Bank statement demand

Apples2

CaPPsiE wrote: »

Ok well if there is an existing agreement then why would the Halifax wish to change that via a solicitor's?

There was a perfectly acceptable agreement.
It's the one you agreed to when aigning up to the deal in the first place.
You decided to change that at a whim and decide to reconsider your payments against their wishes, why shouldn't they do the same?

Sounds like you simply don't consider your debt to them anything more than unnecessary hassle.

dealer_wins

I smell a rat here. One who is being economical with the truth!!

RobertoMoir

CaPPsiE wrote: »

I have been paying £35 per month to the Halifax and they have since passed that on to the solicitors. It is the solicitors who have asked to see the monthly bank statements.

Hopefully this will suffice as the context, I still cannot see why they would ask to see the bank statements, one wonders what they are up to.

While I appreciate your suggestion that give-and-take makes the world go round, I cannot help thinking that the solicitors are thinking of increasing the payments using some kind of legal force. Been out in courts or perhaps just through their soliciting agency so to speak.

Solicitors cannot make you increase your payments on a debt simply by being solicitors. They can of course take you to court and attempt to obtain a CCJ if their client instructs them to do so. They can do that whether you show them your statements or not, of course, and if that is what you suspect is what is happening (and I'd certainly say that's likely) then I'd hesitate to co-operate. Of course refusing to co-operate has its risks too.

If the Halifax were satisfied with £35 a month, why then pass that to the solicitors? Yeah you reasonably can think of is that they wish to increase the payments by identifying any spare money and suggesting that that could actually be used against the debt regardless of whether I feel it should or not.

Thoughts?

If the Halifax were satisfied with £35 a month then they wouldn't have passed it to their solicitors. As they have done that, I'd suggest that they're not satisfied. Accepting that something is better than nothing is not the same as being satisfied with that something.

I'd say that if you have defaulted on an initial loan and were now paying a lesser amount then (regardless of your bank statements for a moment) its not entirely unexpected that the lender would be unhappy with this and would investigate their options.

chanz4

I always view it as you want them todo something, so why not co-operate after all if you are been truthfull it wont show any different. They could always take you to court, and get the judge to make you.

ALIBOBSY

OFT guidence is clear in that if a creditor agrees a payment plan and the debtor sticks to it they shouldn't pass the debt on to a creditor, but the banks et al flout this all the time.
The ONLY person who can legally insist on seeing your documents is the courts.

Can I just check the name of the solicitors? As some so called solicitors aren't they are in fact debt collectors using the name to frighten people into paying. Have Halifax contacted you about this?

I would write direct to Halifax to complain that you have stuck to your side of the agreement so they shouldn't have passed the matter on. I would restate your circumstances remain unchanged and that you will continue to pay the money direct to them. Then keep paying.

If they did take it to court (highly unlikely) you defend and go to court, any judge will look unfavorably on unneccessary court action and as long as you are paying what you can afford will never ask you to pay more.

If this is one of the "debt collector" type solicitors they are probably trying to get hold of your bank account details and push for a higher rate of repayment.

Dependant on context ie. was this a loan/overdraft/creditcard you should also look into any possible claims for reclaiming of PPI (if paid) and/or charges.

Good Luck
Ali x

DCFC79

dealer_wins wrote: »

I smell a rat here. One who is being economical with the truth!!

And what are trying to suggest here