Complaint about Halifax new charges regime, template letters here.

[Bigdebtor]

Not surprised at the FOS. They always seem to side with the banks - but at elast it cost HBOS £450 for you to get them involved. How about OFT?

 

I think there is merit in using the template at the beginning of this and once you hav epaid them around £100 more in new charges than the old interest rate raise a small claims action for the difference using the unfair terms argument. I don't know what will happen - but it would at least be fun!

[Bigdebtor]

Iam sorry this was of no help to you! They really have got people over a barrel-and before Christmas when customers will rely on they're OD!!

Iam not happy Ive had to do this-tried asking if they would freeze the OD so I could make regular repayments from my JSA-NO JOY!! Those fees could be contributions towards settleing the debt. Anyone have any advise on the hardship/JSA/low income front??

 

Have you tried CCCS or Citizen's Advice? They are both quite good at getting interest frozen and affordable repayments set up.

 

Also this one IS something FOS might help with under a hardship claim.

 

Try both at same time - costs you nothing.

 

Good luck.

 

BD

[Bigdebtor]

It's not a question as such, it's expressing my bewilderment yet again as how they can be allowed to unilaterally trap so many people and not have to give them a reasonable opt-out the way Cap1 did for example, and the fact that apparently no-one gives a flying f*** about the people caught in that trap.

 

Bookworm

 

See my recent post in Angel's own thread. I think there is actually more hope for us due to this latest move by HBOS!.

 

BD

[Bigdebtor]

It tells you on your statement.

[Bigdebtor]

In Martin Lewis's MSE News of 22 Oct 2009 he stated HBOS would put a £10 "buffer" in place - so the £1 or £2 charges won't apply if you are under £10 overdrawn. I have just been charged £2 for being 15p overdrawn for 1 business day - and the HBOS help line knows nothing about the £10 buffer!

 

Does anyone have any info on this - preferably from HBOS themselves?

 

BD

[Bigdebtor]

I think your argument is totally logical - but when did either truth or logic hold any sway in our courts? However it might be worth rattling the FOS's cage on this - at least it will cost the Bank about £450 to have it looked at!

 

This ploy might work better if you were to clear the overdraft 1st thing on Monday morning (or say Tuesday 6 April - after the Easter Bank Holiday) and demand a refund for those days that the Bank deliberately prevented you (by having the temerity to be shut) from paying this back earlier.

 

BTW - does anyone know if you what happens if you make an electronic payment from another account at say 17:01 on the Friday - does this go in before midnight Friday - thus avoiding the charge - or just at 09:00 on the next business day?

 

BD

[Bigdebtor]

Send them a letter charging them £39 for each "late payment" as per your own unilaterally set up T&C's! Their reply will be interesting!!!

 

Perhaps they'll think £39 is an unfair charge - or they might pay it as it's just as fair as their charges and send the money via air mail on one of their flying pigs!

 

BD

[Bigdebtor]

Worth a try - and £1!

 

BD

[Bigdebtor]

What's a S10 DPA notice?

[Bigdebtor]

I'd be interested in seeing a copy of this if you have one.

 

BD

[Bigdebtor]

UE

 

Go for it!

 

You might find my following aside amusing. I spent a delightful hour yesterday doing battle with HBOS over a paltry 50p "cheque" charge - levied by them for having to use a teller to transfer funds from my HBOS business account to my HBOS personal account in a small country branch (same branch where both accounts are held!) which didn't have an internet terminal for customer use.

 

I had complained via internet when this charge hit my statement and they replied asking me to phone an 0845 number. I e-mailed back and said I preferred to deal by e-mail - but they could ring ME if they really wanted to chat. Their call to me lasted nearly an hour - starting with the first young whipper-snapper saying I should "expect to be penalised" (her exact words) if I failed to use my own internet access at home or at work or that available in bigger city centre branches. I eventually spoke to a sensible manager in the call centre (now have her e-mail address for future such "HBOS trangressions") and told her there was NO WAY I was paying anything extra just because HBOS had not invested in sufficient customer IT facilities in some smaller branches. (The transfer is free if done by internet banking).

 

I got my 50p refunded with an apoplogy - but I reckon the whole thing must have cost the Bank £1170 in "costs" - given it "costs" them £39 for the two minutes taken to send out a "we've bounced your cheque or direct debit" letter (unless they've been lying about "covering our costs" - surely not?).

