Help please!

[icrina53]

Hello all!
I am new to this and don't know where to start. I have received the attached pic in the post today !
Is with regards to an overdraft that I have not requested or received any paperwork for back in 2007 when it all started. It shows on my old bank account statements as an arranged overdraft but by who? Needless to say the money were spent due to little work and two kids to support, but it was only 10k and not over 13k how much they claiming.
Do I stand a chance to defend this in any way? The overdraft was just there one day and nobody asked me if I want it or not on what terms this has been given?
Where do I start ????

[Amethyst]

Re: Help please!

Morning.

Can you explain a bit more about how the overdraft came about? What kind of account did you have ? How did you find out you had a £10k arranged overdraft ? (I could understand a £500 overdraft without you having actually arranged it by £10k is a bit excessive) Did you speak to the bank at the time?

Well we need to try work out how it happened. So, we have to acknowledge the claim and then have couple letters to send out.



1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
Ask for the 1) Contract/Agreement 2) Terms of the account 3) Demand 4) Notice of Assignment


3: Send a DPA Subject Access request to the ORIGINAL CREDITOR ( http://www.legalbeagles.info/forums/...ection-Act-%29 )
Ask for any agreements, terms, transaction lists, screen notes, records of telephone calls etc relating to this account. specifically any detail related to how the overdraft was arranged.

[icrina53]

Re: Help please!

Hello again and thank you for replying to me.
In July 2007 my husband opened a current account with them , no overdraft was requested or offered , few weeks later I added my name to the account as all the bills were DD and he didn't earn enough to cover it , so my wage went in there as well.
Few weeks later while at the ATM to take some cash out , the screen just showed 10k overdraft facility available. Now the big mistake was not to go in the bank and question it , and always being lumbered with bills we started using it and spend it all.
When we realised we cannot afford to pay it back , as there was over £150 interest a month ,we entered a DMP and we were making payments towards it. Last payment Halifax received from us was June 2010, but in the same time the account was defaulted in June 2010 also , I was under the impression they must wait a while before they can do that? and get a notice of it as well ?
Also I know for a fact that we never requested the overdraft , and if we in fact did, we would have been turned down anyway as our credit history was very bad in 2007.
I still have couple of statements from 2008 and it shows as an arranged overdraft , but by who? and we should't have some terms of an agreement if is an arranged one?
Thank you again and look forward your response !

[Apollo1966]

Re: Help please!

icrina, I am not legally qualified but have taken on a bank and won.

can you prove that via a credit agency you two woulld not have been awarded a 10K overdraft back in 2007.

If you can and you have no signed documents then it is a possibility that you could prove that the bank has acted irresponsibly.

with all the situations going on with the baniks for years they are trying the best they can to recover.

Stand your ground and prove your point.

Good luck

Apollo1966

[icrina53]

Re: Help please!

Thank you and congrats for your win!
I am not sure how I can do that , I will log into Equifax and get all the info they have for 2007, I believe we had few declines during that year as well , maybe try to find who's done a credit check on us during that period ?

[icrina53]

Re: Help please!

Had a look on Equifax and it goes as back as 2010. I will phone them on Monday to see if they can help in any way

[sloane82]

Re: Help please!

Sorry to hear about this did the bank contact yourself and ask you if you would like an overdraft?. Also the £1 fee per day is extortionate. I was with Halifax myself. Do you have all the statements with the halifax bank and what account was the account current or basic?. Contact the Financial Ombudsman service and get them to investigate the account and then find out how much they will take off hopefully the full amount also check your statements for any unpaid overdraft fees etc put a mark next to them and claim all of them back are you still with the halifax now?.

[Apollo1966]

Re: Help please!

Had a look on Equifax and it goes as back as 2010. I will phone them on Monday to see if they can help in any way

icrina, My only help I can give you is phone equifax but get them to put in writing as well

Although they only show on search back to 2010. legally they have to keep records for six years......There is a hidden point to this fact and it is.

Say for arguments sake 2007 was the last year your account with equifax was used. They legally would not have to hold data as now is 2014..... after 2008 but if it was activated by either you or a credit application in 2012 then they have to keep account history active from 2006 its a rolling activation.

Before you explain to them your situation..........You have looked on the site and it goes back to 2010 then they must hold data back to 2004..... got the idea....

Be careful what info you give them so that in order you get your information you require. Then see if you can get from bank a signed overdraft.

Be very careful Years ago I had similar situation...... I never used money... You see if you know in 2007 u never had overdraft signed but used money that was not agreed..... ignorance is no defence in law....... I have to look at this in different way.... Timelines are very important in this matter.

Husband took bank account...
Weeks later you were assigned to account.
Years Later you agreed to start paying off.
June you two defaulted.
June they started pursueing.
Why did you not query when you two started paying £150 pm?
banks do make errors. trust me on that one.....

Although these ? are posted I really think you should what for a qualified member of this site as your situation a is totally different to mine and I do not feel that I am in a position to advise any further..... there are two many similarities but one or two differences and it is those differences that prevent me from continuing.

