Halifax - Unfair relationship!?

[Spellkaster]

I've been in written correspondence with Halifax for around a year now.

I have 2 debts; 1 a personal loan taken out online in December 2011, outstanding by £6500, a credit card taken out online in September 2006, outstanding balance £3100.

I have been sent credit agreements for both, the 2006 looks like its unenforceable as it might be missing prescribed terms, the personal loan has an incorrect address on it.

Halifax are fully aware that I am on sickness benefits and cant pay the balances on both accounts.

They also know I am vulnerable as I have shown evidence through a doctors report I am being treated for ongoing mental health conditions.

My problem is this, Halifax have a habit of not replying to letters in full.

They keep passing the debts around to various DCA's, especially Moorcroft who then do unauthorised credit searches.

Halifax told me back in March that they have removed my phone number from their system, I've been getting phone calls off these DCA's.

So, how can I get them off my back due to having mental health conditions as its very much making me ill.

[Snoopy1948]

Re: Halifax - Unfair relationship!?

Hi Spellkaster

From what you have said, you have not to date taken advice from a third party agency such as the Citizens Advice Bureau.

There is always an optimum way forward on any debt and before you can look at that, you need to present your whole situation in front of an advisor. The important thing here is do you have any disposable income to support repayment on this debt, however small? Is you health and financial situation likely to improve? Are you a homeowner and what is the total value of your debts?

If you are not a home owner and this loan is unlikely to get repaid, then a Debt Relief Order may be suitable or a Debt Management Plan may also be possible if you have a level of disposable income. I would start by seeing an advisor at your local CAB and take it from there. Your vulnerability needs to be confirmed and advice can then be given on the back of that. Whatever you want to do, it will not go away without intervention and proposals, and you do need some help on this one. Your mental health and welfare should take precedence over the need to satisfy enforcement agents but you should seek help to prove that.

https://www.citizensadvice.org.uk/de...-need-to-know/

[Spellkaster]

Re: Halifax - Unfair relationship!?

Hi Spellkaster

From what you have said, you have not to date taken advice from a third party agency such as the Citizens Advice Bureau.

There is always an optimum way forward on any debt and before you can look at that, you need to present your whole situation in front of an advisor. The important thing here is do you have any disposable income to support repayment on this debt, however small? Is you health and financial situation likely to improve? Are you a homeowner and what is the total value of your debts?

If you are not a home owner and this loan is unlikely to get repaid, then a Debt Relief Order may be suitable or a Debt Management Plan may also be possible if you have a level of disposable income. I would start by seeing an advisor at your local CAB and take it from there. Your vulnerability needs to be confirmed and advice can then be given on the back of that. Whatever you want to do, it will not go away without intervention and proposals, and you do need some help on this one. Your mental health and welfare should take precedence over the need to satisfy enforcement agents but you should seek help to prove that.

https://www.citizensadvice.org.uk/de...-need-to-know/

I did an IVA back in 2012 which failed as I couldn't keep up with the repayment on it and the IVA company Debt Free Direct increase my payments beyond affordability.


I have shown evidence to my lender, Halifax, on at least 4 occasions of my doctors report showing my ongoing mental health conditions.

In total my income is £664.99 per month. By the time household bills are paid I only have around £13 a month spare. Not even to make repayments of any kind.

Halifax are also aware I have no property or savings.

Halifax just do not seem to be very cooperative with me at all and even the director for Collection and Recoveries, never personally replied to my recent letter.

[nemesis45]

Re: Halifax - Unfair relationship!?

I've been in written correspondence with Halifax for around a year now.

I have 2 debts; 1 a personal loan taken out online in December 2011, outstanding by £6500, a credit card taken out online in September 2006, outstanding balance £3100.

I have been sent credit agreements for both, the 2006 looks like its unenforceable as it might be missing prescribed terms, the personal loan has an incorrect address on it.

Halifax are fully aware that I am on sickness benefits and cant pay the balances on both accounts.

