Halifax overdraft debt help please

[carriesue]

Hi is there anyone that can help me with my last post. Received another visit from a very unfriendly Moorcroft agent. I informed him that I have been making token payments and this is all I can afford. His response was to advise me to put my flat up for sale before debt recovery issues a charging order for my debt of £ 2,500. I am very upset.

[dx100uk]

you are under no LEGAL obligation to talk to them at your door at all.

they have no more powers than the MILKMAN.

 

tell them to go away or you will call the police.

 

they will never do a CO for £2500 utter bull.

 

dx

[sigsoldboy]

Please read the following document http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

This gives you a starting point to understand your rights when dealing with a DCA. Remember these guys are bullies and the only way to play the game is to understand you rights and be confident in dealing with them. Dont get angry, get even, it can be scary but ensure your learn your rights and defend them.

 

False representation of authority and/or legal position - Section 2.4 B) falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

E) falsely implying or stating that failure to pay a debt is a criminal

offence or that criminal proceedings will be brought

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive

2.6 Examples of unfair practices are as follows:b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

Print of the following letter 2 or 3 times, stick one on your door and read it to any visitor for a DCA, then hand them a copy through the letter box. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

You are under no obligation whatsoever to talk to them at the door.

 

Tell them that if they continue you will report them to the Office for Fair Trading as they are in breach of OFT guidlines. Call Halifax and inform them that you are doing this "If consumer credit licence holders choose to do business or continue to do

business with third parties engaged in questionable fitness behaviour, then their

own fitness will be called into question."

 

This should buy you the breathing space you need to get a repayment process in place. 2nd, by defending your self you will get more respect from the DCA and they will start to treat you like a human being, if only just.

 

One last piece of advice, always record your conversations, tell them you are recording the conversion. I do this on every call and have never been stopped by a DCA from doing so.

[dx100uk]

good post

 

dx

[carriesue]

Thank you for your response. I feel much more in control now.

The payment book that Moorcroft demands that token payments are made by incurrs a charge of £2.50p each time, which defeats the object of reducing my debt.

 

Is there an alternative to avoid these charges.

 

Many Thanks for your kindness

[dx100uk]

use internet banking

 

dx

[carriesue]

I only have a basic bank account. Changed it as Halifax was taking money from my benefits. I will definitely look into the possibility.

Many Thanks

[sigsoldboy]

do you have a debit card? They can take payment from there for free. Cheque book or even a postal cheque would be cheaper, there about .50p.

 

Again in the OFT guidelines this is an example of unfair practice, sounding like a broken record here, section 2.10. a, claiming costs from a debtor in the abesence of express contractual or other legal provision, b, misledaing debtors into believing they are legally liable to pay collection charges when this is not the case. d, could also be loosely interpreted.

 

Basically there is no reason that you should be paying charges to pay off a debt. Call Trading Standards and complain.

[carriesue]

Help needed please!

 

In 2006 due to illness and unable to work I wrote to Halifax asking them to freeze interest and accept token payments.

 

2008 to 2009 after haggling, and them demanding full payment i still continued token payments.

 

Consideration of Hardship letter was also sent.

 

13/11/2009 arrangment ends .

15/12/209 Default Notice was sent to me.

29/12/10 Agreement Termination letter sent.

 

Then Moorcroft get involved 29/01/10. I sent a Letter of Dispute.

 

Meanwhile I have still been making token payments regularly to Halifax direct.

 

On 8/11/11 I went to Halifax branch to make token payment

and was informed the account had been closed.

 

Any help greatly appreciated as I am not refusing to pay them,

just don't know what the next step is.

 

Many Thanks

[dx100uk]

and.........i'd cheer!

 

what does your CRA file say.

 

dx

[carriesue]

Sorry I don't know what a CRA is

[dx100uk]

credit ref agency

 

dx

[carriesue]

I have been on Experian and it states the account is in default. I have not received any correspondence regarding my Halifax current account being closed.

 

Moorcroft was sending letters demanding money previously but I continued to make token payments direct to Halifax.

 

Do I now contact Moorcroft and pay them.

 

Many Thanks

[dx100uk]

def not.

 

NEVER EVER contact or speak to a DCA esp on the phone.

 

who's name is against the debt on the CRA file?

 

dx

[carriesue]

Just states 'Debt Management Programme'

Instruction start date 1/10/08

Special Instruction End Date 1/01/10

Default Balance

Defaulted on 11/01/1

 

Thank you for you assistance dx

[dx100uk]

no - who's is listed as the OC [owne]r of the debt.

wnich creditor does it say you owe?

 

dx

[carriesue]

Lender states Halifax

Tx

[dx100uk]

ok so its not been sold on then.

 

pers i'd wait

 

lets see who pop their head out the water.

 

await the next letter then post here.

 

dx

[carriesue]

Thank you very much for your advice. I will wait and see who contacts me. Thanks again.

[carriesue]

I have been making token payments into a Halifax current account since 2006.

 

On 9/1/12 I went to make a pyment at my local Halifax branch and was informed the account had been closed.

 

I have received numerous letters from Robinson Way demanding payment the last on stating that their local collector will be visiting me in a few days time.

 

I have written to Halifax directly as I have not refused to pay them directly.

 

I would like advice as whether I have any involvement with Robinson Way as they do not appear to be very professional.

 

I will of course send them a letter regarding 'Doorstep Collections'.

 

Advice appreciated.

[huggys boss]

Did Halifax not tell you in writing that your account was closed or that they had passed the account on to a DCA?

 

Is this on your credit file and how does it look?

[BankFodder]

You should keep making the payments - or at least keep trying to.

They have no right to refuse payments

[carriesue]

One my credit file it still states Halifax. and no I have not received and correspondence from Halifax. The first letter that I received was a Formal Demand for Payment from Robinson Way, which states 'our client has authorised us to recover the full amount '

[huggys boss]

Can you give us a bit more info please.

 

Is this a loan/overdraft/credit card?

 

Have there been any charges or PPI applied to the account and have you reclaimed?

 

Out of curiosity, do/did you have online banking for this account and if you did, can you still access it?

 

I agree with bank fodder, if you can, then keep paying Halifax for the time being.

[carriesue]

It's a current current.

No PPI.

No online banking.

 

The local branch yesterday stated that the account is closed and that I would have to phone Robinson Way as they were dealing with this matter.

 

Account has been closed since 8/11/11.

 

I don't know how I am going to pay Halifax direct.

 

Thanks for you assistance.