Feelingdownandout Vs Halifax

[Dotty50]

I wouldn't reject their offer just ask for their calculation first, why their offer is so much less.

 

Was there an acceptance page with it for you to sign? If there is, it may state that it is valid for 6 months.

[Feelingdownandout]

nope, nothing to sign, the letter seemed very final, this is what their ppi refund is, this is the interest (£2.73! whoop whoop) and go away or in the event that I am unstaisfied write to FOS within 6 months!. Thats it!

 

not so much as a by your leave, or an apology.

 

will send off a letter tomorrow - first thing, need to try and nip this one in the bud.

Edited September 16, 2010 by Feelingdownandout

[Dotty50]

Could do with another Cagger that has experienced BOS reclaim, to compare notes.

 

Even if it is a final response, how are you to accept the offer? They can't just say that's it! IMO

 

Have a read in the PPI reclaim forum and see if you can find someone who has successfully claimed.

[dx100uk]

as said, all banks will try it on.

 

write back and pointout that you reject the offer and that you also do not believe their calculations are correct with regard to the FOS guidelines.

 

as for the 'off-set' they are trying to do... what is the last stated ARREARS on the account they wish to off-set it too, that is all they can take.

 

dx

[Feelingdownandout]

dx / dotty

 

I will take a look at the default notice and post back, but if my memory serves me right they arrears on the default was approx £300, which I have more than paid off over the last 12 months anyway (have paid back approx £900). When the statements come (which is few and far between) I think they state that the full balance is due, I need to re-read the default notice to see if they have terminated the account, plus when I checked the dates on the default notice they asked me to remedy the arrears by x date which was 14 days from the date of the letter which when arrived gave me about 5 days but then further down the letter states that I have 28 days to remedy! It just confused me so I just filed it. Wished I found the CAG a 18 months ago.....never mind, found it now!

 

I will put a letter together today and post for comment on here and start the ball rolling, by the look of it they are withholding the interest!

[dx100uk]

ok well it will be the arrears current to now - if there are any.

 

dx

[Feelingdownandout]

dumb question but where do I find that info?

[dx100uk]

cra file?

last letter?

 

dx

[Feelingdownandout]

no probs will look at my CRA and with regards to the last letter that would have been from BOS who state that I owe them the full balance!

[dx100uk]

ok well

just be clear that they CANNOT just take it of the balance, they can ONLY off-set arrears.

if you are going to write, them make sure you pointout you are aware of the rules and no 'fool'

 

dx

[Notasniceasjoe]

Hi DX

 

Do you have a pointer to any regulation which states that any offset that is assigned, can only be assigned to the arrears?

 

cheers

 

Notjoe

[dx100uk]

http://www.moneysavingexpert.com/banking/setting-off

 

dx

[Notasniceasjoe]

Thanks for the link.

 

That page states

 

Currently it seems the account shouldn't be subject to any form of ongoing dispute (eg you're saying the debt isn't yours) and should be what's called "payable on demand"; which means it can be done on the entire balance of a credit card, but only missed monthly payment for loans (any updates on these complicated rules will go in the weekly email).

[Feelingdownandout]

in that case, as I have already paid off the arrears that are stated on my default notice, they cannot offset any of these monies against my account? regardless of the fact that I am in a payment plan with their in house DCA's? Am I right? (for a change!!)

[dx100uk]

even thought you are in a payment plan, if that means you are paying 'less' than what should normally be paid [the minimum from the statement box]

then they can and will backdate it and off-set.

 

dx

[Feelingdownandout]

ok, have checked the paperwork, and the default sums are £230 (as at May 2009) and the minmum payment on the statements are the full balance every month (lat statement July 2010 from SAR),

 

cant win

 

they will offset and thats that, the payment plan is set at £60 pcm which is more than 5% of the o/s balance but looks like thats not enough as they want the lot.

[dx100uk]

yes but thats not rue

 

and this is where research and reading for yourself comes in

 

that balance & prob the monthly repayment will also inc charges, or the makes them invalid.

 

on the back it will say what [or how] the min payment is worked out.

that will be the figure you SHOULD of paid or are paying more than each month

£60 should well cover that

 

something is not correct here, their figures smell

 

dx

[Feelingdownandout]

looking at the default notice it says that pay £230 by xdate in May or they will terminate the account (I didnt pay) so they transferred to BOS, the statements then demand the full balance every month, DX I really wish I could get my head around it because I dont understand their figures, but sure as eggs are eggs they are demanding the full balance every month.

 

I am going to write regarding the interest thats a definate, it is worth while posting the default notice to gain a view on its validity?

 

fdao xx

[dx100uk]

"I only stopped paying in Jan 2009" - if this is true then the arrears must be huge.

 

though, as you have a right to 'distribute' the debt equally amoungst all your creditors, the post of 317 needs taking heed of.

 

if you take the sum of the claims for PPI & charges away from the O/D, how does this leave you in terms of the outstanding balance then?

 

dx

[Feelingdownandout]

the arrears were £230, I mssed 4 payments from Jan 09 - April 09, they defaulted in May 09 for the arrears and terminated the account, was then trans to BOS who demanded the full balance, I entered into payment plan in June 2009, I made every payment on time and never missed one.

 

with regards to the o/s balance once the PPI is readjusted (minus the interst that they owe me) the acct bal will be approx £1100. Their letter states that there is no cash payment to me as the acct is in default. there is then the matter of the late payment / over limit / missed payment charges to the acct + int , which equate to approx £600, which if I get that back will reduce the bal to approx £500 (nice if I could get back but wont hold my breath).

[Feelingdownandout]

going to sleep head frazzled, got more reading to do tomorrow.

 

[dx100uk]

the arrears were £230, I mssed 4 payments from Jan 09 - April 09, they defaulted in May 09 for the arrears and terminated the account, was then trans to BOS who demanded the full balance, I entered into payment plan in June 2009, I made every payment on time and never missed one.

 

with regards to the o/s balance once the PPI is readjusted (minus the interst that they owe me) the acct bal will be approx £1100. Their letter states that there is no cash payment to me as the acct is in default. there is then the matter of the late payment / over limit / missed payment charges to the acct + int , which equate to approx £600, which if I get that back will reduce the bal to approx £500 (nice if I could get back but wont hold my breath).

 

ok, well 'because the a/c is in default' is NO excuse for them not to refund you direct the reclaim sums,

 

i think TBH you need to write to them, outlining the guidelines and requesting a statement of a/c [unless you can access your a/c online yourself? - have you got that facility ? most a/c's you can]

 

dx

[Feelingdownandout]

Morning, I will write to them and state that they are preferring themselves as one of my creditors and therefore it is my decision where the funds go and not theirs (lets face it I want to make a donation here), will prepare this and post for comment this afternoon. With regards to the statement of acct, I never get one from Halifax or BOS I only got them as a result of my SAR, they withdrew my ability to access the acct online when the acct fell into arrears which doesnt help, and I cant change it so no point in fighting it.

 

My plan now is to;

 

1. write the letter requesting a current statement of account and state the guidelines (will post back for comment before sending).

2. Write and request how they arrive at their PPI refund and state that I consider their figures are incorrect (I am not a fool!).

3. need to prepare myself to start reclaiming the o/l, late fees and non payment charges (am I correct in thinking that this is court paperwork?)

4. keep my payments up in the meantime!

 

Hope I have not missed anything?

 

xx

[Feelingdownandout]

Morning

I will be preparing a letter today in reponse to their letter received this week, and set out the guidelines, it is my choice who these funds are distributed to and not them they cannot prefer themselves as one of my creditors! with regards to accessing the account online, with HBOS as soon as the acct falls into arrears they withdrew the online facility, stupid I know, but that means that I am unable to monitor any activity on my account, I only saw the statements from the last 18 months as a result of my SAR request.

 

My plan is:

 

1. write to them and state the guidelines with regards to distribution of funds regardless of the status of the account, they are their rules and not guidelines, also asking for a statement of account.

2. Write to them and ask them to explain their calculations fo the PPI refund and the interest in particular, as I consider figures are incorrect and resend my calcuulations.

3. Start to prepare myself to reclaim the o/l charges, late payment fees, and missed payment charges, which I believe are court papers, need to do some ready up on that.

4. continue to make my payments to them!

 

Hope I have not misseed anything - please someone tell me if I have!

 

fdao xx

[Feelingdownandout]

update on my thread - well finally sent off my letter to Halifax today stating what I thought in relation to their interest offer, and commented that the interest is in fact compound interest from the date it is added, I enclosed a copy of my last letter to them (just in case they mislaid it) and said that if the issue is not resolved to my satisfaction that I would raise my complaint with the FOS, I am getting fed up of being walked over by these clowns. Can someone advise me how long I should be giving them to respond to my letter?

 

also I checked my CRA and the default sum was the balance at the time, not sure is there is anywhere to go with that one.

 

fdao

x