Assistance for Irresponsible Lending and Unfair Relationship - Halifax Credit Card

[orfoster]

Hello all,

First posting on this forum.

I've been having significant financial issues in the last year or so, particularly because I discovered my ex-wife had used credit cards that I didn't know I had in my name.

I started a complaint with Halifax which I sent to the CEO on 21 April below -

Does anyone have any comments on this?

I am writing to make a complaint in relation to irresponsible lending regarding my Halifax Credit Card I believe that the below evidences a substantial Unfair Relationship, notwithstanding the other credit cards held with Lloyds Banking Group.



My complaint comprises of a number of areas;

1. Undisclosed secret commission.
2. Irresponsible Lending
3. Failure to pay due regard to Financial Abuse
4. Undisclosed commission.

I believe you have paid a commission to an Intermediary when I applied for credit, this was not disclosed to me at the time and I had no knowledge that this took place on each occasion. This creates unfairness in the agreements entered into with Halifax and I believe constitutes an Unfair Relationship.

1. Irresponsible Lending

Credit card applications were made on 1 December 2014, 1 January 2016 and on 20 August 2019 on these occasions my credit file from this time shows a number of Default markets registered and in addition a number of pay day lenders being utilised showing a level of borrowing that would indicate financial difficulties.


These pay day lenders were used to top up income in order for me to live without suffering financial abuse, along with other credit products like the Halifax credit card.

1. Failure to pay due regard to financial abuse

Further, during a telephone call with Halifax Mortgages on 8 July 2022 I disclosed to Miss Laverty that I had been the victim of Domestic Abuse on a financial nature, I don’t believe this is the first time I’d disclosed this as part of the process as I recall giving consent for another department to contact me about the matter, there was limited probing asked and I am aware the organisation have a duty to protect vulnerable customers, while this was discussed on the call there is nothing within the notes of that call to record what had been disclosed.


Following this call there were no steps taken to pay due regard to me as a customer to support me and I was again the subject to further issues within the relationship causing further financial difficultly.

These allegations of abuse are supported by a report written by my Psychotherapist who I saw regularly from February 2021 until 2023 when the relationship finally ended and I took control of my finances.

I believe that the failure to support me constitutes a further Unfair Relationship and evidence irresponsible lending throughout my relationship with Halifax, it is clear that no action was taken following these disclosures or at the time of application when I believe other disclosures were made.

Outcome sought

The above facts clearly show that the relationship between us is unfair on a number of levels, this can be evidenced by the above facts. As required under the relevant legislation I require that the bank put me back in a position of fairness. The bank has filed a default on my credit file.


I require;

1. All interest and charges in respect of the account are refunded + 8% interest and these are credited to the account and;
2. The remaining balance is written off, given the evidence of a level of substantial unfairness evidenced above.
3. All adverse information held internally and on credit reference agencies is erased and destroyed in relation to this account.
4. A sum of £2,000 compensation is paid in relation to the Default showing on my credit file.

I require a full response to my complaint above within 14 days, therefore responding by 4pm on Monday 6 May 2024, if a response is not provided upholding my complaint I will seek to issue a pre-action notice in line with the Civil Procedure Rules.



I look forward to hearing from you.

[orfoster]

I should say, this debt has been bought by another company - Intrum I think. The balance is £1700.

[Still Waving]

I'm wondering from which forum you got the stuff about secret commissions to intermediaries and unfair relationship?

Other than that, I can't really say anything about a letter already sent.

[Dottir]

You say that your ex had run up credit card debt on cards you didn’t know you had.

How were these applied for?

Did you apply for these under duress?

I think there may be a need for police involvement but that is clearly for you to think about- did your ex forge your signature, apply in your name or force you.

I men I suspect I could apply for a credit card in my partners name as I know bank details etc and hopefully intercept the card when it arrived. I mean I wouldn’t but I could I think. That would be a criminal offence.

Looking at your letter I think they may think chancer and let it go to the FOS who I suspect as a best possible option might be to write off. Just my thoughts

[orfoster]

I'm wondering from which forum you got the stuff about secret commissions to intermediaries and unfair relationship?

Other than that, I can't really say anything about a letter already sent.

Thank you for this. I have just been undertaking an insane amount of research on this issue for some time now as I want to try and get my finances sorted post divorce.

A little about me, I have been on these forums before, I won a major case in the Courts with support of another forum regarding bank charges against Lloyds bank in 2014 which was widely publicised, just a note that it links to the same relationship in that sense.

[orfoster]

You say that your ex had run up credit card debt on cards you didn’t know you had.

How were these applied for?

Did you apply for these under duress?

I think there may be a need for police involvement but that is clearly for you to think about- did your ex forge your signature, apply in your name or force you.

I men I suspect I could apply for a credit card in my partners name as I know bank details etc and hopefully intercept the card when it arrived. I mean I wouldn’t but I could I think. That would be a criminal offence.

Looking at your letter I think they may think chancer and let it go to the FOS who I suspect as a best possible option might be to write off. Just my thoughts

There are two aspects to the abuse element.

1. And I feel a complete mug for it but onwards and forwards - I knew in her past relationships she had fleeced others but I didn't feel that directly for some time, but I was for quite some time paying for all household bills, paying her £400 a month and paying for things she booked in my name like family holidays etc which caused me debt, these are my debts and while I'm trying to resolve them by checking they are valid etc they are mine.

2. There were a number of debts I wasn't aware of until after the relationship had ended and we were divorced, I know I can go to the police over this as its clearly a criminal offence, I did have to involve the police following our split as she was impersonating me online, finding my car and searching it (CCTV), cutting clothes and other things but that didn't come of anything. However, we have two children who we share 50/50 and so I made the conscious decision not to progress this through a criminal route, it would cause her to loose her teaching career and impact our children, our daughter has significant neurodivergence issues and so I don't want to impact them.

What I'm aware of is the issues regarding the debts, I'd told Halifax on two calls that I was suffering with financial abuse and they didn't act, also at the time of applying for the cards there were 2 or 3 defaults on my credit file and pay day loans etc.

I hope that makes sense - mission is to get to a point where I've resolved the debts.

I don't mind issuing Court proceedings and with guidance I'm happy with that.

[Dottir]

Hi

I do understand you not wanting to harm the children but is living for 50% of the time really in their best interests. Also, would you want someone like your ex teaching your children.

This is clearly fraud and while I do not want to judge there seems a pattern of behaviour and yes I know love can be blind. I also know love can turn to irrational hate.

I know that may sound very harsh but i doubt the lenders will do anything without some form of formal involvement.

[orfoster]

Thanks, not harsh at all. You may well be right.
What I really wanted to do was find the strengths in my cases, most of the debts have been sold on, defaulted and some of them were issued while I had Defaults already on my credit file so I was hoping to argue irresponsible lending there.

[Dottir]

I can tell you now that the creditors will claim they did proportionate credit checks BUT do not be put off. So make the complaint about irresponsible lending, particularly reference the fact you had defaults. If they agree great, if not go to the FOS.

https://debtcamel.co.uk/refunds-catalogue-credit-card/

Sara who is debt camel has appeared on BBC radio 4 Moneybox. Now maybe I disagree with some of here ideas but generally good advice.

Personally I would mention the the abuse in your original claim. I am assuming you are a man, now that may be a problem as people still think men are snips snails and puppy dog tails and women are all things nice - complete rot. Some women can make even the worst man look like mother Theresa.

I really feel for you, it is horrible having to fight your ex and even worse having to admit you have been abused.