Halifax CC charges- **REFUNDED SATISFACTORILY**but left default

[GaryNI]

Hello,

after reading so many posts on the forum I decided to join and seek my own help and get advice

so please take it easy on me as a logof the terms used I am still getting used to.

 

My problem.

I havehad a Halifax Credit Card (MasterCard) that I started on 27/5/2008

now likemany others I got carried away and over spent on a lot of things

and even usedthe card at times to withdraw money from ATMs as I was short on cash

and only hadpart time job and the Card was only way that I could pay bills and other dailystuff.

Now as the months went by and I reached my limit of £2950

I found myselfunable to pay the month repayment fee and the card started to build up oncharges

forcing to it to go overdrawn due to late payment fees and interestcharges.

I did call Halifax and tell them of my financial difficulties andthere was no way I could make their minimum payments

which at the time werealmost £500 per month,

tbh they didn’t seem to care and just said that my accwould go into default if I did make payments.

Then on the 23/11/2010 I was ableto get some money together and paid them £100

but at this stage I knew it wastoo late and my acc was heading for default as it was overdrawn by almost £300.

The months went by and letters arrived asking for payment but only being parttime I just couldn’t afford it.

Then on the 1/6/2011 I got a letter saying a defaulthad been registered on my credit file by Halifax for the Credit Card.

 

Now fast forward till today

and I have got a full time joband have decided that I would like to pay this debt off,

I first contactedHalifax and asked them for all the statements of the card from day of openingtill day that it was registered as a default ,

I have received them all butHalifax told me that the acc had been passed on to Debt Collector called BlaireOliver and Scott,

so i deciced to call them but they told the acc is now withCapt Quest,

I now call CApt Quest to setup a repayment scheme,

6 days aftercalling Capt Quest I then get a letter from Moorcroft saying that the acc iswith them now

and I need to call them or a local reprehensive will call to myhouse.

I picked up the phone and called Halifax directly to ask why the acchad passed from agency to agency.

I would also like to note that since joiningthe forum I have made a claim against Halifax for the PPI

I was paying on theCredit Card so I am awaiting the outcome of that claim.

 

that’s my details, my problem is, the Debt now sits at£3482.17.

I need to get it paid off ASAP but need advice,

as there is 3 debtcollecting companies involved.

Also is there any way I could complain againstHalifax as some of the charges that were happening were almost £100 a monthalong with late fees.

 

If there is any other info required please let me know andid be happy to help

 

Thanks Gary

[ims21]

Hi

 

All those late payment fees and overlimit fees can be reclaimed with interest. Use this spreadsheet

 

CISheet v101.xls

 

The interest rate you use should be at least the rate they were charging you on the card for purchases

 

Also NEVER EVER speak to a DCA on the phone.

 

Has the account been sold on to Moorcroft or are they collecting on behalf of the lender? Have you ever received a Notice of Assignment?

 

Also have a read of Nos 3 and 4 in my signature

 

Do not think of paying this off until you know exactly what is due.

 

ims

[GaryNI]

thanks fro replaying ims21

 

downloaded the CISheet and no, i have not got a notice of assignment. Yes after talking (which i now was wrong) with Moorcroft they are collecting on behlaf of Halifax. I will also getting reading on your signature notes.

[MARTIN3030]

I would suggest writing to all the debt collectors involved and demand that the account is passed back to Halifax.

The basis being that there is an ongoing claim for PPI,and additionally,there are other fees which you will be looking to reclaim.

They should therefore consider the account to be in dispute.

I would not mention any settlements or intention to clear the account to these DCAs.

Ask for a copy of their complaints procedure.

 

Halifax have a duty to deal with you fairly and consider any financial difficulties,as long as you are communicating with them-which should be in writing,then they are duly bound to deal with any complaints or claims,under codes of practice.

[ims21]

If they are collecting on behalf of then you can ignore them and deal in writing with the lender only.

 

If you have been threatened with doorstep visits then there is a "doorstep" letter in the CAG library you can send to whoever wants to come and see you. The library link is at the top of every CAG page in green.

