Help Please With Halifax and the FOS

[Spellkaster]

I would like to ask for some advice people about being given a loan by Halifax bank back in December 2011.

I have some concerns that they not only breached the Lending Code, but they also broke their lending criteria.

At the time of the loan being given, I only had £202 in my then current account.

I was not asked any questions by Halifax; I was not asked why I wanted the money, and nor was I asked to show proof of income.

On their lending criteria at the time, it stated that you had to be in paid employment, and if you were retired, you have to show if you had a pension income.

Although I stated I was retired on health grounds, they did not ask me for proof of this, and was neither asked for proof of benefit entitlement letters.

I am not trying to get out of paying the money back, I am in financial difficulties because I feel that this bank just kept throwing money at me.

I have shown evidence to the FOS that I was in no fit mental state at the time the credits were given as I was being treated for mental health problems by adult mental health services, and was on very high medication.

I have shown the adjudicator evidence of financial difficulties by way of showing my credit report, and the fact that I had entered into an IVA 5 months after being given the loan.

Although I have a complaint with the Financial Ombudsman Service, the adjudicator has sided with Halifax saying they did not wrong, and to which I have disputed this and its now been fast tracked to be reviewed by the ombudsman herself.

I just want to ask for help; what other evidence can I show the Ombudsman that Halifax lent me money irresponsibliy and not assessed me properly for credit?

All Halifax did to assess me was check my credit score, and my current account, they did not ask me for nothing else clearly breaching their lending code and lending criteria.

Thank you.

[sean5302]

Re: Help Please With Halifax and the FOS

Hello.
I've looked at the Lending Code
http://www.lendingstandardsboard.org...12_Singles.pdf
I cannot see that the Halifax has done anything wrong, having read what you wrote.
The FOS operates a 2-stage system. Firstly, an adjudicator looks at the issue and makes a decision on the information submitted by both parties.
That decision is classed as informal and is normally accepted, resulting in settlement.
If there is no agreement with that decision, the matter goes for formal adjudication by an ombudsman. That decision is enforceable in the courts.
I read that you were ill but can't see how that prevents the Halifax from recovering their money. Have you tried to come to a sensible arrangement with them for repayment?

[Spellkaster]

Re: Help Please With Halifax and the FOS

I have no money to pay, my income is limited by the DWP and as such after general household expenditure there is no money left.

I still feel that they clearly did not assess me for credit properly, in the Lending Code it clearly states that as a lender they have to assess if I can afford to repay the money, I cant thats my argument.

There Lending criteria at the time clearly stated that you had to be working and if not receiving a pension.

I am not receiving either.

I clearly feel Halifax just kept chucking money at me and, in my eyes, deliberately caused me to be in this mess because they wont accept responsibility.

[sean5302]

Re: Help Please With Halifax and the FOS

Yes, I can see your position but you are failing to see what you have written.
They asked you if you were in receipt of a pension, and you said "yes, you were". The source of income was never defined in the Lending Criteria that I have seen. All that was said there was that they needed to assess whether there was income. They did that assessment, and that is where you'd fail, in my view.

We all have to take responsibility for our own actions, however painful. I feel I'm doing you the best service by giving you an honest opinion. No business ever "chucks money". The Halifax is a business. It loaned you money based on their assessment of what you declared to them.

[wales01man]

Re: Help Please With Halifax and the FOS

If you have no money to pay it back they cannot get any can they?
Have to agree with Sean you like the rest of us have to take responsibility for our actions you took the money they no doubt did not force you to the problem now is are they getting the money back? trying to blame them for wrongfully lending it to you after you applied seems pointless.

[Spellkaster]

Re: Help Please With Halifax and the FOS

Yes, I can see your position but you are failing to see what you have written.
They asked you if you were in receipt of a pension, and you said "yes, you were". The source of income was never defined in the Lending Criteria that I have seen. All that was said there was that they needed to assess whether there was income. They did that assessment, and that is where you'd fail, in my view.

We all have to take responsibility for our own actions, however painful. I feel I'm doing you the best service by giving you an honest opinion. No business ever "chucks money". The Halifax is a business. It loaned you money based on their assessment of what you declared to them.

I am not in receipt of pension, I receive Contributions based Employment and Support Allowance.

They did not ask me to show proof of income through benefit letters.

At the end of the day, they gave me money I clearly can't pay back, which is clearly a breach of the Lending Code.

[sean5302]

Re: Help Please With Halifax and the FOS

Unfortunately, there are people who don't like to hear or read views differing with their own.
I'm sorry that you maintain your viewpoint.

[Spellkaster]

Re: Help Please With Halifax and the FOS

I have told Halifax on several occasion in writing that I have no more money available.

After the election, I will end up penniless as they are planning to cut up to £80 per week off my ESA.

I just don't see as to why Halifax cant agree to write the rest of the debt off; I am not prepared to undertake another debt solution when I was in an IVA which is now failing due to lack of money.


I am so grieved by how the bank have treated me, I have never been in so much mess!!!

[sean5302]

Re: Help Please With Halifax and the FOS

I do sympathise, but you're not listening / reading.
You appealed to Halifax and they ruled against you.
You appealed to the FOS and they ruled against you.
You've had honest advice here, including that from wales01man, but you still maintain your position. I don't know what else to say to you. Sorry.

[Spellkaster]

Re: Help Please With Halifax and the FOS

So what can I do if I have no money, and am not willing to undertake another debt solution when one has failed!?

[sean5302]

Re: Help Please With Halifax and the FOS

Well, you won't have to do anything.
The Halifax will be doing whatever they consider is necessary.

[Spellkaster]

Re: Help Please With Halifax and the FOS

I cant see the point of taking me to court if I have no money and no assets either!!

[Spellkaster]

Financial Ombudsman Service - What a Waste of Space!!

I had a complaint with the FOS.

I had complained that my bank Halifax lent me money I could not afford to pay back.

I also heavily quoted certain parts of the lending code Halifax breached and my reasons.

I also showed their lending criteria at the time of a loan application.

I also showed screen snapshots of my credit report clearly showing financial difficulties, missed payments, and payments getting lesser and lesser.

I am appalled that the final decision has not been upheld, they have claimed Halifax have done nothing wrong even though I am nearly £10K in debt.

At the time the credits were given, I was never asked to substantiate proof of income, no financial questions were asked, nothing.

They just chucked money at me like water.

I have rejected their final decision and told them where to go.

What it the point of their being an ombudsman service if they never agree with the complainant?

I am registered disabled and in ill health when the credits were given.

I believe that I put together a good case.

Can anyone please help or give me advice!?

[Fred]

Re: Financial Ombudsman Service - What a Waste of Space!!

From the FOS;

if you are disputing any unfair terms in a contract, then the ombudsman is not really the best place to do that. We are here for practical day to day issues and help thousands of people every day to sort out these kinds of financial disputes. We simply do not have the remit to decide or make changes to contracts, banking policies or procedures, that is something more appropriate for a court or the financial regulator.

[sean5302]

Re: Financial Ombudsman Service - What a Waste of Space!!

Is this just a repeat of your previous posts about the same subject Spellkaster?

http://www.legalbeagles.info/forums/...ax-and-the-FOS

I don't know what advice or help we can offer you further.