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Will this saga ever end?


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I made a court claim against Halifax last May. Unsurprisingly the case was stayed and I have heard absolutely nothing since.

 

In the meantime, they have been adding charges and interest to my overdraft, which was roughly the amount they owe me (around £3k). Now I have been defaulted and am getting a lot of grief from a debt collector. I haven't got internet at home so have to be careful looking at all this whilst at work but basically what I want to know is - is there any progress in terms of the cases starting up again?

 

I know I can get the default removed eventually but can't spare the fee at the moment.

 

I am up to my eyes in debt at the moment and this is one of the many issues bothering me at the moment so if anyone could help I'd be eternally grateful.

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  • 2 weeks later...

Here;s the latest i had a browse for on the OFT case. Looks like a final decision is still a long way off at the mo.

 

BBC NEWS | Business | Frozen overdraft claims revealed

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I made a court claim against Halifax last May. Unsurprisingly the case was stayed and I have heard absolutely nothing since.

 

In the meantime, they have been adding charges and interest to my overdraft, which was roughly the amount they owe me (around £3k). Now I have been defaulted and am getting a lot of grief from a debt collector. I haven't got internet at home so have to be careful looking at all this whilst at work but basically what I want to know is - is there any progress in terms of the cases starting up again?

 

I know I can get the default removed eventually but can't spare the fee at the moment.

 

I am up to my eyes in debt at the moment and this is one of the many issues bothering me at the moment so if anyone could help I'd be eternally grateful.

 

You have every right to tell the DCA to get lost because the debt is in dispute and you have the court claim. Furthermore, you can still ask the bank to reconsider your claim on the basis of hardship, ie new schedule of charges letter and asking them to look at your case under the FSA Waiver. If they do pay out then you will need to deduct any amount from your stayed claim if any of the amount is included in any amount they payout. Hope that helps.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks for the replies. I've today written to the DCA and politely told them to sod off.

 

I'll write a letter to the bank tomorrow I reckon so we'll see what happens next. It will be a huge weight off my shoulders sorting this one out. Thanks again for your help and I'll keep you posted.

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