They also know I am vulnerable as I have shown evidence through a doctors report I am being treated for ongoing mental health conditions.

My problem is this, Halifax have a habit of not replying to letters in full.

They keep passing the debts around to various DCA's, especially Moorcroft who then do unauthorised credit searches.

Halifax told me back in March that they have removed my phone number from their system, I've been getting phone calls off these DCA's.

So, how can I get them off my back due to having mental health conditions as its very much making me ill.

Good afternoon Spellkaster,

Does Halifax still own these debts?

It would help us to advise if you post up copies of the agreements after removing your name /address/account numbers
Have any payments been made on either account?

nem

[Snoopy1948]

Re: Halifax - Unfair relationship!?

Hi Spellkaster

That's the problems with IVAs that purport to be professionally underwritten, the only true winner is the insolvency practitioner who arranges it. You do of course have a responsibility to undertake and maintain the agreed payment schedule but in my experience many fail when they fail to be based on accurate disposable income especially when it needs to be projected going forward. Plus it is usually a condition of an IVA that if it fails, the practitioner ( to my understanding ) needs to give advice on further insolvency action and can even be instrumental in it if the creditors so demand.

All I can add is that if your mental health condition is not likely to improve ( and therefore your financial situation ) you need to think about further insolvency considerations as I have suggested above. Have you taken any recent advice from the CAB? I don't really think that this is a battle that you can resolve on your own.

[Spellkaster]

Re: Halifax - Unfair relationship!?

Good afternoon Spellkaster,

Does Halifax still own these debts?

It would help us to advise if you post up copies of the agreements after removing your name /address/account numbers
Have any payments been made on either account?

nem

Yes, Halifax still owe the debts as far as I know.

The personal loan is too legit as it was done back in December 2011, although the address on the agreement was incorrect at the time.

Payments were last made on the loan going back November 2015 via the IVA.

The credit agreement for the credit card might be missing prescribed terms as it was done online in September 2006. When I asked for a copy of the agreement there were no t's and C's provided.

[Spellkaster]

Re: Halifax - Unfair relationship!?

How do I put up the loan agreement!?

[Spellkaster]

Re: Halifax - Unfair relationship!?

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[nemesis45]

Re: Halifax - Unfair relationship!?

How do I put up the loan agreement!?

[MENTION=49370]Kati[/MENTION] can you help spellkaster please. nemxx

[Kati]

Re: Halifax - Unfair relationship!?

How do I put up the loan agreement!?

@Kati can you help spellkaster please. nemxx

of course ... if you email it to me (kati@legalbeagles.info) with a link to this thread I'll happily post it up :nod: xx

[Spellkaster]

Re: Halifax - Unfair relationship!?

of course ... if you email it to me (kati@legalbeagles.info) with a link to this thread I'll happily post it up :nod: xx

I've sent you an email with the thread link and cca agreement.

[Kati]

Re: Halifax - Unfair relationship!?

Got it:

[Spellkaster]

Re: Halifax - Unfair relationship!?

Got it:

So is it unenforceable!?

This was all they sent me.

Missing pages.

No T's & C's.

[Kati]

Re: Halifax - Unfair relationship!?

[MENTION=55034]nemesis45[/MENTION] should be able to tell you xx

[nemesis45]

Re: Halifax - Unfair relationship!?

@nemesis45 should be able to tell you xx

Thank You [MENTION=49370]Kati[/MENTION]

One notices first that the agreement should have 8 pages and we have pages 3 and 4 here.
Are there more separate sheets or are the rest of the T's & C's on the reverse of the pages provided.

The bottom of page 3 refers to conditions in para 5 and we don't have that here. Also mentions condition 12.2 again not present.

A tough one in my opinion as to how a judge would decide the signature page is present but a chunk of T's & C's missing on the principal of the balance of probabilities considering the agreement is pre April 07 my opinion ( unless all the other pages have been disclosed) the agreement is not compliant/enforceable.

nem