Harrased by the Halifax

SPELLKASTER

I just need some advice.

I am registered disabled, and have multiple health problems including mental health.

Halifax are fully aware of the above as I have told them in writing on 4 separate occasions now.

They are harassing me for debts they know I cannot pay as my main source of income is ESA at £221 per fortnight.

I have requested the write off the remainder of the debts, they did not reply.

They keep passing it around to various DCA's when the debts are in dispute as well.

I really have had enough of them, the FOS wont help as they will side with the bank as they did in a previous complaint.

I am at the end of my teeth and feel by constantly asking me for money I don't have is basically harassment.

What can I do?

National_Debtline

Hi spellkaster


I appreciate that your previous dealings with FOS may have been underwhelming, but realistically you need to refer the matter to them if you are unhappy with Halifax's handling of your account(s).


You mention disputes with Halifax - of what nature? Are the disputes anything that might make the accounts unenforceable?


How much do you owe Halifax and to your creditors in general? If they are unwilling to write balances off - and it is relatively rare that they do so - you may be able to get the debts cleared through an insolvency process like a Debt Relief Order.


Ultimately, it is worth stressing that there is really next to nothing a creditor like this can do if you simply do not have the means to pay them.


Has anyone corresponded with them on your behalf e.g. Citizens Advice, or have you been dealing with them personally? Where there are mental health issues that a creditor may need to take into account, it can help you to have an appointed case worker in your corner.


Dennis
@natdebtline

geoffken

I recognise the problem with your health but you could have just got your benefits in cash and when you spent it you could not borrow the banks money or more precisely as a shareholder MY MONEY but YOU bought the items/services with their money and now they want it back.
How unfair is that.

tomtontom

For what reason is the debt in dispute, do you deny the debt is yours? Have you already been to the ombudsman regarding this?

Have you offered a repayment plan?

SPELLKASTER

National_Debtline wrote: »

Hi spellkaster


I appreciate that your previous dealings with FOS may have been underwhelming, but realistically you need to refer the matter to them if you are unhappy with Halifax's handling of your account(s).


You mention disputes with Halifax - of what nature? Are the disputes anything that might make the accounts unenforceable?


How much do you owe Halifax and to your creditors in general? If they are unwilling to write balances off - and it is relatively rare that they do so - you may be able to get the debts cleared through an insolvency process like a Debt Relief Order.


Ultimately, it is worth stressing that there is really next to nothing a creditor like this can do if you simply do not have the means to pay them.


Has anyone corresponded with them on your behalf e.g. Citizens Advice, or have you been dealing with them personally? Where there are mental health issues that a creditor may need to take into account, it can help you to have an appointed case worker in your corner.


Dennis
@natdebtline

Thanks Dennis.

Right I owe Halifax around £6,500 in an unsecured loan and around £3K on an unsecured credit card.

The personal loan agreement was taken out online in December 2011, the agreement bears an incorrect address on it when executed by the bank. When the loan was granted, I did not match their lending criteria as I was on sickness benefits. Their lending criteria stated you either had to be working or on a pension income.

Secondly the credit card maybe unenforceable as again it was taken out online in September 2006. Looking at the agreement where it states "Signed on behalf of Halifax plc" remains blank.

I went to the FOS at the time and complained I was given credit I could not pay back. They sided with Halifax saying they did nothing wrong, that is why I wont use them again.

I am so stressed at dealing with Halifax because I feel I am banging my head against a brick wall, I've told them my income is limited at £221 per fortnight ESA, they wont listen.

I've tried to dispute the debts on the grounds of the agreements, they wont budge.

They failed to send a deed of assignment and deed of novation, wont comply.

My mental health problems are getting worse because of the stress, Halifax know I have mental health issues again don't want to know.

They recently sent me an income and expenditure sheet and a form of authority for them to contact my gp; why should I fill these in when they already know of my circumstances?

What else can I do?

tomtontom

So you do owe the money.

They need you to complete an I&E form to have an idea of your household circumstances. You keep saying you only have your ESA income but you do have a partner, so that income is not all you have to cover all your outgoings.

