Author Topic: Halifax Debts and not replying to my letters  (Read 12511 times)


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Halifax Debts and not replying to my letters
« on: Jan 29, 2017, 02:41:20 PM »
I took out a Halifax credit card, done online in September 2006.[/font][/size]I have about £3K outstanding.At the time of being accepted for the credit card, Halifax did not ask me for proof of income.Halifax then accepted me for a personal loan, again done online, in December 2011.Again, they did not ask me for proof of income.The loan is outstanding by around £6,400ish.At the time both credits were given to me I was on sickness benefits.I went into an IVA in June 2012, through a company which I learnt had later fiddle my overall level of debt, and paid themselves first before paying debts.To cut a long story short, I did the 3 letters back in 2015, after I cancelled the IVA, and I have some concerns with what the bank provided me with.The credit card agreement is incomplete.It mentions conditions 5, 8.1 and 12.2 but these were never provided.They also did not provide the terms and conditions.The personal loan agreement also has issues.There is an incorrect address, wrong rate of interest, and mostly importantly, the signature box is missing ie it has not been ticked electronically or signed by hand.Its also not a recon as it says "BANK COPY".I wrote to my bank last year explaining that the debts are unenforceable.I also sent them a detailed income and expenditure sheet, showing I am unable to make payments, and asking to write the debts off.To date, the bank has ignored my letter.

Lisa Thomas

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Re: Halifax Debts and not replying to my letters
« Reply #1 on: Jan 30, 2017, 09:13:42 AM »
Was your IVA successfully completed or did it fail?

If it completed successfully then these debts should have been dealt with through the IVA.

If it failed then the creditors are therefore entitled to pursue you.

Whether or not you have a claim that the loans were not lawful is a different matter and I suspect you would need to bring about a claim via the Ombudsman in this regard if they have not replied to your letters.

The costs of the IVA do come before the creditors so it was not unlawful for your IP to draw their costs first - they have priority and both you and the creditors would have agreed to this in the original terms. 01752 786800