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

[dx100uk]

who are the Insolvency Exchange?

 

 

until/unless the owners of the debts provides an enforceable CCA or p'haps a recon

and the correct T&C's, no they cat enforce the debt.

 

 

dx

 

 

 

 

dx

[Lucky7even]

Is there a template letter I can send to remind them of the original request?

 

The Insolvency Exchange is a debt company and part of Halifax. I sent the CCA request to them as they have the debt.

 

No peep from them, I might ask the FOS if they can add that to my complaint!?

[dx100uk]

you sure IE is Halifax, I really doubt that.

 

 

did they put you in contact with them?

 

 

are you saying you have an IVA running them?

 

 

or are the simply a DCA?

 

 

you don't need to remind anyone they've failed a CCA request

you simply stop paying after the 12+2 working day deadline is failed.

 

 

dx

 

 

 

 

the

 

 

tell us more.

[dx100uk]

I've now merged three threads together on this issue

 

 

best you keep to one thread.

 

 

not sure where you got the info on sending CCA requests to the IVA company

they should goto the original creditor

or the debt buyer that is paid through

 

 

I think its time you seriously consider failing on this IVA

if most of the creditor being paid through it cant produce enforceable paperwork

 

 

smelling a cash cow here

 

 

dx

[Lucky7even]

I need to ask if anyone can give me a template letter to send to Halifax asking or pleading with them to write an outstanding debt off.

 

My IVA is failing and I can't afford to pay any more money.

 

I don't want to do another debt solution as it would completely destroy my credit file.

 

I have a complaint with the Financial Ombudsman Service at the moment, but am not hopeful for any desired outcome.

 

I need to write to Halifax to ask them to write the debts off as there is no more money available.

 

Any help please, thanks xx

[SabreSheep]

Hi

In order to help we need more information.

 

What is the halifax debt. eg credit card, overdraft, loan

When was it opened

rough amount outstanding.

 

Also what are your mitigating circs. Why are you now finding it hard to pay.

[Lucky7even]

I have an outstanding debt of £3192 on a credit card, a loan of between £6/£7K.

 

I have mental health problems and was on very high medication when the loan was given which the FOS are fully aware of.

 

I am unable to manage my finances due to my problems.

 

I cannot pay the money back as I only receive contributions based esa of £108 per week and DLA of £110 per week.

 

I cannot work due to my problems.

 

I have a cat who is a diabetic and vet costs are a fortune. I cannot pay for both on the small amount of income I have.

 

My IVA has failed because DFD wanted to increase my payments from £130 a month to £175 a month.

 

I want to ask for a template letter to my creditors to ask if they would consider writing the debt off due to my problems as I cannot make any more payments and dont have any assets.

[SabreSheep]

Ok form the look of things there is plenty of action points here. To help people give the correct advice there are some questions we need answered.

This is going to be more difficult than a "Template letter" to cure all. HOWEVER there are ways forward.

 

 

1) Ok the FOS are aware that you had MH issues when taking the loan out. No personal information required but Who the loan is with, When was it taken out. What was your situation when you took the loan out. EG employed etc. Also the complaint history. If you have complained to the fos you must of complained to the bank first.

 

2) Can you confirm that both creditors have been told in writing by yourself that you are in fiinancial difficulty and also made aware of your mental health issues? How have they responded.?

 

3) Credit card. Who is it with. Do they still own the debt? When was the account opened? Are there any PPI or Late payment charges and over limit fees on the credit card?

 

4) Loan, Any PPI?

 

5) Who is your IVA with? When was it created?

 

Seems like a lot of information here BUT it will help clear things up and get you moving in a good direction again. ALSO remember to only communicate to your creditors in writing. Refuse to talk to them on the phone.

 

Now the next bit is going to come across harsh. It is what the creditors will say if you mention poor moggie. The cat is not essential expense and they will insist they have priority. You must avoid raiasing the subject with them regarding the cat. Us humans though recognize the cat is a member of the family. Mine certainly is That being said

 

Are there any Animal Charities eg PDSA that can help support you with your cat. I am very aware that as well as being part of the family, Moggy is also essential for your wellbeing.

 

Once you have answered the above questions we can start advising you on your next moves

[Lucky7even]

Both the loan and credit card were given to me by Halifax and done online at the time.

 

Halifax Credit Card was done online and applied for in September 2006, so this could be an unenforceable one.

 

The loan was done more recent, again online in December 2011.

 

There is no PPI on the loan or credit card as I was on unemployment benefit and didn't qualify.

 

No other charges as far as I am aware.

 

Before I complained to the FOS, I sent a lengthy email to the director of Halifax and clearly stated my problems.

 

Halifax have denied responsiblity and refused to accept any blame for the financial mess they have caused me to be in.

 

When the loan was given to me, I was not asked for proof of income and what my health was like.

 

I explained to Halifax that there is no more money available and cannot see a way to paying the debt off

 

From what I gather, Halifax have sent the debts on to a company called The Insolvency Exchange.

 

Debt Free Direct pressured me into an IVA in June 2012 which is now in the process of failing.