It sounds like Halifax are being helpful. You need to start helping yourself now, face up to your debts and make arrangements to repay them.

SPELLKASTER

I am NOT financially linked to my partner and the debts are in my name not his.

Halifax are NOT being helpful, they know of my circumstances, I've told them in writing on 4 separate occasion, each time they wont address the matter.

k3lvc

SPELLKASTER wrote: »

I am NOT financially linked to my partner and the debts are in my name not his.

Halifax are NOT being helpful, they know of my circumstances, I've told them in writing on 4 separate occasion, each time they wont address the matter.

So in summary you're not listening to the advice being offered and you're going to continue to write to them hoping they'll change their mind ? There'll only be one winner and this isn't likely to be you

SPELLKASTER wrote: »

The personal loan agreement was taken out online in December 2011, the agreement bears an incorrect address on it when executed by the bank. When the loan was granted, I did not match their lending criteria as I was on sickness benefits. Their lending criteria stated you either had to be working or on a pension income.

And I wouldn't be relying on this as a defence as it looks fraudulent to me. Did you declare you were on benefits or did you sign an agreement that confirmed you were working/drawing pension ?

SPELLKASTER

k3lvc wrote: »

So in summary you're not listening to the advice being offered and you're going to continue to write to them hoping they'll change their mind ? There'll only be one winner and this isn't likely to be you




And I wouldn't be relying on this as a defence as it looks fraudulent to me. Did you declare you were on benefits or did you sign an agreement that confirmed you were working/drawing pension ?

No its not fraud.

At the time, my benefits were being paid directly into my account, Halifax never asked what the payments were, and nor did they ask me to substantiate proof of income before granting me the loan

Marktheshark

Have you made any payments on the 2006 credit card debt since 16/03/2010 ?

Ignore the trolls as well, they gain pleasure by lecturing the unfortunate and sick in morals.
Just wish they would boot them from the forum.

National_Debtline

Hi again


I've offered some observations below in bold.

SPELLKASTER wrote: »

Thanks Dennis.

Right I owe Halifax around £6,500 in an unsecured loan and around £3K on an unsecured credit card.

The personal loan agreement was taken out online in December 2011, the agreement bears an incorrect address on it when executed by the bank. When the loan was granted, I did not match their lending criteria as I was on sickness benefits. Their lending criteria stated you either had to be working or on a pension income.


An error in the address shown on the agreement is very unlikely to have any bearing on the legitimacy of that agreement or its enforceability. On the second point re: lending criteria, I can't offer an opinion as I'm not in possession of all the relevant facts, other than to say that I assume that both of these points were considered by the FOS and subsequently dismissed. As such, it is very unlikely that there is anything more to be achieved by raising them.

Secondly the credit card maybe unenforceable as again it was taken out online in September 2006. Looking at the agreement where it states "Signed on behalf of Halifax plc" remains blank.

I went to the FOS at the time and complained I was given credit I could not pay back. They sided with Halifax saying they did nothing wrong, that is why I wont use them again.

I am so stressed at dealing with Halifax because I feel I am banging my head against a brick wall, I've told them my income is limited at £221 per fortnight ESA, they wont listen.

I've tried to dispute the debts on the grounds of the agreements, they wont budge.

They failed to send a deed of assignment and deed of novation, wont comply.

My mental health problems are getting worse because of the stress, Halifax know I have mental health issues again don't want to know.

They recently sent me an income and expenditure sheet and a form of authority for them to contact my gp; why should I fill these in when they already know of my circumstances?


You say that you have written to them on four previous occasions; however, the bank will not simply accept a statement on your part that you suffer from disability and/or mental health issues. They will require concrete evidence to this effect, hence the request for confirmation by your GP. This may strike you as harsh on their part, but the fact is that this is standard procedure and other banks would doubtless handle the matter in very similar fashion. That is why I was earlier wondering whether a case worker would be better placed to correspond with them on your behalf.

It seems this has all been dragging on for a very long time, and I understand your frustration, but unfortunately you are unlikely to see a different outcome without taking a different approach.

What else can I do?

Dennis
@natdebtline