Capquest has sent me a SD 6.1 letter

[Bozzy]

Hi there My first post and a cracker too

I had some bother around six years ago which resulted in my Halifax cardcash account been frozen.

It all started when there was a delay in which there was no money in the account to pay the interest charge on a Visa card so I got lumbered with a fee of £108 to pay (bad direct debit and over my CC limit) which went onto the CC account. I started to pay the CC off at £25 pm which was more than the interest they wanted. I did complain about excessive charges which they refunded the following month but charged me again (£5 plus the original £108 )because I was over my limit, I complained again what was going on. They then stopped the CC account and handed the account over too a DCA of which I started to pay off the amount owed.

As all this was happening I had £291.36 in my cardcash account which was frozen in May/June 2003 and still has £291.36 in it (no Interest either :tinysmile_cry_t: )as I get a statement from them every 3 months.

I lost my Job/Flat and was "No fixed abode" in January 2004 for about 3 months living a friends relatives etc (contract of employment ran out and the Landlord was selling up for redevelopment so had no way of keeping in contact with the DCA (it was passed on to a few other DCA's in those months) but kept my tempory postal address known to the Halifax.

The debt was SOLD to Capquest for the usual 30% or less and the debt was around £700 when in last contact with the last DCA (castle collection) I had contact with. this is a sore point with me as I had more money in my account than Halifax got for the debt

Now the point is since I no longer owe money to the halifax can I close my account and withdraw the money ?. I looked at halifax's banking code and it only states "accounts can be frozen if I owe them (Halifax) or their Agents (Capquest are not their agents).

Also can I do something about Halifax and how they acted in regard to the debt.

TIA

[Amethyst]

Re: Frozen Bank Account

Did they actually tell you the Cardcash account was frozen ? The balance was in credit by £290 odd when they froze it - what was your debt on the account at the time ? Sorry got a bit confused. Or did you have two Cardcash accounts ?

must be late lol.

[Budgie]

Re: Frozen Bank Account

I think I have figured it out.

Bozzy had a card cash account and a credit card account with the Halifax.

Got into difficulty with both and Halifax froze the Card Cash account in case they needed to use the balance to reduce what was owed on the Credit card account.

I have had a check through Halifax Card cash account T and C's and I don't think they can actually do this. According to the T+C's I have for an old Card Cash account they seem to be able to allow themsleves to take money from one account to settle a problem with another account, but I cant see "freezing" mentioned in the T+C's that I have.

What I think Bozzy is asking is do we think that as the Credit Card account has been sold to a DCA do Halifax have any continued right to continue freezing the Card cash account.

Personally, I don't think they had or have any right to freeze it anyway.

Also I suspect it is very likely that Bozzy has a load of charges that can be claimed back on both the Card cash and credit card accounts.

Perhaps you can let us have some more information Bozzy.

Rgds Budgie

[Amethyst]

Re: Frozen Bank Account

Ahh thanks Budgie, my head was going in circles last night.

What was the balance on the Credit card account when the card cash account was '' frozen '' then?

[tomterm8]

Re: Frozen Bank Account

They will have raided the account. You can be sure of that.

[Budgie]

Re: Frozen Bank Account

What was the balance on the Credit card account when the card cash account was '' frozen '' then?

From what Bozzy has said it appears it would have been in excess of £700

They will have raided the account. You can be sure of that.

It doesn't look as they they have touched the money in the Card cash account..........."As all this was happening I had £291.36 in my cardcash account which was frozen in May/June 2003 and still has £291.36 in it"

I see no reason why Bozzy couldn't pop into the local Halifax Branch and try close the Card Cash account and draw out the money.

Additionally, I suggest that Bozzy send seperate SAR's to Halifax for both the Card Cash and the credit card and see what could be claimed back in the way of charges.

As far as the credit card goes it may be that you have charges on there that you could claim back and use them to wipe out or reduce the remaining balance on the credit card account.

Note : Halifax card cash is one of the very basic accounts ( no overdraft facility ) and I firmly believe that the Judge in the Test Case is going to rule that these types of accounts and this one in particular will be declared as containing common law penalty charges within their T+C's.
This is an ideal time to start a claim for refund of charges on this type of account.

You will get plenty of help from the guys on Legal Beagles along the way.

[Bozzy]

Re: Frozen Bank Account

Thanks guys

I will see if I can dig out the Visa statements but I have lost a few Cardcash statements but seem to remember that there was two withdrawals of £100 that had no reasons mentioned on the statement ie ATM/transfer etc. I will pop into the Halifax in the next few days and see if I can close my 5 year old frozen account.

I will let you know how I got on.

Thanks again.

[WendyB]

Re: Frozen Bank Account

Send SAR's for both accounts, this will get you all statements for for both accounts, then you'll be able to see exactly whats what and start the recleiming process with all the info.

[tomterm8]

Re: Frozen Bank Account

IF the debt had been sold, and there is money left in the account, IMHO they have no right to prevent you obtaining it.

[Bozzy]

Re: Frozen Bank Account

Well I went into the Halifax this morning and asked the cashier that I wanted to sort out my 5 year old frozen account. Armed with some ID and a wheelbarrow full of documents relating to the account which included tons from CrapQuest which continually mentioned the fact they bought the debt from the Halifax.

