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Halifax Problems
ScaredWitless
Posts: 157 Forumite
in Loans
I have around £9K of debt with the Halifax.
Comprising of credit card and loan.
At the time of taking out the credits money was not a problem.
Now, I am on sickness benefits, and cannot even make minimum payment.
I have provided the bank a detailed income and expenditure sheet.
I have also provided medical evidence that I cannot work to pay off the debts.
I've asked for the debts to be written off on hardship grounds.
The bank is refusing.
I cannot pay full stop.
The credit agreements provided anyway are unenforceable, I wont go into detail as its lengthy.
The collections department had the cheek to ask me to contact Stepchange.
I said I would NOT be undertaking another debt solution when I had been under an IVA and it had failed because I couldn't keep up the payments.
Any advice please?
Comprising of credit card and loan.
At the time of taking out the credits money was not a problem.
Now, I am on sickness benefits, and cannot even make minimum payment.
I have provided the bank a detailed income and expenditure sheet.
I have also provided medical evidence that I cannot work to pay off the debts.
I've asked for the debts to be written off on hardship grounds.
The bank is refusing.
I cannot pay full stop.
The credit agreements provided anyway are unenforceable, I wont go into detail as its lengthy.
The collections department had the cheek to ask me to contact Stepchange.
I said I would NOT be undertaking another debt solution when I had been under an IVA and it had failed because I couldn't keep up the payments.
Any advice please?
0
Comments
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Could you tell us how the agreements are unenforceable?
I dont think they have a cheek to contact Stepchange at all. Thats good advice.
The way i see it you are liable for the debt and it needs to be paid. I fully empathize with your circumstances i really do but it doesn't mean that you are no longer liable for your debts.
Have the accounts defaulted yet? If so the next step for them is court action.
Again its probably not the reply you wanted but a change in your circumstances does not mean your debt will be written off. They still want it paid.0 -
mrmagooooooo wrote: »Could you tell us how the agreements are unenforceable?
I dont think they have a cheek to contact Stepchange at all. Thats good advice.
The way i see it you are liable for the debt and it needs to be paid. I fully empathize with your circumstances i really do but it doesn't mean that you are no longer liable for your debts.
Have the accounts defaulted yet? If so the next step for them is court action.
Again its probably not the reply you wanted but a change in your circumstances does not mean your debt will be written off. They still want it paid.
I can't pay if there is no money is there!!
Accounts have defaulted.
The credit agreements have missing terms and conditions, incorrect rate of interest, no signature box, wrong address, the list is endless.
Bank doesn't care and their attitude is disgusting.0 -
If you can't make the minimum payment then you can't make the minimum payment, Halifax can't get blood out of a stone. Suggesting you contact Step Change wasn't cheeky it was actually a pretty good suggestion being that Step Change are a debt charity.
You've got umpteen threads about this Halifax loan. If you believe that the debt is not enforceable then pursue that avenue to have the debt written off.0 -
ScaredWitless wrote: »I have around £9K of debt with the Halifax.
Comprising of credit card and loan.
At the time of taking out the credits money was not a problem.
Now, I am on sickness benefits, and cannot even make minimum payment.
I have provided the bank a detailed income and expenditure sheet.
I have also provided medical evidence that I cannot work to pay off the debts.
I've asked for the debts to be written off on hardship grounds.
The bank is refusing.
I cannot pay full stop.
The credit agreements provided anyway are unenforceable, I wont go into detail as its lengthy.
The collections department had the cheek to ask me to contact Stepchange.
I said I would NOT be undertaking another debt solution when I had been under an IVA and it had failed because I couldn't keep up the payments.
Any advice please?0 -
If you can't make the minimum payment then you can't make the minimum payment, Halifax can't get blood out of a stone. Suggesting you contact Step Change wasn't cheeky it was actually a pretty good suggestion being that Step Change are a debt charity.
You've got umpteen threads about this Halifax loan. If you believe that the debt is not enforceable then pursue that avenue to have the debt written off.
Thanks.
I don't know how to go down this route, but if Halifax try to take me to court then this will be my line of defence.
Halifax are fully aware the debts are unenforceable, I've made it clear in writing on lots of occassions but they choose to ignore.
Being on sickness benefits is very hard, I only have £110 per week esa, then I get pip at £110 extra per week but this goes on other household bills and health problems.
The defaults are due to come off credit file next year.
I don't see why they can't let it go statue barred TBH.
I've not made any payment in over 2 years since the IVA was cancelled.0 -
Post over on the debt free wanabee boards for further advice.
Think if you had a business and lent someone £9k and the person, just said, I can't pay it, would you be happy to just say, ok no problem, we'll take your word for it, have a lovely day, you don't need to pay us a penny. Of course you wouldn't.
Ultimately, burying your head in the sand and ignoring it, won't help, it'll just drag on and on lead to more stress. Complying and proving you can't pay anything or just a token £1 payment, will lead to less stress and the quicker you do that, will bring the situation under control much sooner.0 -
Post over on the debt free wanabee boards for further advice.
Think if you had a business and lent someone £9k and the person, just said, I can't pay it, would you be happy to just say, ok no problem, we'll take your word for it, have a lovely day, you don't need to pay us a penny. Of course you wouldn't.
Ultimately, burying your head in the sand and ignoring it, won't help, it'll just drag on and on lead to more stress. Complying and proving you can't pay anything or just a token £1 payment, will lead to less stress and the quicker you do that, will bring the situation under control much sooner.
If you had read the post properly, I have provided the bank a detailed income and expenditure sheet.
I have only 94p a month left after paying household bills and healthcare costs.0 -
If you have a low income and owe less than £20k I wonder if a Debt Relief Order is an option. I know you said you don't want another debt solution as you had an IVA previously but a DRO is a different kettle of fish.
https://www.stepchange.org/Howwecanhelpyou/DRODebtrelieforder.aspx
Alternatively you can set up a Debt Management Plan which is an informal agreement between you and your creditors.
https://www.stepchange.org/Howwecanhelpyou/DMPDebtmanagementplan.aspx0 -
Isn't the solution obvious?
Ignore the letters and phone calls from Halifax and their agents for a few more years, then the debts will become statute.
If during that period they apply for a CCJ you simply produce your evidence that the debts are unenforceable.
Presumably Halifax has already stamped nasty things all over your credit reports. Does that matter? You won't ever apply for credit again.0 -
Scared has had it pointed out several times that what she sees as unenforceable the courts are unlikely to. She has been provided with a reconstituted copy of the agreement.
What are you spending £220 a week on Scared? Your husband pays the mortgage, do you have other debts?
For support can I suggest you contact another poster, SPELLKASTER, as they are in an extremely similar situation. Hopefully you can help each other!0
This discussion has been closed.
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