2Tiko vs Halifax charges **WON**

[Hopeful1]

Hello! Firstly i think if Halifax are offering to refund all the charges plus 8% interest that is reasonable as that is the interest you would normally only be able to claim through court. However, it is your decision.

 

With regards to the default notice, i do not understand how you owed £0.00. The idea of a default notice is that it gives you chance to remedy the arrears, but that's saying there aren't any? See if anyone else can comment. Perhaps they intend to re-issue because they know this is wrong.

 

If they do pass the acc. to a DCA i would then send the CCA request you considered sending earlier in the thread. If they can't provide one the ball is in your court and the DCA will have no right to harrass you.

 

Hope this helps a little, with any luck some others will add their views

[2Tiko]

Thanks for that, Hopeful1. I think I probably will accept, its the best offer i'm likely to get.

 

Doubtful about the CCA though as its a fairly recent account.

[2Tiko]

Does anyone else have any recommendations re post nos. 22 & 23.

 

Should I sell my soul to the devil and accept their offer?

 

How different will it be when BO&S take over?

[Hopeful1]

If you're not happy with the offer you could always accept it as a partial settlement and see what they come back with.

 

I have no experience BO & S so i can't enlighten you there. Looking back if the complaint is with FOS i would say the account is clearly in dispute and therefore shouldn't be passed on in accordance with OFT debt collecting guidleines. But hey, when do these people ever follow the rules??

[Hopeful1]

Also, if the default figure is mainly made up of charges, they shouldn't issue it anyway.

 

There's some info here about banks / defaults / credit reference agencies.

[2Tiko]

In Nov 2007 the credit card balance was £5416 (below the credit limit of £5500).

 

I have continued paying £17.76 (the agreed monthly instalments via CCCS) but the balance has increased to £5913 due to charges and interest.

 

Received a default notice 11th July (dated 5 July) saying I must pay £588.65 by 6 July.

 

GETTING REALLY STRESSED OUT NOW.

 

Should I:

(a) Accept their full and final offer of £273.49

(b) Accept the offer above but as a partial settlement (sorry - not sure how to do that!)

© Refuse the offer and go to the FOS as originally planned

 

I think Hopeful1's link above refers to bank a/cs (as opposed to credit card accounts)? Am I right?

[reallymadwoman]

Hi 2Tiko,

 

Sorry I haven't been around for a while and I must have missed developments on your thread.

 

1. I am reluctant to comment on the offer Halifax have made because I have no experience on reclaim of charges, so I'll leave that to someone else. My gut feeling is at most to only accept their offer as part settlement though leaving the door open for a further claim if necessary. Do they say if the amount will be deducted from your balance?

 

2. Is Halifax's response their 'final response'? If it is, it should say so somewhere near the end. If it is, it might well be worth sending it off to the FOS anyway. So far as I know, they can't reduce the offer Halifax have already made, so you won't be any worse off, and it would most definitely keep the account in dispute. If it's not their final response, you might need to write back to Halifax again, and unfortunately they will again have 8 weeks to reply, but having learnt from this experience, your FOS complaint would be in the post box at the first possible opportunity! You could include that the default includes unlawful charges either to the FOS or Halifax, and I bet they haven't already deducted the amount they offered you.

 

3. Re Blair, Oliver and Scott. They have been the absolute bane of my life. They send out computer generated rubbish, dated a couple of days before it's posted second class, in the hope of getting you to phone them before their time limit is up. Don't fall for it. The worst I have ever heard of them doing is passing your account to another DCA. So far as I know, Blair Oliver and Scott have never taken legal action against anyone, and they are just a department of the HBOS group. If you complain about them, your complaint will be dealt with by Halifax or Bank of Scotland.