I took loads of phone calls and checking of records etc etc (stood at the counter for nearly an hour) and kept on mentioning that QuackCrest were NOT acting as the banks agents but were the owner of the debt so the Halifax had no right to keep my account frozen under section 27 of their own banking codes

Got the money and the account is now closed as the halifax head office 'Has no interest in the Cardcash account'

Now the fun begins, with the money I am going SAR halifax (cardcash and the visa account) so is that two payments or wait until CapQuest take me to court as I have recieved a letter 'preparing for a Statutory Demand under sec 268 insolvencies act 1986' and get the SAR for free.

Personally I recieved a very dodgy looking halifax deed of assignment facimilie signed by euen macgregor that contains the exact same amount as the capquest demand with the same date but not the amount that Capquest put on their first letter to me, i have a very badly photocopied CC application/aggreement that has everthing typed out but the lines mentioning a second card are scrubbed out crudely (they could have typed them out at the time ?) and no T&C or APR or credit limit it does mention the time period (tick boxes) first half or second half of the month for Direct Debit payments though and they did not supply me with a statement of account (I could be wrong but I believe should be a transition of all payments and charges from the inception of the debt)

Well thanks for all your advice and support on this one

I will be starting a new thread on capquest which includes a list of DCA's including Albion,Castle Collection and NCO (there maybe others as for a three month period I was classified as No fixed abode) each DCA seemed to have added around £150 to £250 before passing the golden egg on. Not a bad day on the whole but for a debt just over £1000 I have paid well over £500 back so far and todate the new letter it is now magically £1100 odd.

Thanks again

[Amethyst]

Re: Frozen Bank Account

Got the money and the account is now closed as the halifax head office 'Has no interest in the Cardcash account'

great news well done for sticking your ground.

CapQuest take me to court as I have recieved a letter 'preparing for a Statutory Demand under sec 268 insolvencies act 1986'

grrr whats the rest of that letter say ?

Any chance of scanning in the CCA and DOA docs ?

[Amethyst]

Re: Frozen Bank Account

oh yes

SAR halifax (cardcash and the visa account) so is that two payments

no it would be one payment.....same company and DPA is you as an individual not account specific

[Bozzy]

Re: Frozen Bank Account

Thanks Amethyst

I dont have a scanner or a proper digi cam and my mobile phone is crude

The Credit Card Application (it states in a few places that it is a application but mentions 'credit agreement regulated by the consumer credit act 1974' at the top in small letters )is a very dark photocopy (done deliberately me thinks or they train monkeys for their photocopier work). All I can say it has my name. old address. my income,rent included the direct debit for the last half of the month. second card holder part is blank and the stuff about second card erased with a very shaky line through the two lines everything else is typed in a horrid italic style font. It has my signature and what I believe is a bankers signature (could be a part time doctors ?) something about data protection act, would you like third party literature etc which is indicated as no.

What is missing is terms and conditions, the interest rate and credit limit.


As for the deed of assignment it is (comments are in brackets):-



05 Sept 06

My address

Dear Mr Bozzy

Re: Halifax PLC (should that not be HBoS PLC ?)
Product: Credit Card
Acount No: xxxxxxxxxxxxxxxxx

I am writing to inform you that Halifax plc (note small letters there) have sold your account to ( a few spare spaces here) to CapQuest Investments Limited .

This means that the effective owners of the above account are now CapQuest Investments Limited.

CapQuest Investments Limited have appointed one of their group companies, CapQuest Debt Recovery Limited to manage you account on their behalf. All contact regarding this account should now be directed to CapQuest Debt Recovery Limited on telephone number 0870 0843535 (national rates apply)

I confirm that the amount outstanding on your account as at 25th April 05 was £925.34.

Yours Sincerely

facsimilie signature

Euan McPherson

---------------------------------------------------------

now :-

point one the halifax deed of assignment letter is dated 5th sept 06 and the debt amount is dated 25th april 05

The capquest letter that arrived at mine on the same day as the halifax one dated 05 sept 06 has the same amount of £925.34 also but the very first letter i got from capquest was for the amount of £968.70 ?

Also on grumbletext forums there are a few dodgy letters with a halifax logo top right and the usual HBoS the mound tiny corporate address lines at the bottom of the page, they do not look like any of the nasty letters I have got from the Halifax at all (and I got charged £20 for them each LoL ). I have the envelope and it was sorted at the PO's Bridlington sorting office (wherever bridlington is). Do HBoS have to mail their scottish office letters in bridlington?


WowI typed all this in that small box


EDIT: it is Brislington (near bristol) not bridlington

[Amethyst]

Re: Frozen Bank Account

The £42 odd will likely be capquest charges.

So what do you want to do ?

Reclaim charges from Halifax and any capquest have added on top and come to a payment arrangement or negotiate a settlement with capquest for the outstanding balance ?

Or you have something else in mind ?

[tomterm8]

Re: Frozen Bank Account

I would be cheaky, and offer the amount that the halifax just paid you as your full and final settlement.