Bathgatebuyer v Halifax Visa PPI

[bathgatebuyer]

Well, decided to look further into the PPI issues I believe I have with the Halifax on a visa card. Using the statements I've received following my Subject Access Request (for charges), I've noted that they have taken just under £1,900 worth of PPI repayments during the life of this card :o On those occasions I was unemployed, guess what? Yes, my claims were rejected.

Anyhow, in April, I sent a recorded delivery CCA request to the Halifax and I've had nothing back despite the '12 working days' now being passed.

What now? Do I refuse to make any repayments on my credit card? (There's a balance of around £1200, with £550 of that being charges I want to claim back - but I've waited to get a copy of the CCA first).

Grateful for any advice as I made a similar request to the Royal Bank on the same date for evidence of my CCA and (although the £1 cheque has been cashed) I've not received anything back from them either!

[hellhasnofury]

Originally Posted by bathgatebuyer

Well, decided to look further into the PPI issues I believe I have with the Halifax on a visa card. Using the statements I've received following my S.A.R - (Subject Access Request) (for charges), I've noted that they have taken just under £1,900 worth of PPI repayments during the life of this card :o On those occasions I was unemployed, guess what? Yes, my claims were rejected.

Anyhow, in April, I sent a recorded delivery CCA request to the Halifax and I've had nothing back despite the '12 working days' now being passed.

What now? Do I refuse to make any repayments on my credit card? (There's a balance of around £1200, with £550 of that being charges I want to claim back - but I've waited to get a copy of the CCA first).

Grateful for any advice as I made a similar request to the Royal Bank on the same date for evidence of my CCA and (although the £1 cheque has been cashed) I've not received anything back from them either!

Hello,

It is truely amazing what you learn and find out when you start to look

I am sure that you are aware that after the 12 working days, they are in default and that after 1 calander month they have commited a criminal offence and need to be reported to ts.

I am not an expert but IMHO If the account is now in dispute you are entitled to refuse to make payments to them, but they may still come up with it at any time and enforce it.

It looks like they will owe you more than you owe them in the end

While you are waiting for the CA why not state reclaiming back the ppi which was sold not fit for the purpose (useless) and the charges that they have taken. I would do these as two separate issues, as it will only confuse them

Good luck with your claims and keep us posted.

[bathgatebuyer]

I think I might just do that! I paid off such a substantial amount of the balance of this card and left an amount which is 'manageable'. I've been successful with my current account claim against the Halifax for charges, and would hope that for £550, they would give in gracefully (that's as opposed to the £3,800 they repaid in current account charges!).

I'll start the reclaim for charges now, and contact them seperately on the PPI front. I've worked out that during the period of the cover, I was in contract work or short-term contracts or ineligible due to length of time with an employer for roughly 75% of the period I was supposedly covered. If anything, I want my premiums back for that time.

[bathgatebuyer]

Just a point to clarify - is it one month after the expiry of the 12 working days or one month after sending the original request for the CCA that they have committed the offence? (I'm getting prepared!)

[reidnet]

Hi Bathgatebuyer,
I think it is 30 Days after the initial 12 days that if they do not produce the agreement they have commited an offence.. I will have a look and double check though.

Ian

[itsmeandonlyme]

Originally Posted by reidnet

Hi Bathgatebuyer,
I think it is 30 Days after the initial 12 days that if they do not produce the agreement they have commited an offence.. I will have a look and double check though.

Ian

U r right Ian, after12 days- they r in default, and 30 more days- offence commitment. I would also send a complaint to local TS and OFT(Consumer Direct).


Regards,


Maria

[reidnet]

Thanks Maria...

Ian

[bathgatebuyer]

I wonder if they will have it as the card was opened over 6 years ago (frightening!) and hopefully this is one of those pieces of paper which they destroy at this time!

Interesting that I've had no reponse from either the Halifax or the Royal Bank (whom I sent a CCA to on the same day).

[hellhasnofury]

Originally Posted by bathgatebuyer

I wonder if they will have it as the card was opened over 6 years ago (frightening!) and hopefully this is one of those pieces of paper which they destroy at this time!

Interesting that I've had no reponse from either the Halifax or the Royal Bank (whom I sent a CCA to on the same day).

Hello,

MMMMmmmmm

How exciting, I do hope its good news for you

[bathgatebuyer]

Imagine that anything over 6 years us destroyed by them when they have their clearout of info??? Hope so. I reckon that they, and I, are about evens now without me needing to give them even more of my money!

[bathgatebuyer]

Received my visa statement and noticed that the £1 cheque I sent them has been put towards the balance of my card.

Is this commonplace or do they not have a clue what they're doing?!

[Todge]

Hi, bathgatebuyer

I am a bit rusty on Insurance/Limitation Act issues, but aren't insurance contracts deemed to be 'contracts under seal', and therefore retained for 12 years, as opposed to the 'regular' 6 year limitation/retention?

I'm not sure if if underwriting notes are kept that long, but CC-PPI doesn't seem to have been underwritten properly in any event? (So it looks like 'No, they don't know what they are doing'?)

I have been trying to find confirmation (or otherwise) of this on the 'net and via a couple of acquaintances who work in insurance. Still not sure.
Anyone with info please post up?

It'll soon be a calendar month since you sent the CCA request (05/06/2007)? Have you sent the PPI S.A.R - (Subject Access Request) off to them as well?

You have 3 simultaneous issues with them 1. CCA, 2. Charges, 3. PPI.

Sounds like it could get messy ... but it seems to be all coming to the boil.

Very best of luck.

T.

[bathgatebuyer]

Thanks for that, Todge!

I haven't specifically asked for a PPI Subject Access Request. I have twice obtained SARs from the Halifax in relation to my former current account and also this Visa account. When the details came back in relation to my Subject Access Request query on the Visa account, there was nothing which included mention of the PPI, other than the payments shown as coming off on the statements I have.

I have asked for my charges back and have received an acknowledgement that they are 'looking into this complaint', but still nothing in respect of the CCA request other than a recognition that the £1 has been put towards the balance of my card!

I've recently been successful in obtaining bak nearly £900 worth of charges on my Smile current account and that would almost clear the balance of this Visa (all bar a few hundred quid), but I'm reluctant to do that while I still haven't seen their evidence as to the PPI I am supposed to have signed up for. At the time I took out this card, I was only 2 months into a permanent job which had a 6 months probationary period on it. As such, the PPI would not have covered me as (I found out to my cost later on) you are required to have been in employment for at least 6 months before it becomes valid. I've changed jobs quite a lot over the years, and so even if I had opted to take out the PPI, I was never told about this '6 month' rule until I applied for unemployment cover with it last year and was told of this.

I'm going to wait until the expiry of the additional 30 day period under the CCA request before moving further on this. Hopefully the Halifax will treat my reclaim of charges respectfully as I've been successful against them in terms of reclaiming nearly £4K on my current account! They must know I mean business! They've also been poor performers in terms of complying with the Data Protection Act having twice sent incorrect information to CRAs in repsct of a default they wrongly administered in respect of the current account.

Should I send off a seperate Subject Access Request for the PPI? Or should I wait for the expiry of the 30 day period in respect of the CCA? Although I'm a bit of an expert in terms of claiming back charges, I'm a newbie at this PPI lark! So would welcome any advice you have.

Interesting that in respect of my CCA requests, I have not heard anything back from any of the organisations I have approached, namely:

1 - RBoS in respect of a Platinum Visa card opened in 2003;
2 - Halifax in respect of a Platinum Visa opened in 2001;
3 - Sainsburys in respect of a Platinum Visa opened in 2003.

The 12 day period has expired for all of these and the 30 days is ticking in respect of all of them. So far, however, not a peep has been heard in relation to these.

[Todge]

S.A.R - (Subject Access Request) for PPI is slightly different - check out Reidnet's posts or the PPI 'stickies' for an example.

It asks for things like underwriting info etc.

Best of luck.

T.

[bathgatebuyer]

Well the 12 + 2 +30 days deadline has came and went for my CCA request with the Halifax (and also with the Royal Bank which was sent on the same day).

Will be sending letters to the relevant authorities now.

Will be delighted if it helps me see the back of this debt.

[bathgatebuyer]

My local Trading Standards Dept are now going to take this matter forward given the breach by the Halifax (and the RBoS) in failing to respond to my CCA request as well as continuing to pursue me and add interest and charges to my account after this failure.

Fun and games.

[bathgatebuyer]

And now also taking forward the matter with Sainsburys VISA too who have also missed the timescale and continue to contact me.