If your account is passed to them, the plus is that interest should then stop being added. The minus is that they never reply to anything and always deny receiving letters or phone calls, so send everything at least recorded. When you get the first letter, write back saying the account is in dispute and ask for a copy of your agreement. I would be willing to bet they won't reply. They will keep sending you their 'contact us or else letters' though. Once they're over the 12 + 2 days, the first letter you recieve from them complain about a) the lack of response to your letter and b) them demanding money when the account is in dispute. You won't get a reply to that either, so wait the 8 weeks, then off to the FOS we go again. There's no rule about you not having a complaint about Halifax and a different complaint about Blair et al at the same time, especially as they will be substantially different.

 

Sorry this is so long, but if there's anything that's not clear or that I've missed, ask again.

[2Tiko]

Hi RMW - thanks a million for your response.

 

1. The offer of £273.49 was all of the charges +8% interest (first offer was £78 which I declined). The figure is fine for the charges but I was also hoping to get the huge chunk of interest back too as they have added to my burden whilst on a DMP. Am I wasting my time in trying to get the interest back?

 

2. I can't find the actual words "final response" only "this is the Bank's full and final offer" in respect of charges.

 

3. Your comments about BO&S are extremely helpful - will bear these in mind when it comes to it. I am terrified they might phone me at work - I would be devastated if they did.

 

4.

2.

[2Tiko]

Oops - pressed the button too early again (sorry!)

 

4. At what point would a bank or debt collector be more willing to accept a full and final in respect of the whole debt? Before or after it goes to BO&S? Just a thought!

 

2Tiko

[reallymadwoman]

1. If your complaint is going to the FOS anyway, include it. If you don't ask, the answer is already no and I have previously had interest charged whilst on a reduced payment arrangement refunded. I had to fight like hell though.

 

2. I'd take that as their final response. If it isn't, the FOS will tell you.

 

3. Refuse to answer their security questions. They will give up eventually.

 

4. No idea on this one. I've never wanted or been in a postion to do it. Gut feeling again is that after might work better.

[2Tiko]

Even though the offer in respect of the bank charges is fair, I guess the only way to get back the charges as well would be to go to the FOS then? Does that mean they can't pass the account to BO&S whilst it is in dispute?

[Hopeful1]

Even though the offer in respect of the bank charges is fair, I guess the only way to get back the charges as well would be to go to the FOS then? Does that mean they can't pass the account to BO&S whilst it is in dispute?

 

They shouldn't pass it on, but obviously some do.

 

My hubby's MBNA card is with FOS. In the meantime they have passed it to Cabot. I have written both to FOS and Cabot to state this and haven't heard from them for a while.

 

I think that once an account is with a DCA you can possibly get a lower full and final, particularly if there is no agreement. DCAs pay very small amounts for most debts. No credit agreement should also work in your favour with the original creditor though, as the bottom line is you could refuse to pay anything at all.

 

When negotiating full and finals you should also consider the removal of defaults etc as part of your negotiations, if the default amount is made up mainly of charges and / or there is no credit agreement.

 

[djgordyp]

Isn't it funny how Halifax seem to be one of only a few who make a nuisense of themselves. I have debts with Cap1 Cahot Halifax CC and a Halifax unsecured loan. The Halifax are the only ones hassleing me. As for Halifax CC, they always seem to find a way to add the late payment fee. I am making payments via CCCS and the payment was always arriving a day late. I mentioned this to CCCS and for a few months the fee stopped until recently. And just today I received a phone call from them to say the arrangement (or whatever they call it) had come to an end and they will be adding interest and fees (they have been for several moths anyway).

I currently pay £40.73 which is nearly double the minimum required. On the last statement I noticed the minimum payment required had jumped to £50. Admittedly I had missed one payment which is probably the reason for the rise. I think I'll have to look into contacting the FOS.

[2Tiko]

Hi djgordyp - looks like we're in the same boat (would that be the Titanic?).

