Im sure this is illegal but need advice!

kieran711

I'm just back from ASDA and had to ask the guy at the checkout to take back half the stuff because my card was declined. It came to £50 and I knew I had over £400 in my account. Checked at the cash line outside and my account had been cleaned out. Phoned Bank of Scotland just there and they said Halifax have taken £300 out my account because im in arrears. The girl fobbed me off and gave me a number for Blair Oliver Scott debt collectors. They're closed just now.

I've been getting letters from the BOS and one letter from that Blair mob, but it went to my dad's address and it wasnt recorded delivery. I'm out of work at the moment and not receiving benefits as I live with my fiancee. So I'm planning what to say to them when I phone tomorrow morning because I need this money back. It wasn't for them. My girlfriend put it in my account so I could pay rent and they've pinched it. Surely this isn't legal...is it?

YorkshireBoy

Perfectly legal I'm afraid. It's called the right to set-off, and is detailed in your account T&C's and the credit agreement(s) you accepted when you signed on the dotted line.

CannyJock

You bank with BOS, your credit card is with Halifax. Together they're HBOS.

You owe one money, you have money with the other one and after a number of letters they've exercised their "right to offset".

Sounds like they're within their rights.

EDIT: Cross-post with YB

kieran711

But what about the fact im not working and not getting benefits? Im havenothing! And how do they know that I even got the letter because it wasnt recorded delivery. I only found out tonight when I phoned my dad that there was mail for me from last week.
I believe that this probably legal because they always find a way to totally screw people up the !!!! but am I not entitled to get my money back if I prove I have no income and the money was for rent?

dmg24

kieran711 wrote: »

But what about the fact im not working and not getting benefits? Im havenothing! And how do they know that I even got the letter because it wasnt recorded delivery. I only found out tonight when I phoned my dad that there was mail for me from last week.
I believe that this probably legal because they always find a way to totally screw people up the !!!! but am I not entitled to get my money back if I prove I have no income and the money was for rent?

In a word, no. You may right to them and ask that they do not take future benefit payments, if you search for 'right of appropriation' this will explain further. However, this is only a request (they do not have to agree) and cannot be applied retrospectively.

CannyJock

Fraid not.

Whether you got the letter or not isn't really relevant. You owed them the money and the official line is that you're responsible for the debt regardless whether you get the letter or not. I think you're also responsible for updating them with a current address.

stephane_2

unlikely you will get you money back, sorry to say but your bank do not care if you can't pay your rent

YorkshireBoy

At the first sign of trouble you should have contacted Halifax. You didn't (or did you?).

They may be lenient to any hardship case you present, but possibly not if the payments have been missed for a while...have they? I imagine they have because I would have thought going the set-off route following the first missed payment wouldn't be something they would do?

If the £300 was a minimum payment (or several months' missed minimum payments?) you can bet your bottom dollar they'll do the same again next month.

You need to call Halifax (and BoS) and present your case...but calmly and politely (however difficult that may be for you).

kieran711

I'm gonna tear them a new hole tomorrow and see what happens. Cheers for your views

CannyJock

Subject: Negotiating with financial institutions 101.

Lesson 1:

You catch more bees with honey than vinegar.

Good luck.

YorkshireBoy

YorkshireBoy wrote: »

They may be lenient to any hardship case you present...

You need to call Halifax (and BoS) and present your case...but calmly and politely (however difficult that may be for you).

kieran711 wrote:

I'm gonna tear them a new hole tomorrow and see what happens.

Atta boy! :rotfl: