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

[Lucky7even]

So its not enforceable then!?

 

Also, if you saw on the front page, it says "agreement form", that says to me its not an agreement, right!?

[dx100uk]

it can be if it holds all that is necessary to meet the requirements

 

 

at present they are short of the full return.

 

 

however

if you were to go look at like threads

you'll see that's a normal return for them.

 

 

 

 

dx

[Lucky7even]

I've got mental health problems for which I am receiving treatment for.

 

Halifax are aware of this yet continue to harass me for money.

 

The debt is unenforceable as it was taken out online in September 2006.

 

Last year I asked Halifax to send me a valid credit agreement.

 

I have some concerns.

 

No terms and conditions were provided.

 

Not been signed on behalf of Halifax.

 

How repayments are made are missing.

 

Now Halifax sent me a letter today to say its been passed out to Moorcroft for collection.

 

I am worried that the stress of all this starting again will affect my mental health.

 

What can I do with this aggressive bank!?

[BankFodder]

You will have to post attachments in PDF format please otherwise they can't be read.

 

Can you tell us a little bit more about the alleged debt. Was it a loan? Was it an overdraft? Was it to do with a credit card?

[Lucky7even]

Cancelled IVA about 2 years ago became unaffordable.

 

When I applied for the credit card online you just downloaded the form printed it off and sent it back.

 

Halifax did not ask me any financial question at the time of lending me the credit.

[dx100uk]

Already exists in minute detail in the existing thread merged again

[Lucky7even]

You all know my ongoing issues with Halifax with 2 debts, ie credit card taken out 2006, and loan taken out 2011.

 

I'm vulnerable as I have mental health conditions.

 

Halifax claim there is no dispute.

 

They have given out my mobile phone number to 2 DCA firms without my consent knowing my situation and vulnerability.

 

One DCA has also done an unauthorised credit search which I feel is unlawful as they are not the data controller and are only attempting to collect on a debt.

 

I really don't know what else to do.

 

I got this letter today saying there is no dispute.

 

They also know I am unemployed and am on sickness benefits.

 

They are not budging.

 

They are the most uncaring bank I've ever dealt with.

 

Can I ask for some help please?

 

I'm vulnerable and don't know what next to do.

[Bazooka Boo]

First you need to remove that letter, it still has your details on it, you need to ensure that ALL identifiers are properly removed, including reference numbers.

 

So they have taken this back from the powerless moorcroft, who in real terms, are as much use as indicators on a submarine, and they are powerless to do anything, less for sending out inane toothless threats, and harass you by their favourite method, the telephone.

 

You can ignore them.

 

Deal direct with Shallowfax.

 

How much do you owe?

 

When did you take out this card and loan?

 

When did you last pay anything toward them?

 

Keep a diary of events, ONLY deal with this in writing, and get 'proof of posting' which is free from the PO counter whenever you send them anything.

 

If they ring in future, simply tell them everything in writing and hang up, but they say they have removed your number from their records so it shouldn't be an issue.

 

Have you checked your credit file?

Noddle and Clear score are free to use.

[Lucky7even]

Moorcroft have done an unauthorised search yes I've checked Noddle.

 

The credit card is outstanding by £3K, was taken out online in September 2006. Agreement they provided with may not be enforceable for various reasons. I have pointed this out to Halifax who don't care!!

 

Personal loan outstanding by around £6,500. Taken out online in December 2011. Can't do much about this one its too legit.

 

Both debts are unsecured. No questions were ever asked by Halifax when the credits were given.

 

I have advised Moorcroft no more phone calls due to mental health conditions, and Halifax respectively.

 

Halifax passed out my number after saying in writing my phone number was removed from their records.

[fkofilee]

Lucky.. we have been through this time and time again with you. Everytime we help, you just ignore our advice.

The DCA search is probably a enquiry / trace. Suspect only you them and the CRA can see it.

 

See what we can help with, but you have to listen to us...

[Lucky7even]

I don't know what to do though.

 

Halifax are ignoring the fact that I am a vulnerable customer.

 

Giving out my phone numbers to DCA's without my permission.

 

Trying to chase me for money I haven't got is breaching FCA rules.

 

How can I get them to leave me alone!?

[fkofilee]

Them chasing for money you dont have doesnt breach FCA rules.

However persistent harassment is considered a breach etc

 

You once again seem like you are trying to evade your responsibilities which is not what CAG is for.