I will monitor your thread and if you get no reply tomoz I will pm and ask that you get contacted before Monday. i am not coping out but as not qualified and not exactly same situation I can only help with equifax

apollo1966

[icrina53]

Re: Help please!

sloane82 , i have about four statements from 2008,2009 and 2010, nothing prior to the overdraft , on the ones I have it says it is a high interest current account. We have never requested an overdraft , I know that for a fact, because our credit was really bad at the time .The overdraft just appeared , I do not recall receiving any terms/ agreement or anything like that , the monthly £ 150 stopped as soon as we entered in a DMP but then was defaulted on the same month that we actually paid the agreed amount.
Another thing, it does not show anything from Halifax on my credit repot, but only on my husbands, yet both of us are on the claim?
Apollo I understand what you are saying about ignorance and although I do not try to find a good excuse for that , when you are in a low paid job , paying £1400 in rent back in 2008 and having two kids to look after that was the last thing on my mind. I could kick myself now but is a tad too late and I am very grateful for any advise/ help you give me.
With regards to using money that was not agreed, my statement says is an arranged overdraft, but who arranged it?

[sloane82]

Re: Help please!

sloane82 , i have about four statements from 2008,2009 and 2010, nothing prior to the overdraft , on the ones I have it says it is a high interest current account. We have never requested an overdraft , I know that for a fact, because our credit was really bad at the time .The overdraft just appeared , I do not recall receiving any terms/ agreement or anything like that , the monthly £ 150 stopped as soon as we entered in a DMP but then was defaulted on the same month that we actually paid the agreed amount.
Another thing, it does not show anything from Halifax on my credit repot, but only on my husbands, yet both of us are on the claim?
Apollo I understand what you are saying about ignorance and although I do not try to find a good excuse for that , when you are in a low paid job , paying £1400 in rent back in 2008 and having two kids to look after that was the last thing on my mind. I could kick myself now but is a tad too late and I am very grateful for any advise/ help you give me.
With regards to using money that was not agreed, my statement says is an arranged overdraft, but who arranged it?

Its a bit odd really you can get the Halifax in trouble for this and if they didnt agree an overdraft then there should'nt have been one.

[Amethyst]

Re: Help please!

Sounds like someone miskeyed an arranged overdraft then they just left it on your account or it wasn't flagged up. Yss you should have gone into the branch and asked them to remove it when you saw it there, but do understand your situation made it feel like a bit of a godsend at that time, sadly it isn't a defence to repayment though.

If it was a joint account then yes the claim should be against you both and you may need to submit your income and expenditure sheets with your offer to pay once we have more information from the CPR and SARs. Do you own your own home ?

For now though ensure you have acknowledged the claim and sent off the CPR request and SAR.

Did you have ANY overdraft on your account before the £10k appeared ? if you had non there might be something you can do regarding the interest charged on it as you hadn't ever agreed to a credit facility.

[icrina53]

Re: Help please!

I am going to send my letters on Monday.We never had an overdraft, not even now and we do not own our home .CPR to the solicitor and SAR to Halifax? do I need to pay anything for these two ? and do I enclose a cheque or how?
After that I just wait until I receive a response from these two? and then prepare my defence around the letters I receive?
Is it a good idea sending the SAR request? will I not make the matters worse and get them to action against me on top of the DCA ?

[Amethyst]

Re: Help please!

No money needed for the CPR request, the SAR needs a £10 cheque if you can, if you can't yet, get the letter sent and leave in the line saying 'let me know if you need a fee'.

Yes the SAR is a good idea to find out how this £10k ended up on your account and whether the terms you signed for the account included anything about an overdraft, paying interest / charges thereon etc.

They have written the debt off and sold it to the DCA so you needn't worry about them taking action, it would be on the same cause of action so it's not possible.

[Apollo1966]

Re: Help please!

icrina, i seriously do understand..... As far as the bank is concerned you accepted once your name was put on the account as far as I am aware both you and your husband are joint and severally responsible for that account.....bear in mind I am not qualified.....

A question for you..... are you and your husband still together?

If your statements states it's an arranged overdraft and was active in 2010 and then in june 2010 due to DMP it was defaulted the account was still active in 2010.....

If I have this right the 10k appeared in 2007. The account defaulted in 2010 the bank MUST have the documents to prove where the arrangement came fromand who signed as they must hold the records for six years after the date of inactivity. so that makes it 2004 they have records for.... Like I said it is a rolling six year period we are looking at.

That was 2010 did your husband hold the account before 2007 or take out a new account and then two weeks later add you?
Do you have all statements for this account ? do you have the statement before the one that shows an arrangement?

have you asked the bank to provide a copy of the signed arrangement?

[icrina53]

Re: Help please!

Apollo , yes we are still together.The account was opened by my husband in around June 2007 added me few weeks later and the overdraft appeared maybe a month later. I do not have the exact dates as I do not have any statements from 2007 . Only few from different years 2008,09 and 2010.
I will send my letter to Halifax on Monday, I am very curios to see what is their response .
Many sleepless nights to come :tinysmile_cry_t: