need help to nail the halifax

[ZEUS181279]

Hi All,

 

I currently have a complaint against the halifax regarding a default notice on my credit file.

 

In a nutshell i had an overdraft which i didn't pay off and halifax issued a default notice and closed the account and passed to a DCA.

 

In a actual fact they never sent a default notice, or I didn't receive it if they did send it.

 

The account was opened way back in 1997.

 

They defaulted me in 2009 and i paid the account off in 2010 in full, in one payment, to their DCA.

 

Halifax updated my file to say default satisfied.

 

I pushed and pressed the halifax and number of times for a copy of default and my credit agreement, as I was sure and adamant they have not sent me the default. After a number of attempts, sometimes them telling me they hadn't got it / didn't need to send me a copy / wouldn't send me a copy of the default I went to the ombudsman.

 

Referred the case to them in Dec 2010. Had one call from the halifax in that time to establish my case and said they would send a copy of the default.

 

Called ombudsman today who said it was going to adjudication as the halifax had written to them and in that letter said they did not have a copy of the default to send them and could not comply with my request for a copy.

 

Explained to the ombudsman I had just been declined for a job all because of this default, that cannot be substantiated. They have asked me to put all my points in a letter to the adjudicator to support my case.

 

Can someone help me to understand please what rules specifically the halifax have broken (any references to law appreciated with regards to supplying me with docs / issuing defaults in the correct way etc / not being able to supply me with a copy of the agreement.

 

Also anything I can put across as to the damage the default has caused and will continue to cause with future employment, that is subject to credit check.

 

Anything i can say about their complacency towards me / not bothering to get in touch with me etc? Damage to reputation etc?

 

Heard wonderful things about the helpful people on this sight and need someone knowledgeable and elequent to say things in the right way

 

Ideally i want this entire entry to be struck off my file if possible.

 

Thanks!

[HammyUK]

Look for Woolich v Koporah - you can claim for damages to reputation, costs in curred in extra charges/interest, etc.

One of the site team will no doubt pop in and give you the exact case law, etc BUT go for the throat with them - no default notice = no default = big stum for the bank.

[ZEUS181279]

can't find anything on this on the forums or the net... would love to know where youve seen it so i can hopefully use this case law! thanks

[passedhelp]

You will not beat the Halifax, they have a policy of deliberately elongating the issue until you give up or pay up, they are not concerned about the FOS in my case they told him my complaint was none of his concern and refused to acknowledge further letters from him for nine months, he did nothing.

They do not comply with the Banking Code or the FSA requirements neither organisation is concerned.

Responses from them take anything up to nine months I even had to wait two years for the first response.They dragged a false claim against me on for nine years then refused to correct their error with Equity.

 

Advice received at the onset was to pay them money I didn`t owe them as it would be cheaper in the long run and turned out to be true.

[frogdoctor]

can't find anything on this on the forums or the net... would love to know where youve seen it so i can hopefully use this case law! thanks

 

Hi, try Googleing : Kpohraror v Woolwich Building

Good luck