 

I cannot get any help with my cat's vet fees as PDSA only helps people who are in receipt of housing benefit which I dont receive.

[SabreSheep]

OK online application is a bit more complex, Others with mroe knowledge of online applications will have to help with that one.

 

Ok. I am thinking it is time to do a full subject access request, editing the templates in the cag library to suit you. One to Halifax asking for ALL data relating to ALL accounts you hold with them.

I would send another to Debt Free Direct as well. That is a fee paying service and an IVA is totally unsuitable for anyone outside of employment. There may very well be a reclaim to be had there.

 

OK summary

 

Action Points for you.

 

1) Full subject Access Request to Halifax. Cost £10 but is essential and will support you in all matters relating to those two accounts.

 

2) Full subject Access Request to DFD Sadly another £10 but again essential.

 

Points for investigation

 

1) Enforceability of ONLINE credit card applications pre 2007

2) Sorting out the IVA

3) PPI on the loan?

4) PPI and any overlimit fees and Late payment charges

5) Is Interest being charged still to your CC?

[SabreSheep]

6) Are you claiming all the benefits you are entitled to? If you are unemployed, why are you not claiming housing benefit?

[SabreSheep]

Ahhh you have been here before

 

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

[SabreSheep]

So the advice I have offered has been offered 7 times before over the course of the years.

 

What is the point of asking for advice and then ignoring it........

 

Until you do the Subject Access requests and let us know the results, NOONE here can help you.

 

I will abstain from any further guidance until your action points are completed.

 

Reccomend MODs merge this thread with the other

[Lucky7even]

I live with a working partner so would not qualify for housing benefit.

[dx100uk]

have you both been on the entitledto site and filled it in and checked?

[Lucky7even]

I did a CCA request to The Insolvency Exchange regarding both Halifax debts back on the 19th Januar they have not complied with my request to date.

[Lucky7even]

I live with a working partner, and as such I am not entitled to any more money. Even the DWP stated this to me a while ago when I asked why I wasn't entitled to a disability premium.

[Lucky7even]

The complaint to the FOS is regarding the fact that Halifax lent me money I cant pay back and I have heavily quoted the Lending Code.

 

I have also told them that due to having mental health problems I am unable to manage my finances due to being on high medication.

[dx100uk]

keep this thread for the Halifax stuff

I have moved the IVA/DFD posts to that thread here:

 

 

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

 

 

dx

[Lucky7even]

I have managed to locate a signed copy of the Halifax Agreement signed at home on the 19th September 2006.

 

I found it in some paperwork, the letter that came with it from Halifax is dated 27 October 2011, this could be why they have not replied for a more recent request.

 

Halifax have told me in writing recently that they still stand by this agreement.

 

Does this look unenforceable?

 

Just to clarify Halifax have stated they are still going by this signed agreement in writing to me recently.

 

To date, I have not signed any other agreement just this one.

 

I have checked with the credit reference agencies and the date on the agreement is what they are all using.

 

I attach the correct pdf files hope you can help.

[dx100uk]

have you ever sent a CCA request to Halifax?

 

 

if you have

until/unless THEY send you an enforceable agreement

is reply to your CCa request

it matters not what you might have.

 

 

dx

[Lucky7even]

I have sent a CCA request to The Insolvency Exchange, I sent them a £1 postal order.

 

They are on my IVA as being in charge of the debt.

 

This was sent on the 19th January, to date they have failed to reply.

 

Halifax passed my debts on to them, but they are not showing on my credit report with Noddle.

 

Is it best to write to Halifax directly?

[dx100uk]

no I think we established that IE was Halifax didn't we.

 

 

so until/unless they reply, they get nowt

[Lucky7even]

On the plus side, lets see what the Financial Ombudsman Service come back with if they lent me money irresponsibly but I am not holding my breath on that one!!

[Lucky7even]

I decided to approach the Financial Ombudsman Service over problems with Halifax.

 

I had raised concern that Halifax had breached certain parts of the lending code when they assessed me for credit.

 

When Halifax granted me a personal loan done online in December 2011, there was no questions asked about proof of income, proof of benefit entitlement, nothing about whether I was employed or unemployed, and certainly no questions were asked about what I wanted the loan for and nothing was asked about my financial commitments.

 

The adjudicator has sided with Halifax saying that prior to the loan being granted, they had done things correctly like checked credit scoring and check the status of my accounts.

 

I have appealed and its gone directly to the ombudsman herself.

 

I have some serious concerns, I told the adjudicator that I was a vulnerable adult and that I was registered disabled suffering from both mental and physical issues when the loan in particular was given.

 

I have also stated that my main source of income is Employment and Support Allowance which is £220 per fortnight.

 

I am horrified and furious, the adjudicator said there was no indication I was in money problems before the credits were given; I said of course not I suffered problems AFTER the loan was granted, as I fell into problems 5 months later.

 

I have told the adjudicator that I have no more money to pay the debts back, and I've told Halifax the same in writing twice.

 

Can anyone please advise me hear!?