 

However, how many times has Moorcroft contacted you honestly. Taking away everything, how many times have they contacted you?

[Lucky7even]

Phoning me, and sending letters, doing unauthorised credit searches.

 

 

Halifax have given Moorcroft my name and address as I was in correspondence with them when account was passed to Moorcroft, so a credit search, in my view, was unlawful.

[fkofilee]

They are allowed to write to you as the minimum requirement.

And they are not abusing their power by doing searches, they are entitled to.

[dx100uk]

merge 27

 

 

dx

[Lucky7even]

Halifax are also asking me to make full payment through these DCA firms.

 

Under FCA guidelines it says that they cannot do this if the debtor has shown they are in financial difficulty.

 

Halifax just wont respond in full to any of my letters and tries to evade answering.

 

They didn't apologise for handing out my mobile telephone number to these DCA's after telle in writing that my phone number had supposedly been removed from their records.

 

What can I do please.

 

I don't have funds to pay what they are asking.

[Lucky7even]

Can I proceed with a claim of unfair relationship with Halifax!?

[dx100uk]

pers I think i'd let it run

simply pay what you can when you can directly to the OC

and leave things there.

 

 

dx

[Bazooka Boo]

If your only income is social security, then the amount you pay is £1 a month.

 

Deal direct with Halifax, and set up a payment plan with them for £1 a month, for the Loan.

 

Scan and post up the agreement you got for the credit card if you have it, but please ensure you have removed ALL identifiers, your name, reference numbers etc.

 

If you don't have a copy of the CCA then send them the CCA request with the stat fee of £1 enclosed on a BLANK postal order.

[Lucky7even]

I wrote a letter to Harry Singh, Director of Halifax on the 8th August.

 

I pointed out that the credit card agreement was missing conditions 5, 8.1 and 12.2, no T' & c's were provided either and there were 5 missing pages.

 

I stated that what they have "provided" does not conform to a Consumer Credit Act 1974 request.

 

I provided a detailed income and expenditure sheet, clearly showing I am unable to pay, and a copy of my doctors report clearly showing I have an ongoing mental health condition and am unable to work.

 

Its now 5 weeks down the line, and I've had no reply.

 

Today, I received a letter from the Customer Priority Team.

 

Clearly my documents have not been pased on to this department for consideration.

 

I am now having to write, yet again, with copies of what I sent to Harry Singh.

 

I've told Halifax due to my ongoing mental health issues if I receive any more harassment from them asking me for money I dont have, I shall seek legal advice and sue for harassment.

 

Its pointless going to the Ombudsman, because the Ombudsman are not for the protection of vulnerable consumers, and I've been with them twice before and both complaints went against me.

 

I really dont know what else I can do to get Halifax off my back.

 

The stress of this is starting to affect my mental health considerably.

[dx100uk]

post 194 needs answering

[Bazooka Boo]

The stress of this is starting to affect my mental health considerably.

 

That's because you're letting it get to you, it's ONLY letters with words on, if it's affecting you this much, then STOP poking the nest and telling them what evidence they've failed to supply, because all they'll do is send it to you.

 

You've requested documents, which they either have or haven't sent you?

 

If they haven't then instead of telling them that they have failed to comply with your request, IGNORE them, until such time that they do supply enforceable documents.

 

You won't get them off your back if you keep responding to each and every puerile missive their computer spits out.

 

You have given them far too much information already, there is no need to send them your private confidential doctors report, and exactly what I&E did you send them?

 

STOP corresponding with them.

Please scan and post up what they have sent you already in relation to your CCA request, but ENSURE you remove all identifiers, reference numbers, names, bar codes etc.

[Lucky7even]

This is all Halifax sent.

 

Try this!!

IMG_20160915_0002_NEW.pdf

[Bazooka Boo]

OK if that's all they sent then sit on your hands, DON'T be tempted to respond, telling them where they have failed, will simply do their job for them, where they'll simply magic them out of thin air.

[Lucky7even]

OK if that's all they sent then sit on your hands, DON'T be tempted to respond, telling them where they have failed, will simply do their job for them, where they'll simply magic them out of thin air.

 

Okay so my problem now is this, how can I get the default removed if the debt is not enforceable?

 

What can I do if they keep hassling me for money and start passing it around to DCA's again!?