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should I try for a claim under hardship rules

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  • should I try for a claim under hardship rules

    I lost my job six months ago and have had to stop all payments on credit cards. My halifax card has grown to 7k plus .
    I had a real go at halifax a few months ago when they took two weeks income £160.00 in JSA in charges and then I found these forums and asked for my statemnets. They sent me ten years of staements and I calculated 4000 plu ins charges and interest.
    Then I discovered the test case and I coudn't proceed.
    Almost immediately halifax registered a default and sent my card account to the debt collectors.
    I have blacklisted them on my phone and refuse to speak to them. I cll halifax or write to them instead.

    The who picture is that I have a mortgage with a halifax owned company. Up to date. I have a current account that is in slight credit and I havs an overdraft facility that they reduced ti 1000 and I dont use it. I live off my girlfriend and used JSA to clear the overdraft.
    I still have 400 a month more going out than coming in and am borrowinf to keep afloat. I sent them the personal budget form form National debtline showing this and offered to pay them £10.00 a month until I get a job.
    They have not replied bit I have had anther letter form the debt collector.

    Last week tey took £180 from my current account and used it to pay the credit card without asking me.
    I was furious because I could have been relying in this. When I get a job I will need to be able to travel and support myself for a month.


    The way I see it they are pushing for their 7k. They owe me 4k. If it was in dispute officially they could not have defaulted me and they could not pursue me via debt collectors.
    If they settled their debt to me I would owe a just 2/3k

    The way thins are going, by the time this test case happens I will owe them 15k and they will be looking for a second charge onmy home. All extortionate interest and charges.

    Realistically, am I wasting my time applying?
    Will I just irritate them further and get nothing?

  • #2
    Re: should I try for a claim under hardship rules

    You need to open a basic account for your benefits then they can not touch them.

    Comment


    • #3
      Re: should I try for a claim under hardship rules

      Please have a read of the info HERE and if you would like you can fill out our I&E sheet and someone will give you an idea if it would be worth trying for hardship.

      Comment


      • #4
        Re: should I try for a claim under hardship rules

        Hi and welcome to Beagles

        Am I right in thinking that this is mainly a credit card debt they are chasing you for? If so, then forget about the OFT test case, becuase Credit cards are not covered by this and so it's business as usual regarding claiming charges back on credit cards.

        Send them the Prelim letter and request your charges back. Then send LBA (Letter Before Action). Then file at court. The case should not be stayed as it is not covered under the OFT test case. If they have defaulted you and the default balance is mainly made up of charges you will probably be able to get the default removed too, but you must make this clear from the beginning in your first letter. I personally don't have any experience of Halifax CC reclaiming (although I've done Natwest, Citi, Capital One (twice), Barclaycard and MBNA lol), but if you have a read around I'm pretty sure there will be some info on Halifax's modus operandi.

        Might be best if you started a thread in the Credit Cards section and kept it separate from your hardship thread.
        Is no longer here

        Comment


        • #5
          Re: should I try for a claim under hardship rules

          It is a credit card balance and it is growing rapidly. They defaulted my when I complained about charges
          Below is the incoe statement which I sent them. I have offered them £10.00 a month

          They agreed t refund 140 in recent charges after I lsot my job and sent a form to sin before they refuded it.
          It jsut referred to a case numbe I was agreeing to. I bet that case covers the whole amount. I sent it back with condition that I was only agreeeing to the current dispute etc.




          OUTGOINGS
          Priority
          Council tax
          8
          Electricity
          98
          Ground rent/service charge
          90
          Water rates
          28
          Broadband/phones/calls
          28
          Mobile
          35
          Home insurance
          10
          Car Insurance
          25
          Car tax
          15
          Petrol
          60
          Food
          150
          Clothing
          Other
          Household shopping
          30
          Totals
          587.00
          INCOME
          Monthly
          IN
          Benefits

          £242.00

          Comment

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