 

DCAs have no legal powers at all and are not bailiffs.

 

If anyone does pitch up then tell them to get lost.

 

ims

 

 

EDIT: and incidentally, Blair Oliver are the Halifax "In House" collection team

[GaryNI]

thanks again for the replies and taking the time to help Martin3030 and ims21, will get letters drafted up and post for more adivce

 

edit: @IMS21 on the CISheet, Number of Days Elapsed, how is this worked out ??

Edited May 28, 2012 by GaryNI
question

[GaryNI]

please excuse my lack of knowledge but i have been reading the notes and templates but i am still unclear as what i need to do by which i mean what is my first steps. Once again excuse my lack of knowledge as this is all new to me and quite daunting. Thanks for any repliese and advice

[MARTIN3030]

Do you mean the first steps for calculating what is owed to you,or dealing with these DCAs ?

There are a number of temp letters in the library which are designed to be used for different scenarios.

I think that it may be an idea just to put together something that sets out the position and send it to all 3.

No point waiting for the doorstep threatogram.

[ims21]

First thing is to fill in the spreadsheet with the charges as described above.

 

You then send the spreadsheet and a preliminary letter to the lender requiring a refund.

 

If they refuse you send a Letter Before Action.

 

If they still refuse you issue in court.

 

Do the spreadsheet first and then we can go to the next step.

 

ims

[GaryNI]

thanks again for the replies, ill get on and start the spreedsheet as i would like to know first what is owed to me. The preliminary letter, is this located in the Library of the CAG??

[citizenB]

Your first step is to send the "do not visit me" letter from the CAG Library - to Moorcroft.

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

There are also some instructions to follow should the company be foolish enough to send someone in breach of OFT guidelines.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

You should enclose in the same envelope - a further letter to Moorcroft as advised by Martin3030 - that the account is in dispute with the original creditor and that you are dealing separately with Halifax on this matter and you do not require the intervention of a 3rd party agency.

 

Then you sort out your spread sheets one for PPI and one for the charges.

 

Download the complaint form from the FOS website, complete that and then send a copy of your schedule of charges and complaint forms plus a letter to Halifax demanding these amounts back.

[ims21]

thanks again for the replies, ill get on and start the spreedsheet as i would like to know first what is owed to me. The preliminary letter, is this located in the Library of the CAG??

 

There is one in the CAG library but there is a later one at post #31 here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page2

 

Your PPI claim is already in with the lender isn't it?

 

ims

[GaryNI]

thanks for the reply citizenB, ill get staright on to drafting up the letters, should i send them 1st class or recorded delivery ??

[GaryNI]

@ims21 yes the PPI claim is in already with Halifax directly and was told it will take 8 weeks for the outcome which would be end of June

[ims21]

[MARTIN3030]

should i send them 1st class or recorded delivery ??

 

yes and keep a copy.

[MARTIN3030]

Forget the po box numbers too.

 

Addresses you need are

 

Blair Oliver & Scott Limited

Dundas House, Viking Way, Rosyth KY11 2UU

 

Capquest Group Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

Moorcroft

Moocroft House 2, Spring Gardens, Stockport, SK1 4AJ

[GaryNI]

thanks MARTIN3030

 

also the only Halifax address i have is a PO BOX address, is there any other ones??

[MARTIN3030]

Yes send to their registered office which is;

HBOS

The Mound, Edinburgh EH1 1YZ

[GaryNI]

thanks again

[MARTIN3030]

Actually you may be better sending here;

Halifax BOS 25, Gresham Street, London, EC2V 7HN

[GaryNI]

thanks again

 

also i have done the draft of the CI Sheet, does it look ??

Draft1.xls

[ims21]

You need to take out the interest charges that you have itemised and only leave in the late payment charges and over limit fees.

 

The spreadsheet works out the interest part of the claim for you.

 

ims

[GaryNI]

is this what you mean ??

Draft2.xls

[ims21]

Yes...although you have left and odd £8.88 in there

 

ims