suzi999 v haliprats!!

[moneyhelp]

You should be proud of yourself for standing up to them, well done!

 

Don't let them get to you, it's only time and you will get it ALL back. Small comfort for you now though granted.

 

We are all here with you, be strong and GO-GET-EM!

[miss muppet]

So sorry to hear all that you are going through - did you (at the risk of turning into a bore because I am always banging on about it)ask for a copy of the original agreement(CCA) this covers bank accounts with overdrafts as well under the Consumer Credit Act, it only costs £1. and there is a template letter, they must supply a true copy not an application form or the debt is unenforceable. You can also ask for an SAR which advises of all the transactions on your bank account including PPI and penalties. If they do not have an agreement you can then claim all your money back including interest over 6 years - I think the way you have been treated is appalling, its awful that you can't even get in touch with your hubby to advise him to pay his money elsewhere, the way they have taken your money is definitely worth a complaint to the FOS, basically they are nothing but legalised bank robbers except they are robbing you!! Don't be ashamed, its not a criminal offence, a lot of whats happened to you is down to their actions.

[suzi999]

Thankyou Miss Muppet, will definitely be sending a complaint to fso about all this. Will have to wait and see what haliprats and my debt management company say on Tuesday, then will take things from there.

 

Thanks again for the messages of support, good to know there are people out there who have suffered the same at the hand of the banks!

[suzi999]

Hi All,

 

Firstly an apology that I've not posted here for a while. Unfortunately after the whole saga of the Halifax cancelling my account then re-instating it then withdrawing my entire overdraft facility leaving me minus my wage for a month, I've not been able to afford to continue with my claim.

 

I DESPERATELY need advice here as another bank holiday has arrived with the Halifax AGAIN freezing my account. Last time they said it was due to "arrears" on my current account by which the meant my overdraft which was paid off every month. They froze my account, cancelled my card, left me with no dough then shaved years off my life by telling me they would also be taking my husbands wages when it was paid in as I have amounts outstanding on HBOS credit cards currently being paid under a debt management plan. Turns out thankfully this wasn't the case, when I finally managed to contact the credit management people at the halifax who advised me that my overdraft had been withdrawn so there were no no more arrears on the account and re-instated the account.

 

Now it seems they have decided to freeze my account again. Spoke to someone on the 08457 203040 number (only people I can speak to on bank holiday) who said head office have frozen the account due to an overdraft on another account. I have an overdraft on a BOS account of £338. My wage that has just been paid into my current account was £1736.10 and my husbands of £1200 will be paid in the next few days. I cannot access any money and cannot speak to them until tomorrow. Could someone please tell me are they allowed to do this??? The other overdraft and all balances on my HBOS credit cards are all under the debt management programme and my DMC have been sending out all the relevant cheques. I have never been contacted by a court regards any of the debts so don't have any CCJ's I think???

 

Can they just take my money in this way. There is no overdraft on my current account now, it is fully in credit. Can they take my money because I have the outstanding credit card balances with the HBOS company?? Don't they need a court order first?

 

So confused, and stressed. Have been working overtime so I can have a nice couple of weeks with my husband when he's back on his r&r from Iraq, gutted that the bank might be able to take all my heard earned cash. Have tried looking on OFT and Consumer Advice Bureau websites but cannot find the answer to this question. Can anyone help?

[suzi999]

PLEASE PLEASE PLEASE if anyone can help with the question I posed in my last post on this thread or can forward this to someone who can help. Need to know where I stand before I talk to the bank. Going to have to log off now as I was on shift last night and need to get some sleep. Please post reply on here will pickup later today, desperately need some advice.

 

Thanks.

[suzi999]

Is no-one out there reading my thread?? Can anyone help please!!!!

[suzi999]

Hi All,

 

Just wondering if anyone in the Debt Action Group can help me?? Have had a good route around OFT and Consumer Advice Bureau websites and can't find answer to the above - unable to get through to CAB as bank holiday today and is very urgent - please read my story on my bank charge thread if you can:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/75861-suzi999-haliprats.html

 

Hope I've entered this link properly and it works. Any advice greatly received, not sure what banks are allowed to do. Want to be armed with knowledge of rights before I speak to them.

