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Halifax still requesting payments & sending statements 6 years after discharge

As mentioned in a previous thread it has been 6 years since discharge. Although I know that nothing can be done as this particular debt was included in the bankruptcy i still receive statements requesting payment and action will be taken etc etc. I have rung up and complained about this and was told twice a Manager would call me back but nothing.

I have previously over the years sent letters but never any responses etc. I know it doesn't really matter but surelly they cannot keep sending these it is completely pointless?

Is it worth complaining to the Ombudsman or a is it a pointless exercise and a case of I should just not bother any more in responding to them, and bin any communications like this?

Anyone else experienced this - bit crazy 7 years later and not very nice to be constantly reminded of.

Comments

  • alastairq
    alastairq Posts: 5,030 Forumite
    This can sometimes happen...especially with such a big cumbesome organisation such as teh one above.

    Once the Petition was granted, really no such communications should have been responded to...that is for the OR to do.

    However, if the communication is from a County Court, it is best to respond as required, by informing [the Court] of the details of the BR when presenting evidence refuting the debt claimed. This is to save hassle later on when discovering a CCJ has been erroneously issued, and needs to be set aside.

    Fermi-of-this-parish has a wonderful letter that can be sent.

    However, it is all well & good sending these letters...but, to give yourself teeth, they must be rigorously followed up!

    If..no response is received precisely within the specified time limit, then immediately lodge your official complaint with the bodies concerned.

    A Debt Doctor reminded me earlier, a complaint to the FOS [?] results in the'creditor-as-was having to pay £500 to the FOS, regardless of the eventual outcome!

    Halifax will soon get their act together if they keep on having to pay out £500 for the mere pleasure of having a complaint lodged against them!

    Fermi....where are you?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    A complaint to the FOS might be an idea. Only costs the creditor the £550 if it actually goes to an adjudicator, whereas most creditors clearly in the wrong will cave before that.

    Would also be useful to see wording of these demands? Are they demands for payment in the scary debt collection vein? Or are they the standard arrears statements that creditors must send every 6 months under s86 of the CCA1974?

    Shouldn't be sent anyway, but some creditors use that section of the Act as an excuse to keep sending them. But if they may try to claim that, then would be helpful to know so it can be pre-empted or countered in any formal complaint.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • RS2014
    RS2014 Posts: 43 Forumite

    Thanks for the replies - I believe it is 'standard arrears statements thatcreditors must send every 6 months under s86 of the CCA1974' as I seem to getabout 2 a year.

    Can something be done based on this? I mean sending a statement of arrears 7years after is a bit silly so I think if it continues I would like to take itfurther - What would happen though? Do you have a template letter?

    A bit irrelevant but I will say it anyway; -

    I really do not like Halifax they harassed me for this debt which I considerto be a very small amount (£900 - although I know that is not the point a debtis a debt) quite harshly in the beginning even though I was trying to make regularsmaller payments when I could before bankruptcy.

    Anyway after my bankruptcy I got an easy cash account as I couldn't get anythingelse. A few years ago when this happened it was on the national news as ithappened to 1000's of peoples accounts but anyway there was apparently somekind of security lapse in the internet banking system which they later addedadditional security steps to make more secure.

    Anyone that has banked with them will know you could make faster payments ofup to £1000 which appear in a recipients account within 2 hrs. Now if you setup one of these payments to a new receipt you receive a phone call to the registeredphone number on account with verification code to enter to authorise it. Beforeyou could just send this money to anyone’s account, up to a grand and it would be there in 2hours.

    On payday at 1am someone logged into my internet banking and there was afaster payment of just under £1000to an account with a funny sounding name. I rememberphoning up in they were really condescending asking me if I had given mydetails out etc as I must of. I have internet security, would never fall for a phishingscam, do not have my details written down and never have done and no one elseknows so this was through no fault of my own.

    I had dd's all coming out for my bills and in effect that £1000 was the wageI got paid so I had no money and all dd's were going to bounce. I explainedthis and was told well 'normally they would give an unauthorised overdraft in these circumstances until the fraud teamhas done their investigations' but they could not do that for me because it wasa basic account. The advisor then asked me had I considered applying for one oftheir credit cards in the mean time to tide me over.....................I burstinto tears. They were no help what so ever I am lucky I have a good network ofpeople around me who helped me but a lot of people do not. I think it took me 3weeks to get the money back.

    Anyway went off on a tangent but I have had some horrible experiences withthem.

    A word of warning to anyone considering going with this bank this bank - Whogives you extra?

    This bank will and plenty of it....extra hassle
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 6 February 2014 at 9:11PM
    I might send something like:

    uG20Yba.png
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • RS2014
    RS2014 Posts: 43 Forumite
    Brilliant letter - thank you very much appreciated :)

    Anyone else having this issue so long after bankruptcy 7 years+?
  • Yes, I've just received another letter 8 years after I filed. The strange thing is that I didn't get these letters for about 5 years and then they started? I worry that I should be taking action. I contacted abbey who took over from cahoot and was told that it was standard to send these letters out. Why? And when will they stop? I've taken great care to be a more responsible person with money, I do feel like I've learned an important lesson. My heart sinks when I receive these letters though, I feel that same fear I did over 8 years ago. I don't really understand what they hope to achieve. It's so long ago and I got rid of so much stuff after I was discharged that I don't even think I could find the case number to do a letter now.
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