Halifax Say No to Dispute - loan/card - no paperwork

[Desperate Daniella]

I honestly don't know but you might be able to claim irresponsible lending. I think you need to search the term on the forum, read a few threads and see who is giving expert advice. Then give them a link to this thread and ask them to pop over.

 

Did you get an enforceable agreement for the credit card? Is that why you say you couldn't get it written off?

[Lucky7even]

I honestly don't know but you might be able to claim irresponsible lending. I think you need to search the term on the forum, read a few threads and see who is giving expert advice. Then give them a link to this thread and ask them to pop over.

 

Did you get an enforceable agreement for the credit card? Is that why you say you couldn't get it written off?

 

The credit card was taken out sometime in 2006. I had 1 company look at it and they claimed they couldnt deal with it.

 

Being on an IVA, is it worth trying agin for unenforceability?

[Desperate Daniella]

Is it listed as one of the debtors on your IVA?

[Lucky7even]

Yes it is listed on my IVA and was an unenforceable agreement.

[Desperate Daniella]

If they are already receiving payments through your IVA I'm not certain that you can challenge it now.

 

The IVA administrator has taken it into consideration and you are paying whatever percentage of the total debts he/she decided you should, and you presumably agreed to it.

 

I'll ask someone else to take a look at your thread.

[Lucky7even]

Surely if the Halifax kept lending me money like water and it HAS caused me to be in financial problems, I will be going into the citizens advice bureau to ask for their help and advice regarding irresponsible lending.

 

It shouldn't matter if I'm in an IVA or not, the fact that I can prove Halifax kept giving me money and that they knew I would struggle to pay it back.

[Lucky7even]

Halifax have not signed the original agreement thats my arguement as it makes it invalid surely it has to have both signature of lender and borrower?

[dx100uk]

yep sri of course all in the other main thread here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436352-Debt-Free-Direct-used-DLA-in-IVA-bound-to-fail-fron-day1

 

 

dx

[SabreSheep]

Esp in regards ot the halifax card

 

Penalty charges issued on those back in 2004 can be worth £100's to you now if you reclaim them plus interest in restitution!!

 

Like you I was considering an iva with debt in 5 figures

 

NOW after 2 claims against credit cards resolved, I am effectivly debt free!!

[Lucky7even]

As far as I am aware there are no PPI on any of the loan or credit cards.

 

However with regards to the catalogue there have been late payment charges over the years.

 

I shall wait and see what the CCA comes back with on the catalogue.

 

With regards to the catalogue, would I be able to reclaim all of the monies on the account I have paid if they cant produce any agreement!?

[Lucky7even]

I've just sent a lengthy email asking for help to the Managing Director of Halifax regarding the loan and credit card.

 

Lets see if he responds from a worried disabled lady!!

 

I used my health issues for sympathy vote!!

 

I will let you know if he replies!!

[Lucky7even]

I got nowhere with Halifax who are refusing to accept that they are at fault lending me money!!

 

I shall proceed with the unenforceable agreement for the credit card, and I shall go to the FOS with the complaint about the loan.

 

They kept banging on about that they are right to lend to me because of credit scoring, but in my view they failed to ask me for proof of income and affordability.

 

I am not impressed to say the least lending money to people then denying all responsibility if the person cannot pay!!

[Lucky7even]

Its been 7 days now since I have sent off the CCA request and so far no sign of hearing anything back.

 

I need to give them a further 7 days, but what happens then afterwards if they still ignore!?

 

What is the next template letter I need to send!?

 

The only agreements worth chasing are the Halifax Credit Card which I took out in September 2006, and the Littlewoods Catalogue.

 

The FOS has agreed to investigate the circumstances of how the loan and credit card were given, but am not hopeful of anything being achieved here, so am going to continue with the unenforceable route of the credit card in particular.

[dx100uk]

they have 12+2 WORKING days

 

 

until/unless they send an enforceable agreement

 

 

you do nothing more

 

 

bar stopping payments if you are making them.

 

 

dx

[Lucky7even]

I have just been told something interesting.

 

Because Halifax lent me monies that I cannot pay back and did not ask me for proof of income when they gave me credit, I can have the looked at underThe Lending Code.

 

When I get the complaint forms in from the FOS I will state this on my complaint about the breaching the lending code!!

 

Hopefully I might get summit done on that because they have lent me almost £10K and I only receive between £5/6 in benefit!!

 

If you read the Lending Code it states on there that they have to make sure a persona

can repay the amount of credit back and that they make sure the person can afford the credit in the first place!!

 

So the reply I got from Halifax last week is nothing but ****!!

[Lucky7even]

I need to give Halifax until end of the week before I dispute the debts.

 

To date I still have nothing from the with regards to the CCA request.

 

I have sent, in the meantime, a complaint to the Financial Ombudsman Service about Halifax breaching The Lending Code, and highlighting on it where appropriate here Halifax have failed to comply with the Code.

 

I have clearly told the FOS why the IVA has failed because of no more money being available to continuing paying for the debts.

 

I have also complained that Halifax are expecting me to undertake another formal debt solution which I am refusing to do because of The Lending Code criteria.

 

I have asked the FOS to get Halifax to write off the existing debt and to refund all payments made as its caused financial hardship.

 

Fingers crossed, I might get somewhere with the FOS.

 

However in the meantime, can someone please post up when template letter I can use to dispute the accounts?

 

Cheers!!

[Bazooka Boo]

If you have sent them a CCA request and they have failed to respond, within the time limits laid down, then you don't want to

be rattling their cage, they know the time limits, they'll know that they have failed.

 

Just wait for their next letter, then respond, but come back here with what it is they sent you then the appropriate response can be given.

[Andyorch]

See post#2

 

Andy

[Lucky7even]

Thank you I will do.

 

Is it still worth persuing anyway with the FOS!?

[citizenB]

The Financial Ombudsman wont take up the non compliance of the s78 request. Halifax will be well aware what they can and cant do whilst in breach of this.

[Lucky7even]

Halifax have failed to respond for the CCA request nothing received.

 

Complaint form received by the FOS, so accounts is in dispute now anyway.

 

I have notified that the Halifax have failed to comply which will add to my complaint!!

 

Let them try and get out of that one.

[renegadeimp]

You really shouldnt have notified halifax that they are in default. You only do that if they continue chasing for payment.

[Lucky7even]

I haven't notified Halifax about the account being in dispute, but the FOS are looking at the debts in such a way that I have quoted the Lending Code.

 

I have been told by a couple of solicitors I have asked for advice that Halifax are in breach of the Lending Code in way of that they gave me credit without asking me for proof of income, etc etc, and that I can't pay it back.

 

When I spoke to Halifax a few weeks ago, I made it clear there was no more money left to pay.

[Bazooka Boo]

OK, well you can stop rattling their cage for now, when they come back with something, then respond, I hope you're not speaking with them over the phone?

[Lucky7even]

I have debts with Halifax.

 

1. Credit card taken out online in September 2006 outstanding debt of £3,192.

 

2. Personal loan again taken out online in December 2011.

 

These debts are currently listed with the Insolvency Exchange.

 

I sent them a CCA request on the 19th January asking for CCA under the section 78 request I think it was.

 

I have copy of said letter.

 

To date, they have not responded.

 

I have since they failed to respond taken a claim to the FOS that they breached the Lending Code by lending me money I can't pay back.

 

The FOS have told me that they can check the credit card agreement as its pre April 2007.

 

So does that mean that because they have not responded, then they cant enforce the debt?