 

Thankyou.

[broke dave]

Suzi,

 

Just picked up on your thread. Not sure about your bank, but mine (LTSB) have sent me a letter about a credit card debt. In it says, "As you will know our terms and conditions allow us to take money out of any other accounts you hold with us to pay off your arrears." Well NO ACTUALLY I DIDN'T KNOW. I haven't ever seen this condition before; but it is now happening quite a lot. Your bank seems to be doing the same.

I wish I could help more - perhaps by bumping your thread up someone more knowledgeable than me might help.

As always, Bank Holidays get in the way.

If you have no money to live on go and see CAB immediately in the morning.

 

Good luck.

 

bd.

[broke dave]

Suzi,

 

Link works and have posted there. Not much use I'm afraid but at least it is a reply

[Josie8]

unfortunately the banks have the power of setoff....using one accounts surplus funds to pay another accounts minus balance including credit cards with same provider.

 

You must arrange for your salaries to be paid into a different account asap. It may be worthwhile asking the army to get involved on your husbands behalf because he wil not be in a position to sort this out in basra.

 

When did you and hubby open up credit card accounts? cca them with s.78 request asap - they may well not have valid agreements for them and that's why they are seizing your salaries .

[suzi999]

Thanks Broke Dave,

 

Kinda what I didn't want to hear, didn't think they could just take money from your account. Looking through CAB website all it talks about is county court judgements and bailiffs etc. Very confused and concerned that they are able to just take money in this way if you have other debts with the bank you hold a current account with. If this is the case thay will be able o take every penny I am paid as my credit card debts with HBOS totals approx £5000. I am currently paying a debt management company who is in turn paying HBOS so it's not as if I am not paying them anything. I don't have any money at all and unfortunately am an Ambulance Tehnician and start shift at 7am tomorrow so will struggle to speak to CAB tomorrow.

 

Luckily my parents have been able to drive 70miles today to bring me some food and fuel my car so will be able to get to work (luckily not affecting ambulance cover in the area.) Sincerely hope thay don't take all my hard earned cash - my husband is returning on leave after 3 months in Iraq next week and it would be preferential if I am actually able to feed him when he is home!!!

[gizmo111]

Is this a joint account? They cannot money out of it to pay your sole debt and they certainly can't take his wages to pay your debts.

 

From the BBA website BBA - British Bankers' Association - Understanding joint accounts read towards the end.

 

Take the first right of appropriation letter to the bank tomorrow if you can and get back some of your money.

Change your account to a bank you owe nothing to. Who is your DMP with as this really should have been their first advice to you.

[suzi999]

It is a joint acount and none of the credit cards are in joint names, all either my husbands or mine. DMC did advise me to do this but wasn't able to change the account my husbands wages are paid into as the army pay system was changing in the months before he left and now am unable to do anythinhg about it. Can't go to CAB tomorrow as at work from 7 till 7. Am terrified now they are going to clear out my account. They withdrew my overdraft and froze my account on a bank holiday weekend in May leavng me with no funds for 5 days and now have done it again. My debt management company have been paying them. How can they do this? Why are they allowed to force me to repay debts simply because I have a current account with them when other creditors are not able to force me to repay debts and have to get a CCJ to do so?? Feel sick now with worry, don't want to be left with no money again - I work bl**dy hrd for it how can they be alloed to leave me with nothing??

[gizmo111]

They can do this under the right of offset, but according to the website above they cannot take money from a joint account to pay a sole debt.

CAB will not be able to do anything, you need to print off the website and take it into the branch with the first right of appropriation letter asap.

[suzi999]

Please excuse my ignorance but could someone please explain what the first right of appropriation letter is and what CCA is??

[gizmo111]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

[suzi999]

Thank you gizmo, though not sure if that will work as my wage has already been paid in. They haven't taken anything out of my account yet though, it is still £1736.10 in credit. I don't have seven days before my husband's wage goes in but will try and give it a go. I'm nightshift on Wednesday so will just have to go without sleep while I get this sorted out.

