Claim for Secret Commission / Unfair Relationship - Halifax

[orfoster]

Hi all,

I have brought a claim against Bank of Scotland PLC for irresponsible lending, unfair relationship and secret commission.

Its been really difficult for me to talk about this but essentially in my previous relationship I ended up in quite a bit of debt, these were my debts but my now ex wife was putting me at a loss each month and using the children against me if I didn't, eventually we split.

I am just seeking a bit of assistance on the claim, I sent this in to them as my 'complaint' in April 2024.

1. Undisclosed commission.

I believe you have paid a commission to an Intermediary when I applied for credit, this was not disclosed to me at the time and I had no knowledge that this took place on each occasion. This creates unfairness in the agreements entered into with Lloyds Banking Group and Halifax and I believe constitutes an Unfair Relationship in accordance with Section 140 of the Consumer Credit Act.

I require the bank to outline the level of commission paid and an explanation as to why this wasn’t disclosed to me.

1. Irresponsible Lending

Credit card applications were made on 1 December 2014, 1 January 2016 and on 20 August 2019 on these occasions my credit file from this time shows a number of Default markets registered and in addition a number of pay day lenders being utilised showing a level of borrowing that would indicate financial difficulties, you have been provided with this evidence as a copy of my credit report at that time and you have failed to reply to these allegations despite these having been raised to you on 21 April 2024.

These pay day lenders were used to top up income in order for me to live without suffering financial abuse, along with other credit products like the Halifax credit card. This, I allege, creates an Unfair Relationship.

1. Failure to pay due regard to financial abuse

Further, during a telephone call with Halifax Mortgages on 8 July 2022 I disclosed to Miss Laverty that I had been the victim of Domestic Abuse on a financial nature, I don’t believe this is the first time I’d disclosed this as part of the process as I recall giving consent for another department to contact me about the matter, there was limited probing asked and I am aware the organisation have a duty to protect vulnerable customers, while this was discussed on the call there is nothing within the notes of that call to record what had been disclosed. A copy of the call recording makes this clear, the bank did not explore this further.

Following this call there were no steps taken to pay due regard to me as a customer to support me and I was again the subject to further issues within the relationship causing further financial difficultly.

These allegations of abuse are supported by a report written by my Psychotherapist who I saw regularly from February 2021 until 2023 when the relationship finally ended and I took control of my finances.

I believe that the failure to support me constitutes a further Unfair Relationship and evidence irresponsible lending throughout my relationship with Halifax, it is clear that no action was taken following these disclosures or at the time of application when I believe other disclosures were made.

The final hearing is on 16 May 25, I am just preparing the bundle and so have a lot of the evidence. Their defence doesn't admit or deny the commission for the cards, it states on the credit agreements that there was an intermediary introduction - annoyingly at this moment I can't find a copy of their complaint response about this which I am sure admitted commission.

The card has a balance of £1,800 - it fell into Default and I stopped paying it.

I am claiming the interest payments back and an amount due to the Default.

Is anyone able to guide me in relation to what I might articulate in the final hearing? Particularly in relation to proving the secret commission?

More than happy to share more details of the claim and their defence.

[ULA]

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