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Hi after having time to sort through my SAR details the charges etc, going back to 1996 it seems that it would cover 90/95% of my outstanding debt to HBOS, if I could claim it back.As they have terminated my loan account and frozen my current account does anybody have any suggestions what my next step should be?

Do I start letigation or wait till they do then counter claim offer a deal?

Any advice appreciated:D

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there is smth called equitable offset, which does exactly wot it says on the tin. if they commence legal proceedings, u could potentially claim this and therefore alleviate any costs involved on ur part, basically using their action (and therefore costs) to get ur charges back, offsetting them against their claim.

i think this thread covers some of this avenue:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/128428-requesting-advice-mums-behalf.html

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  • 2 weeks later...

Hi, as I have a current account with Halifax, as well as the loan, they keep sending threatening letters at regular intervals, and I'm not quite sure what to do about them. They have told me that I cant use the account any more but have recently sent a letter saying "despite our reminders you have not made any payments to your account" (it's well under the agreed o/d). "If you do not make a payment within the next 7 days we will assume that you no longer want the account and will refer it to our collections dept. which could result in your account being reported to a credit reference agency"

 

Can they do that? Should I pay in a token payment? Really not sure what to do.

 

Thanks for looking, and help gratefully received:D

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HI MBL

 

Overdrafts work on the assumption that you will regualy deposit each month to service the O/D limit.Non deposit or activity will trigger the software generated letter that you have recieved so yes make a minimal deposit to maintain the O/D agreement.

 

Regards

 

Andy

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  • 2 months later...

Hi all, just to update on this long ongoing case. I have now received a letter from Blair Oliver and Snot stating that they are about to issue court proceedings. The account was terminated well before the date that I was allowed re rectify on the DN, therefore deeming it unenforceable.

 

Can anyone advise the best course of action with BOS?

 

Thanks

 

Maybe

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" I have now received a letter from Blair Oliver and Snot stating that they are about to issue court proceedings."

Ive yet to see a summons were this crew have actually carried out this threat but no harm in sending the letter anyway,no doubt they will then pass it to the next set of Muppet's.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 4 months later...

Hi all, I put a court claim in against Halifax Card Services some while ago, which was stayed pending the result of test case (even though I requested that the stay be lifted due to it being a credit card account and not a bank account). Today I have received a court order which states

 

"Following a decision in the Bank Charges Test Case Litigation the claimant must by 4pm on 24th May if intending to proceed, issue an application to remove the stay specifying on what basis the levying of charges is now challenged and in default the claim is struck out without further action".

 

Could anyone please advise what would be the best way to proceed now? If I proceed what will I need to do? and if not will I face charges?

 

Any advice would be a great help.

 

thanks

 

Maybe

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  • 3 years later...

Hi,

 

my OH received a DN regarding a Halifax account and then a termination letter dated before the date by which he could remedy the default.

 

He didn't do anything about this as we assumed that they had shot themselves in the foot by this action but

 

Halifax have now (quite some time later) sold the debt to Lowell's.

 

Can anyone please advise what action he should take regarding this?

 

Should he write to Lowell's and give them details of the DN and termination letter?

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When was the last time any payment was made to this account ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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if haliprats have sold the debt there must be something wrong with it

 

have you all the statements?

 

if not

send an sar to haliprats.

 

might be an idea to CCA lowlife too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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not something they should really do

 

what type of account?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is it showing on your CRA file?

 

how old is it

 

give us more info please

 

def get that CCA off to lowlife

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok scan up the cca

 

and look on noddle

when was you last payment

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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prob just means the crafile has yet to up date.

 

don't forget that you got the two letters in the same

env from lowells.

 

they quite often 'use' the original creditors letterhead when writing about buying a debt.

 

when were these letters from lolife?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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