Halifax - Debts Sold ?

Roisin92

I started the process with the Halifax to reclaim my bank charges but unfortunately didn't manage to lodge my claim with the County Court before the freeze on claims came in. I am now waiting for the court case in January before I can proceed. I have written to the Halifax to say this.

I have just recently, after waiting for a long time for a list of charges on my credit card, started the same process with the Halifax over my credit card account.

I received a letter from a company about a week ago called CapQuest telling me that the Halifax had sold my debts to them. I have written to them explaining the situation. I received the letter from the Halifax today to tell me that they had sold the debt - typical !

Has anyone else experienced this and does this effect your right to continue claiming bank charges. I feel the Halifax are really hard faced they know I am in dispute with them, don't discuss with me what is happening with my accounts and leave it for me to find out from a strange company what is going on. Should I contact the Financial Ombudsman to clarify my situation ?

cashprincezac

if you were in debt they have the right to do this, to be honest its fair

Gale_10

CAUTION CAUTION CAUTION!

Capquest are a truly dreadful company, please put the name in forum search and you will see. If the debt is in dispute Halifax should not have sold it, write to the financial ombudsmen asap, explaining situation. Post on debt-free wannabe for more advice! And be extremely careful capquest are bullies of the highest order. Tell them you will only deal with them in writing, they are prone to pestering phone calls.

Gale

Smasher

Send this letter to the debt collectors if the deb is made up of penalty charges..

YOUR NAME

<o></o>DATE

<o></o>Dear Sir/Madam
<o></o>I am writing in response to your letter dated XX/XX/XX, a copy of which is attached.
<o></o>I would advise you that it is in your best interest to take no further action in relation to the alleged debt that [YOUR BANK] has contracted you to recover from me.
I do not acknowledge any debt to [YOUR BANK'S NAME] Bank.<o></o>
<o></o>
The “debt” that you are attempting to recover has accrued solely from unlawful & unenforceable penalty charges imposed on my account by [YOUR BANK].<o></o>
<o></o>I have now begun a legal dispute with [YOUR BANK] in relation to this matter.
<o></o>
I request that you do not contact me again about this matter. I would like to remind you that any threats of legal action or demands for money for a debt that is in dispute would be a breach of the protection from harassment act 1997 and will result in legal action being brought against your organisation for the same.
<o>
</o> I will also take this opportunity to inform you that should you wish to begin legal action in respect of this matter, I will issue a counter claim for monies owed to me by [YOUR BANK], plus interest & damages. I will also apply to the court to order that whoever should bring such action against myself be listed as a vexatious litigant. I am confident that I would succeed in such action.
<o></o><o></o>
Yours sincerely

Gale_10

I have taken the liberty of copying this from another thread as it might prove helpful.

<hr style="color: rgb(102, 0, 0);" size="1"> <!-- / icon and title --> <!-- message --> Quote:
<table _base_target="_self" border="0" cellpadding="4" cellspacing="0" width="100%"> <tbody _base_target="_self"><tr _base_target="_self"> <td class="alt2" style="border: 1px inset ;" _base_target="_self"> Originally Posted by Grovers
Well, if I was being honest with myself I can't afford £120pm.

I'll sit down soon, and work EVERYTHING in and out. Though the "In" isn't going to increase, unless I sell some stuff on eBay.
</td> </tr> </tbody></table>
Stop sending anything to CrapQuest!

send them the CCA request letter before you make any more payments!

they are absolutely terrible - they have no paperwork for any of the debts they collect and don’t seem to care about the law…no paper work = unenforceable debt! (I’m not necessarily saying if this is the case and you know the debt is real that you shouldn’t pay it – just don’t pay them!) - they also use solicitors headed paper and send there own letters out on them to scare you - they have NEVER taken anyone to court (probably as they wouldn’t have the correct documents!)

the template for the CCA request can be found on here, add a line to say that your no longer accepting liability for the debt (they will try and say your payments are acceptance of it – this is not the case):

http://www.consumeractiongroup.co.uk...templates.html - you want template 'N'

if you look up my username you can read my story there to with a quick search - also look here for excellent proof this company suck:

http://www.grumbletext.co.uk/vt.php?...light=capquest

this is a HUGE thread and it read backwards (last page being first etc) I suggest picking it up anywhere to get an idea - I’m also down on there as is many eg's of the letters and threats I have had!

once they don’t send you the documents you request - I have another template to stop them contacting you by phone and only write - then if you calculate the total you have paid them you can claim them back via the small claims court for around £120 cost (that you will get back)

but this is getting ahead of ourselves - send the CCA request with £1 fee and wait...I’d be very surprised if out of the 100's that have requested it your turns up.

I'm at the stage of calculating hoe much the have 'taken' off me at the moment - then I will sue their !!!!s!

P.S hello - this is my first thread...I’ve no doubt I’ll now go and read the t&c and find out I cant post links etc lol.

Good Luck!

J






I am wondering why Halifax have chosen capquest - did you get into this credit card by applying online? Because I bet Halifax dont have the correct paperwork thats why they have handed it on to chancers like capquest! Use the link, sebd a template letter and ask for a letter of assignment and cca. If you dont get one they have defaulted and you dont have to pay. If they don't reply in 30 days then they commit a criminal act.

Gale

Roisin92

I fully except that I have a debt with the Halifax and once I have resolved the situation of unfair charges with them I will use some of the money I hope to receive from them to clear the remaining balances closing my association with them for good !

Thank you Gale_10 for all the information I will have a good read and then take it from there. I think I probably need to write to the Halifax to ask them what they think they are playing at as I knew nothing until I received the letter from CapQuest and also the Financial Ombudsman to ask them to clarify the situation.:mad:

KJTN33

I have just been in court this morning and the case was stayed until September 2008. Halifax however sold on the £700 they say is outstanding to a different company. I called the company and told them I was in court today and that the charge they have sold on is part of the claim as it was the charges that caused this. I have let them know what has happened and will have to wait and see what the collections company make of this.

But in all honesty, I would not bother going to court now, they probably will stay the case and the Judge thought it was laughable to the advice I have been given through the websites and advised that to get a professional if you are going to court that understands the legalities of it all. It was embarrassing and degrading today although the Judge was very sympathetic towards me and event he Bank of Scotland (Halifax) barrister helped me out! Its of course up to you, but only the really extreme situations will get anywhere and mine was a genuine hardship case.

If you want to know more about what happened let me know.

Katherine

Roisin92

Hi Katherine, I appreciate what you are saying. My confusion is if I am in dispute with the Halifax how can they sell on my debt without discussing it with me is there not some sort of breach of data or legal law there and how does this affect my rights to reclaim the charges using the County Court. Obviously, I will have to wait until after the Test Case in January for my bank account, but that does not affect my credit card. If the Halifax come back and say no to my claim for my credit card can I still take them to Court ? I would be really interested to find out more about your situation and what happened. I am writing to the Halifax today and also the Financial Ombudsman to ask them to clarify the situation.