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Halifax threatening to take money from my current account

Sorry this is long, but grateful to anyone who has the time and/or advice....

I have a debt from a Halifax visa card that I no longer use, in fact I have not even had it since 2004.

In 2004, I missed a payment on the card, as I basically didn't have the money to pay it. I had just had a baby, and times were particularly tough. A this time, I had numerous conversation with Halifax and CAB, and asked that they accept a goodwill gesture payment, whilst I worked out how how much I could offer each creditor. Instead of accepting this, they completely cleared out my current account, leaving me with no money (not ideal with a newborn!) Despite trying everything, and loads of expensive phonecalls, the money would not be returned. I realise now, that there is small print that allows the Halifax to do this!

Anyway roll on to 2011, I have been making the minimum payment on this card each month (approx £50) for about 6 years, because I was told by their representative that as long as I do that then they cannot take further action!

I know, I Know.... I should have sorted this out alot sooner....

Anyway, last month my halifax current account refused a payment to my visa card due to insufficient funds (should have been £53). They are now threatening to take £350 from my current account. I do not have this in my account at present, but when I am paid next week I will have, but this needs to go straight to pay my rent.

I am really scared that they will just take without warning.

Today, I have written an SAR and CCA request, as well as a letter asking that they put a hold on all action on my account until these are received. I also pointed out that should they remove money from my account, that my home and children's welfare, would be in jeopardy.

However, in the meantime, I am anxious they will just raid my account as soon as they can.

I have paid thousands to pay off a £1800 debt, which has not gone down. I am extremely anxious about what their actions will be, to the point where speaking to them on the phone is a real concern...

Any advice would be fabulous. Thanks in advance.

Comments

  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You have missed a payment on your card; so Yes - they are allowed to take money from other accounts to clear it.
    The advice on MSE is to keep savings and current accounts with separate banks for this reason.
    If they haven't taken it yet it might be an idea to transfer whatever funds you have to another bank account straight away, so that you can still pay for essentials like food and rent, while you sort the debt out.
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
    We belong to the Earth
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    open another currrent account immediately and get your income paid into there (obvioulsy an account that's not related to Halifax (i.e. the Lloyds group)

    go over to the debt free wannabe board and post up there; lots of infomation and support there.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    you need a bank account with another provider, requesting a sar / cca will not stop them taking funds
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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