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Bank accounts and missed loan repayments.

Hi folks, trying to get my life in order... with not much help !!!
Anyway, I bank with the halifax, I also have 3 loans with them....I am on maternity leave and struggling to make repayments, I have looked into a DMP and if I take this on I have been advised to cancel all direct debits, if I do this can they take any money that come into the account to pay the arrears ?? would I be better opening a new account somewhere else ???

Thanks for any advice, my house is up for sale and I am trying to get sorted but my boss tells me he is selling up so I dont even have a job to go back to !

Good time ;o)

Comments

  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 10 February 2012 at 5:24PM
    I have been advised to cancel all direct debits, if I do this can they take any money that come into the account to pay the arrears ??
    Yes. Although they are meant to give you fair warning.
    would I be better opening a new account somewhere else ???
    Yes. Do it now.

    It might be worth you posting on the Debt-free Wannabe part of the forum. You'll probably get more help for your specific circumstances around DMP etc.

    Good luck.

    http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=76
  • Im still finding my way around as only joined today after recommendation from a friend. Thanks for your help x
  • endora
    endora Posts: 226 Forumite
    opinions4u wrote: »
    Yes. Although they are meant to give you fair warning.
    No, they are not!

    Please see below quote from the FOS website
    We would not usually expect a firm to warn customers before it exercises its right of "set off". A warning might prompt customers to move their money to an account with a different firm. But we think that it is usually good practice for a firm to tell a customer as soon as possible after it has made a transfer.
    Which means by the time they alert you to the fact it will be too late!
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 11 February 2012 at 9:48AM
    endora wrote: »
    No, they are not!

    Please see below quote from the FOS website

    Which means by the time they alert you to the fact it will be too late!
    Your information is 8 years old.

    Perhaps a read of the recently updated BOCBS rules 4.1.4A (section b) and 5.1.3 would bring you up to date.

    Here's part of the key section that firms must provide:

    general information in relation to the nature of the firm's right of set-off and the generic circumstances in which the firm may rely on that right within a reasonable period before the firm seeks to exercise its right of set-off . The FSA considers that this information should be provided at least 14 days before the firm seeks to exercise its right of set-off.
    You may apologise below :) .
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