the next due payment i would be entitled to a review of my account to see if i could get the payments down to an affordable level. i did this only to be told that it wasn't true the nice lady from complaints took £100 off the arrears and put £200 into my private account, she said they should of said "i pay off all the arrears and one full months mortgage payment then i could have the review". she made sure i had no savings and no way of paying the extra i then received a letter saying my agreement for reduced payments was at an end and i needed to make another which i did . i knew this was my busiest time of year and went hell for leather to meet the all the arrears and one months payment option by the skin of my teeth i succeeded. previously i have had arrangements go wrong because i paid on card and they say this takes 3 days at this time i was told that if i paid cash into a halifax branch it would show immediately. ( which is what i did ) they now say cash payments don't show for 24 hrs!! in the sure knowledge i had covered all the bases i rang them i seem to have rattled the cage i don't think they expected me to meet there criteria and don't want to give the review i so desperately need my payments have jumped from £695(interest only which they have taken away as an option) to £1380 a month and simply can not afford it. i dont want to go into arrears again i need some advice what do i do next i have to phone them tomorrow but can already see where this is going any ideas how i should approach the matter.
  16. I checked my credit file and have a CCJ issued at Northampton CCBC in December 2011. I believe this is Cabot as there is another listing for them on my credit file for the same amount and the last 4 digits of a Halifax CC which was opened in February 2003. I never received the claim papers as my home was repossessed just over a month before the Judgment. At that time I was in a mess and didn't update my address with any creditors. I have done a CCA request to Cabot. They have acknowledged the request, but not had the agreement back yet. Is there any chance I can apply to get this CCJ set aside?
  17. Hi i have had an ongoing dispute with halifax since 2009 passed to various dca, they issued a faulty default notice in june 2009 and cancelled the agreement in september 2009, at which point I sent a letter that they had unlawfully rescinded the agreement. I have only ever received the application form as proof of my agreement and they have sent term and conditions with name and address on, the account has now been assigned to capquest for collection. I have attached the application and the last letter received by Halifax simply stating theyv'e done enough to prove under the s78 and if I have further complaint to go to financial ombudsman service with my complaint. Any feedback would be helpful as I am now feeling a bit out of my league and not sure what to do confused49
  18. Hi, I used to have a credit card at the Halifax can't remember whether it was cleared or whether it's still open with an outstanding balance. I have a load of statements here with around £600 in charges on it, not including interest. The account is most definitely statute barred now and I have no letters or details from them as I moved and they never chased so I really can't remember. I do remember them taking money out of my current account there for a year without my knowledge to make payments against the credit card. (I never opened my mail) silly me. Any suggestions on whether I should send a SAR to see if the balance was ever cleared or not. If it was I could claim back all the charges plus the interest. Thanks
  19. Hi, it's my first post on here so be gentle lol. My partner and I were recently browsing looking for loans we came upon a certain website (which today has been on the news through Natwest) and yes we did put our card details in but at no time did we think that we were actually committing to something, let alone allowing them to take money from our account. Once we spotted the 2 withdrawals from our account we immediately tried to get in touch with the company via phone but it is all automated and it simply tells you to log into your account online and cancel and request a refund that way. When you try to log in online ....... guess what? they have no record of you! I have sent messages through there website all to no avail - we haven't even got an email to say "welcome to........." I called Halifax and they have said, sorry we can't do anything as you put the card details in and it is in that companies small print that they can take that money out! I have just checked my account again to find yet another company has taken another amount out - which happened to be mentioned on the other companies website! Can anybody help please?
  20. My mother has just mentioned, upon opening her latest credit card statement, that she is paying something called ''Repayment cover''? Is this the same as PPI but just named differently in order to continue the big banking con? I'm trying to dig about and find out exactly what it is for, but if, as I suspect, it is to make payments on her card in the event of illness/injury/death etc then I will be putting in a reclaim for her.
  21. Hope some mortgage experts on here can kindly assist. My OH and I took out our first mortgage in 1990 (100% repayment) and we were sold a 25 year Standard Life policy through a Halifax Property Services agent, who advised that it was compulsory at the time for the mortgage to be agreed. We got into some financial difficulties in early 2000 and the direct debit was cancelled and never reinstated. I also don't recall ever hearing anything from the Halifax or Standard Life regarding further payments. I have now located the relevant policy details with relevant policy numbers and various HPS letters regarding the sale. Now before I go any further, was the advice by the HPS agent / Standard Life representative correct in what he said ? Or is this a form of miss-selling and we could have sought other alternatives ? If so who do I contact with complaint ? Thank-you for any advice.
  22. Hello, I purchased my council house under the right buy act, I took out an interest only mortgage with the Halifax and registered the deeds and the mortgage in both my and my Mother's names I paid the full amount of the mortgage for 20 years until i moved out My name is still on the deeds and as far as I know on the mortgage as well. My problem is that due to various reasons I am not in communication with any of my family so can't see the statements , The Halifax won't send me a copies because I no longer live there and also don't know my balance. Is this legal?
  23. I disputed some transactions that I did not make last week. I was refunded for some but not all..waited a few days then gave them a ring today about it as I assume if the refund didnt come, then those transactions are not being investigated. I am more concerned about getting to the bottom of this tbh than about the refund. Anyway, when I disputed the transactions I asked for a new debit card to be sent, which I was told it would be. The suspicious transactions have since continued, so they clearly have not cancelled my old debit card. I have no money left in the account now and plan on it staying that way until they can tell me whats going on..just a bit worried that these payments will end up makking me overdrawn.. Anyway, today I rang the bank to ask about both my debit card and the disputes. Went through security and such only to be told that they couldnt discuss anything on the phone with me until I go into the bank with my ID. I have absolutely no idea why this is as I have never had a problem before. I cannot get to the bank until next wednesday (health reasons) MY question is..can they really refuse to issue me a new debit card and cancel the old one when fraudulent transactions are currently going on on my account?! Surely they will be at fault if the transactions do end up making me overdrawn? I am really really annoyed right now..have put in a complaint using their online form but dont expect to get a call back
  24. Hi My PPI claim for a Halifax credit card has now been with the ombudsman for FOUR years and counting, seemingly without an end in sight. Only 11 months of that was spent waiting for my case to reach the front of the FOS queue to be assessed. The remaining 3+ years has been purely down to delaying tactics, stonewalling, and worse by the bank. I apologise for the long post, but to provide some detail: In March 2010 HBOS agreed, in writing, that I was due a refund & that this should be calculated according to the FOS guidelines, as this was "the only fair and reasonable way of addressing my complaint." HBOS then proceeded to make an offer that in no way followed the FOS guidelines and refused to explain its calculation (which is/was also a requirement of the FOS). After several months of stonewalling I took my complaint to the FOS. Both parties have agreed from the outset on the total amount of premiums due to be refunded. Both myself & the bank have every single statement for the account (physical first-hand documents), meaning all the necessary information to make a fair calculation is readily available. HBOS falsely claimed the account was closed sometime in 2010, despite ALL documented evidence emphatically proving otherwise. The account remains open and has NEVER been closed, nor the balance cleared. As mentioned, HBOS has stated it has all the statements for the account & is basing its calculations on said statements (ie no periods of estimation) so it is inconceivable that this could be a genuine oversight. And yet the bank remains unwilling to explain how & why it wrongfully claimed the account was closed. This claim would have effectively wiped off several years of (27.95%) interest due on the refund, amounting to thousands of pounds - this is according to their own calculator/formula sent with their last offer/breakdown sent in January 2014 - which still claimed the account was closed. The account still has a substantial balance and has never been lower than the total number of premiums added at any given point. 100% of the account balance is due to PPI and has been for years - there have been no new transactions on the account since 2007. Again, this is all evident in HBOS' own breakdown sent in January. As a result, I have continued to make monthly payments to the same bank that actually owes me thousands of pounds, solely towards a balance that would not even exist at this point if it were not for the premiums wrongfully added to the account by the bank! Despite all this, HBOS seemingly refuses to even respond to the ombudsman's requests for either a recalculation or even clarification on its formula and its claim the account was closed. Month after month I get an update saying they are still waiting to hear anything back. I am in total limbo and have no idea what to do now. My case should be a relatively straight-forward one & I don't think it would be possible for me to have more substantial & conclusive evidence to back up my claim, yet HBOS seems to act with total impunity. Any advice whatsoever would be greatly appreciated. I feel I have nowhere left to turn. Thanks
  25. Hi everyone. This is my first post I hope I'm posting it in the right place? I had an incident with the Halifax recently and I'd like to get a few opinions on how to complain about it. I entered a branch with my little boy to ask about opening a bank account for him. The man I spoke to took us into a side room to talk about it. He very quickly sidetracked the conversation into talking about Halifax insurance options. I didn't ask about insurance, but he was telling me about it anyway. I politely told him that I wasn't interested in any insurance, to which he replied "You can't afford not to, imagine getting home today to your house being burnt down, imagine your sons toys and clothes all being burnt" He told me I couldn't afford to take the risk and that I needed Halifax home insurance. I told him firmly that I wasn't interested. His first response was "Imagine if you died, who would take care of your baby?" I instinctively responsed "My mum would" he carried on his irritating pitch with "Well, is she rich?, you need our life insurance" It was a very akward situation, in order to stop him I told him that I would discuss life insurance at home with my family. A few days later he rang me and started to badger me again about the insurance. He told me to come back in to buy some. I didn't. I don't know much about this sort of thing. Did this man break any rules when he did this? Or are the banks allowed to use scare tactics to try and sell insurance? I am intrigued to hear other peoples thoughts on this? It was very irritating and rude I think for him to be so graphic. Is it worth a complaint? Thank you for reading, any views would be very much appreciated
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