There may be a glimmer of light at the end of the tunnel as I llok and my bank account conditions under secction 6 - When can we take money out of your account? section 6.2 reads:

 

"If any money is overdue for payment on any other account you have with us, whether in your sole name or in joint names; we my take the money that you owe us out of your account. If your account is a joint account we will only do this if the overdue debt is also on a joint account held by the same people. We can do this without giving you notice."

 

The overdraft in question is on my sole account, two of the credit cards are solely in my husbands name, and one solely in my name. I have a further card that it is in my name but my husband is an additional card holder. Does this make it a joint account? I always thought it didn't but then I was under the illusion they couldn't just take my money. How wrong I can be.

[Josie8]

ADDRESS

Date

******** BANK PLC

**********

**********

********

 

Data Protection Act disclosure request

 

Dear Sirs,

 

BANK ACCOUNT NUMBER *********** & VISA CARD NO ***************

Please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £2 as payment for both accounts and this amount represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

Furthermore please supply me with all information you hold and in particular a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours Sincerely,

 

Ms ********

Special Delivery No…………………….

[gizmo111]

Excellent - you need to draw the whole lot out in cash and open a basic bank account elsewhere - take the T&C into the bank and the BBA website printout, in fact open one now on the internet with someone you owe no money to - try NAtionwide Flex, Alliance and Leicester or co-op basic aco****s all come with a electron visa.

 

Do you pay your DMP to make payments for you?

[payingonlyencouragesthem]

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html

 

It means they can't take money you need for your basic living expenses as far as I remember. CCA = Consumer Credit Agreement. If they can't produce one they can't enforce the relevant debt.

[suzi999]

Thanks Josie.

 

Unfortunately not sure how I will be able to pay the fees for the CCA and SAR if Haliprats take all my money. Am hoping that under condtion 6.2 thay will not be able to with the account being in joint names. Was just thinking, does going through the DMC make the debt joint? Mmmm!

 

Also looking at condtiotion under which they say they can freeze tha account:

 

29 When will we stop you taking money out of your account?

 

29.1 If we reasonably think your account is being used for illegal purposes, or if we find out there is a disagreement about who owns the money in the account (including a disagreement between the account holders on a joint account,) we may freeze your account. This means we will not allow anyone to take money out of your account, pay money in (unless we agree) or carry out other transactions until we are satisfied that your account is not being used for illegal purposes or that the disagreement is settled.

 

29.2 We may also freeze your account if we find out that a bankruptcy order is made against you or we reasonably think that one is likely to be made. This means we will not allow anyone to take money out of your account, pay money in or carry out any other transaction unless that person has a legal right to do so.

 

What do you think guys, I don't think any of these condtions apply to my account, certainly no illegal activity or bankruptcy. I don't even have any CCJs so surely there can be no dispute over who owns the money in my account??

 

Let me know what you think.

[payingonlyencouragesthem]

Excellent - you need to draw the whole lot out in cash and open a basic bank account elsewhere - take the T&C into the bank and the BBA website printout, in fact open one now on the internet with someone you owe no money to - try NAtionwide Flex, Alliance and Leicester or co-op basic aco****s all come with a electron visa.

 

Do you pay your DMP to make payments for you?

 

Sorry Gizmo thought we'd lost you:-). What a disgraceful cunch of bunts this lot are...

[suzi999]

Thanks again Gizmo, will do. Have tried Nationwide and HSBC before - they wouldn't entertain me. Do you think I might have a fighting chance if I go in with T&C's and BBA printout??

[suzi999]

And P.S Gizmo, I do pay my DMC to make my payments.

[gizmo111]

Was just thinking, does going through the DMC make the debt joint? Mmmm!

 

Nope the debt can only be joint if it was taken out in both names - is the DMP joint? There is some info on dealing with debt here.

I am just a little concerned that you may be paying a DMP a fee whne you could be getting out of debt quicker, by having the right option in place.