 

Now i'm getting confused. If I try to get them to agree to a partial settlement (i.e. the late payment fees etc), can I still go to the FOS about the extortionate interest fees as they are increasing my debt whilst on a DMP

[djgordyp]

To be honest, I hadn't thought of going to the FOS. My take on the situation is this. They know I am trying to pay this debt off with the CCCS and therefore should be well ware that I am paying the most I can afford. If I could afford to pay more then I would so I don't see what purpose it would serve for them to put me deeper in debt. But I suppose at some stage they will eventually pass it over to Bliar, Oliver and Scott. At the moment I could'nt really care less what they do. I am paying as much as I can and that's it. It's going to take me until about 2011 or later to clear most of my debts anyway. If they take me to court, a CCJ will be on my file for 6 years, so what. At least they will have no option but to freeze interest. If the figures get high enough so that I can go bankrupt then they get nothing.

[2Tiko]

Hmm - don't fancy the bankrupt route (not for me if I can possibly avoid it). However, at £17.76 a month, it will take me 25 years to pay off!!! I'll either be a pensioner by then, or brown bread:eek:

[2Tiko]

Has anyone got any wording or quotes that I can use when writing to both the Halifax and the FOS about the default notice being made up mainly of charges?

 

Also, is it possible to accept a partial settlement re the charges but still go the the FOS about the interest?

[2Tiko]

Update: sent complaint to FOS 21 July. Had an acknowledgement etc.

 

FOS have now written to Halifax Card Services to either:

(a) make a revised offer which meets my claim in full; or

(b) provide FOS with the information they need so they can reach a conclusion on the merits of my claim

 

Well at least they haven't dismissed it.

[2Tiko]

Complaint submitted to the FOS 21 July - acknowlegement received.

 

Received a letter today saying they have written to Halifax to invite them to either:

 

(a) make a revised offer which meets my claim in full; or

(b) provide FOS with the information they need to reach a conclusion themselves.

 

Well at least they haven't dismissed it.

[2Tiko]

I have now heard from the Financial Ombudsman who have been in contact with Halifax - apparently they would prefer to settle out of court and have yet again offered to repay the charges + interest as an alternative to a formal investigation. This is exactly the amount they offered before I complained to FOS. There has been absolutely no mention of the ridiculous interest they have been charging on top of the account each month.

 

1. Should I press on with the complaint in the hope that they will refund the interest charges.

 

2. They have now passed the account to Barmy, Orrible & Stupid (Blair, Oliver & Scott). Do I now need to ask the CCCS to start paying Blair Oliver & Scott or carry on paying Halifax?

[reallymadwoman]

1. You have nothing to lose by pressing on with the complaint.

 

2. I would send barmy orrible and stupid the 'account in dispute go away' letter and keep paying Halifax until Halifax tell you otherwise. BOS lost a lot of the payments I made to them, so if/when you do start paying them, keep your proof very carefully.

[djgordyp]

You could discuss that with CCCS but I don't see why you shouldn't continuue to pay Halifax. I noticed recently that although payments are going to Bleedin, Outright Stupid, the balance on the Halifax online summery page is going down.

Looks like somebody ran back to the Halifax office (probably next door) with the account as soon as they got my CCA request:). Without even letting me know, I should add.

[2Tiko]

Thanks for your replies (rmw & djgordyp).

 

Will press on and get FOS to investigate as the total interest charged since December has now reached £609.37.

 

The only account in dispute template I have is for when they can't produce the CCA.

 

I guess that answers my other question really. If the account is in dispute(?) then surely I should continue paying the Halifax instead of Blair Oliver & Scott? Confused:confused:

[reallymadwoman]

I take it that you mean this one? :-

http://www.consumeractiongroup.co.uk/forum/egg/155140-egg-have-instigated-dca.html?highlight=account+in+dispute#post1683268

 

You could adapt it to suit your circumstances.

[2Tiko]

Yes, that's the one I was thinking of but it mostly relates to CCA Agreement.

 

The only bit (I think) that is relevant is

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974

. Should I be adding something more?