Halifax personal loan agreement

[Spellkaster]

I have some concerns.

I have ongoing mental health problems and am classed as vulnerable.

Last year, I asked my bank, Halifax for a copy of my personal loan agreement.

They provided me with an oridinary photocopy.

They failed to provide under separate cover, terms and conditions.

There was an incorrect address on the loan agreement, I was not living at the address to which the loan agreement refers to when it was executed by the bank.

Secondly, the rate of interest is wrong.

It says that the rate of interest is 13.9%, yet I have a letter from the Halifax, as recently as July this year, claiming no interest was added at all onto the loan!!

I sent a letter to Halifax back in August including an income and expenditure showing I am unable to make repayments, and proof of my medical conditions via a doctor's report, this letter has been ignored by the bank.

To date, their Customer Priority Team keeps sending me letters, so I sent them a nasty one back last week enclosing a copy of the income and expenditure submitted back in August asking why no one has replied to this.

So, in a nutshell, what can Halifax legally do!?

Unsecured loan.

[Kati]

Re: Halifax personal loan agreement

[MENTION=87380]Diana M[/MENTION] [MENTION=2]Celestine[/MENTION] :noidea:

[nemesis45]

Re: Halifax personal loan agreement

Hi, welcome to LB,

Halifax may if unable to get you to pay would most likely sell the account to one of a number of debt purchasers.

The companies are likely to be more aggressive in their pursuit of payment.

It sounds as if the " agreement " has some " flaws" as an " actual " copy but may be intended to be a " reconstituted " copy.

So:

When was the loan account opened?

Has the account been defaulted?

Have you ceased all payments? If so when?

Did you make a formal CCA request under the provisions of the Consumer Credit Act 1974 together with the £1 statutory fee?

How much is remaining on the loan?

As to what Halifax could do 1. as said above sell the account. 2. Keep it in house and issue a county court claim.

nem

[Diana M]

Re: Halifax personal loan agreement

I have some concerns.

I have ongoing mental health problems and am classed as vulnerable.

Last year, I asked my bank, Halifax for a copy of my personal loan agreement.

I've taken a quick peek at your other three threads which appear to be about this same Halifax account > http://www.legalbeagles.info/forums/...323#post677323

I can see it was a loan account opened in 2006.

You've already uploaded a copy of the CCA which they sent you in your previous threads and pointed out the foibles as you see it.

There were a few comments but nothing substantial so maybe it's time to run forensics over the documents they have sent you.

These are your other threads on the same debt >

http://www.legalbeagles.info/forums/...578#post665578

and

http://www.legalbeagles.info/forums/...707#post666707

and

http://www.legalbeagles.info/forums/...915#post645915

It seems it's time to get to the 'bottom line' on your issue

Is Halifax just being annoying or is there any threat of legal proceedings?

Di

[Spellkaster]

Re: Halifax personal loan agreement

Thanks for the replies.

Halifax are just, at the moment being a nuisance, just sending me constant letters, no threat of any court action as of yet.

The personal loan was taken out online in December 2011, The outstanding balance is around £6500.

The credit card was taken out online in September 2006, current balance around £3K.

The credit card agreement mentions conditions 5, 8.1 and 12.2 but these were not provided.

Under FCA guidelines I am classed as vulnerable due to having ongoing mental health conditions.

When I sent my bank an income and expenditure back in August along with a lengthy letter about the debts being uneforceable, they did not reply.

Yes, both accounts have been defaulted.

Last payment made was well over a year ago through an IVA which failed as I couldn't afford to keep paying.

The bank did not provide, under seperate cover, terms and conditions for both accounts as requested.

Both credit agreements were just basic office photocopies, not certified copies.

I have no money and won't even be able to afford the £255 fee if I receive a claim.

[charitynjw]

Re: Halifax personal loan agreement

It doesn't generally cost you to defend a court claim (other than a bit of postage & possibly some other minimum expenses).
& if you are on reduced income, you may be eligible for court fee remission if necessary.
This can now be done online.
https://www.gov.uk/government/public...-tribunal-fees

[nemesis45]

Re: Halifax personal loan agreement

Thanks for the replies.

Halifax are just, at the moment being a nuisance, just sending me constant letters, no threat of any court action as of yet.

The personal loan was taken out online in December 2011, The outstanding balance is around £6500.

The credit card was taken out online in September 2006, current balance around £3K.

The credit card agreement mentions conditions 5, 8.1 and 12.2 but these were not provided.

Under FCA guidelines I am classed as vulnerable due to having ongoing mental health conditions.

When I sent my bank an income and expenditure back in August along with a lengthy letter about the debts being uneforceable, they did not reply.

Yes, both accounts have been defaulted.

Last payment made was well over a year ago through an IVA which failed as I couldn't afford to keep paying.

The bank did not provide, under seperate cover, terms and conditions for both accounts as requested.

Both credit agreements were just basic office photocopies, not certified copies.

I have no money and won't even be able to afford the £255 fee if I receive a claim.

You may well be entitled to remission of fees.
Missing terms and conditions means the agreement is incomplete and not compliant.

nem

[Debt Camel]

Re: Halifax personal loan agreement

A failed IVA - how large are the rest of your debts? Are you buying or renting?

[Spellkaster]

Re: Halifax personal loan agreement

You may well be entitled to remission of fees.
Missing terms and conditions means the agreement is incomplete and not compliant.

nem

Thank you nem, I just wanted clarification.

If Halifax keeps asking me for money when they know what they have supplied is not good enough what can I do!?

The FOS won't help me as they claim they dont look at credit agreements, they told me this last week on the phone.

Also, should these debts even be on my credit file if they are unenforceable!?

How do I get defaults removed if this is the case!?

[nemesis45]

Re: Halifax personal loan agreement

Thank you nem, I just wanted clarification.

If Halifax keeps asking me for money when they know what they have supplied is not good enough what can I do!?

The FOS won't help me as they claim they dont look at credit agreements, they told me this last week on the phone.

Also, should these debts even be on my credit file if they are unenforceable!?

How do I get defaults removed if this is the case!?

Unfortunately a debt being unenforceable via the courts does not mean it ceases to exist.

The Information Commissioners Office has a Technical Guidance Document that lays out how defaults should be handled.

Getting default entries removed is extremely difficult as the ICO's guidance is that the CRA entries must be accurate, and up to date and must show the true conduct of an account.

nem

[charitynjw]

Re: Halifax personal loan agreement

To say that it is unenforceable may not be strictly accurate.
Even if you sent a bona fide CCA request* (+ the £1 payment) & they failed to comply fully within the timescale, it would only be unenforceable while they were non-compliant.
That can be rectified if they can get a compliant copy, T&C's etc to you.
If you were to give them a heads-up on their failings at this stage, they could rectify these 'mistakes'.
*Did you?

[Spellkaster]

Re: Halifax personal loan agreement

On reading through in depth the credit agreement today for the personal loan, the signature box appears missing from the agreement.

Does it make the agreement invalid for this not to be present!?

[nemesis45]

Re: Halifax personal loan agreement

On reading through in depth the credit agreement today for the personal loan, the signature box appears missing from the agreement.

Does it make the agreement invalid for this not to be present!?

If the document is described as a " reconstituted " agreement no signatures are required.

nem

[Spellkaster]

Re: Halifax personal loan agreement

Nothing is mentioned about it being a reconstitued agreement.

[Spellkaster]

Re: Halifax personal loan agreement

A failed IVA - how large are the rest of your debts? Are you buying or renting?

I live with a partner and he owns the property not me.

All my debts are unsecured.