 

I'm semi-retired - so had the time available to indulge in this sport yesterday - but, getting back to the point of the thread, if we ALL insisted in THEM phoning US - instead of letting THEM make money out of 0845 numbers - and then getting put up the tree when the first person has run out of authority - then we would SWAMP their call centres - and they might just change tack a bit sooner and more often?

 

Good luck with these fights. I'm looking forward to seeing further developments!

 

BD

[Bigdebtor]

Village Branson

 

As Car says, try to open a parachute account elsewhere - and then tell HBOS you NEVER accepted these new terms and quote the bit earlier in here about the CCA 1974 requiring them to continue on same terms as before if you don't accept changes to such T&C's.

 

I would also threaten to go to FOS if they don't waive all such charges. At least this will cost them around £500 by FOS if they don't agree. It might be cheaper for them to agree to play ball withyou - but you will need to bank elsewhere from then on.

 

Good luck!

 

BD

[Bigdebtor]

Dom

 

I agree with Big Yeti. It's worth doing as he says - including reading the entire thread - it will only take an hour or so and you'll feel much more knowledgible afterwards. As I said above, complain to them formally - even if you are in part time work, you do seem to be in genuine financial difficulty and they are NOT treating you as they should under current guidleines (google "FOS (or OFT?) financial difficulty" for more info on this). Tell them it's a formal complaint and you WILL write to FOS if they don't satisfy you. This will cost them around £500 plus a lot of hassle in writing to FOS to defend the indefensible, so they may just play ball right away - but I doubt it!

 

You will need a parachute account elsewhere to stop them taking any more of YOUR hard earned money - set it up PDQ and get everything transferred over (other than your overdraft!).

 

Good luck!

 

BD

[Bigdebtor]

That's exactly what they DO. It used to be they charged £28 per month for an unauthorised overdraft plus £39 a shot for every payment made (or declined) which caused this unauthorised overdraft. Now they charge up to £155 pe rmonth for an unauthorised overdraft of anything over £10 - so the CAN and DO claim you owe them whatever THEY CHOOSE - and it appears we can do nothing about it unless and until we are able to pay off the overdraft.

[Bigdebtor]

Hi all,

Would I be able to write to the Halifax at this time and object and if I can would I get anything back and/or have the account closed and pay monthly to bring my balance down?

Thing is, if they request say £60 a month to clear the balance it would take quite some time and I would be no better off, or is it just best to leave it as i doubt another bank would give me that big an overdraft.

 

No harm in writing to them telling them you do not accept them changing your T&C's and asking them to revert to previous T&C's - or freeze interest and allow you to repay at £60 per month interest free. You WOULD be better off - as your debt would reduce by £60 per month whereas at £2 per day charges paying £60 per month is just treading water - paying less is sinking deeper into debt.

 

Alternatively ask them to convert it into a personal loan at around 7% apr. That way at least the bulk of it will go to repayments.

 

Doing nothing at all is the worst option.

 

BD

[Bigdebtor]

Lhmcr1

 

Have you read this thread and the template letters right through? There is a wealth of help on thsi and other threads - but it needs YOU to act upon it to be successful.

 

First thing to do is parachute account - which you seem to have done.

2nd is to get charges and interest frozen - or a lower cost personal loan set up if they won't agree to this. Many people have succeeded in one or other option.

3rd is to negotiate they remove ALL £2 per day charges that you didn't agree to in the first place (I assume the interest charged before this was less? If not then you've really no grounds for complaint!). If they won't play ball - and you feel you are in hardship and are not getting any help from them whilst in hardship then put in a formal complaint - followed up by a letter to FOS if they still won't play ball.

4. If you can't afford to repay £60 per month to Halifax then you need to tell them - NOW - before your overdraft grows even more and they slap you with the HIGHER £5 per day for UNAUTHORISED overdraft.

5. Have you any unfair credit card charges and associated interest you could reclaim right now? Remember it's only unfair overdraft charges that the SC ruling covered. Credit card default charges CAN be reclaimed IN FULL - PLUS CONTRACTUAL INTEREST - with the amount of refund due effectively doubling every 3-4 years they remain unclaimed (at around 2% per month or more compounded monthly).

6. Have you shopped around for cheaper options on other household bills - life, car, house and contents insurance, maintenance contracts etc. ?

 

AS I said doing nothing is the worst option.

 

It doesn't have to be a no win situation - but will be if you just accept it is so.

 

Sorry if this sounds harsh but being saddled with an unjust £60 per month charge is pretty light weight compared to some of the situations appearing on CAG!

 

Carpe diem!

 

BD