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Have started proceedings, so thought I'd pop a post in........
Just sent off my Data Protection Act letter for credit card held with Halifax. Wait to hear a response.
Think I am going to run into some problems as the account was closed around two years ago and since then I have moved house. Have no doubt they will make things difficult for me.
Hi,
I am in a similar situation. My account was closed and defaulted by them in around 2004, and I moved address last year. I seny my SAR on 08/08 and am still waiting for statements, so I wouldn't expect anything too quickly.
Luckily I had my account number so that should have helped, but Halifax seem to be taking their time with the closed accounts (probably just a stalling tactic)
Good luck with it though, remember to be patient, and let us all know how you get on.
Claire
Halifax plc - £1600 WON - received
Halifax plc - £925 WON - received
Halifax plc £370.00 WON - received
Yorkshire Bank - £1290 WON - received for boyfriend
Back to sort out Credit File and get back on track!
Just spotted some missing statements. Will therefore be sending this off tomorrow.....
I wish to acknowledge receipt of statements sent on 06 October 2006, many thanks for this.
I wish to draw to your attention to the fact that the statements you enclosed are dated from 27 July 2001 to 09 May 2005. However, the statement dated 27 July 2001 does not appear to be the very first statement as there is a “brought forward” balance of £xxxx. As the period before this still falls within the 6 years you are required to disclose, I would appreciate it if you could print off the remaining statements – from 27 July 2001 and earlier.
This letter has been sent by first class recorded delivery, and therefore should have reached you by 12 October 2006. This will leave you with 27 days to comply with my request. If you have sent these further statements in the past day, then I apologise for wasting your time. Just to confirm, the mailing sent by you on 06 October 2006 did not include these statements.
Many thanks for your help.
Regards
If my post has been useful, tip my scales and let me know
Have received my extra statements in the post this weekend. No more charges!!! Totted up my charges and am sending this out today.
My request I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to late payments, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you believe that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your actual costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations - that your charges are fair and reasonable - are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require I calculate that you have taken xxxx plus xxxx which you have charged me in interest for the sum which you have taken. Total xxxx. I enclose a schedule of the charges which I am claiming with this letter.
My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yourselves with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Yours faithfully,
If my post has been useful, tip my scales and let me know
I sent my lba letter on 11th October by recorded delivery and have had no response thus far?? They did say in their letter with my statements that they were not refunding any charges, has anyone had any success with Halifax Credit card?
C
20/07/06 - DPL sent
11/08/06 - Chased and faxed DPL letter to Halifax
1 week later received full set of statements (4 yrs)
:o 19/08/06 - Request for £2908.31 letter sent inc interest
:-| 22/08/06 - Standard resp rec'd 5/09/06 - Offer of £236 rec'd (are they avin a laff?)
5/08/06 - Sent LBA
8/09/06 sent letter, will accept as part settlement from Halifax not full etc.
12/09/06 - Rec'd offer of £657 (6 mnths charges as full settlement)
15/09/06 - sent letter will accept as part payment on understanding I will recover the remainder etc... 19/09/06 - Rec'd another offer of £717? No Deal!
25/09/06 - submitted moneyclaim for full amount + court costs 29/09/06 - Halifax settled in full, £3,028.31
23/10/06 - Halifax credit card settled in full
20/1106 - MBNA stettled in full
23/1106 - Halifax cardcash settled in full
The Halifax are not refunding any charges. They are paying the claims of people that believe they have been unlawfully charged. They are also making goodwill offers to account holders in some instances.
It is a stretch of the truth but it's not a lie. It's just another tactic employed by the bank to avoid the possibility that they may be dragged into court and ordered to disclose the true cost of bank charges.
Have you still got the letter. If you can scan it, I'm sure that the moderators and administrators of this site would be very interested in the contents.
As for success with credit cards, thousands of group members have had their charges "refunded". It was credit card charges that actually started this whole recalim thing going.
Blue I would think that was Brans translation of the letter, meaning they were not willing to comply with his request to return the unlawful charges, Bran you need to start your own thread here so we can follow your claim and give you advice accordingly.
Sorry about that, it's just the way I read the post. However, I wouldn't put it past the Halifax, or even any of the banks, to include such a letter with future scheduled statements.
Publicity of this situation is growing fast and it must be causing some banks a fortune (shame ) in "refunded" charges, extra admin costs and extra staffing costs.
I was caught out by a change in policy that was alledgedly sent with a set of statements in 2003. It turned out that the new information wasn't with my statements but sent in a general bulk mailing inviting me to take out a loan. The fact remained that the bank had informed me in line with the Banking Code. I now check every piece of mail sent by the bank very carefully. The letter I received a couple of weeks ago about "special rates of interest" had extra pieces of paper in it. There wasn't anything extra about changes to accounts etc. in this time, but the banks are getting sneaky.
With reference to your recent communication about the fees and charges applied to your account, we regret that you have found cause for complaint.
I am examining your concerns and you wil receive a response from us within four weeks, in line with the Financial Service Authority regulations..........
It carries on, but irrelevant. Now having sent them a prelim, given them 14 days, they've said they're going to take 28. Anyone had this reponse? What do I do? Still send an lba once the 14 days are up?
If my post has been useful, tip my scales and let me know
Blue I would think that was Brans translation of the letter, meaning they were not willing to comply with his request to return the unlawful charges, Bran you need to start your own thread here so we can follow your claim and give you advice accordingly.
T4FF keep us updated
Thank you - I knew that Halifax CC were playing on words and by making that statement in their letter some may not follow through?? Anyhow excuse my computer illiterace, however how do I make a new thread? Anyhow they made an offer in the end. MBNA however refunded £550 (full claim £1200) into my CC account I am continuing and claiming the full amount they have until 7th Nov and I will submit moneyclaim I followed my original request for full settlement with an lba letter asking for the remainder to be paid . Found it strange that they just refunded part of my claim and now have not received any reply. They refunded the part payment when they forwarded my statements. It was from Steve Bailey. I think this one is going to be a moneyclaim thru the courts!!
C
20/07/06 - DPL sent
11/08/06 - Chased and faxed DPL letter to Halifax
1 week later received full set of statements (4 yrs)
:o 19/08/06 - Request for £2908.31 letter sent inc interest
:-| 22/08/06 - Standard resp rec'd 5/09/06 - Offer of £236 rec'd (are they avin a laff?)
5/08/06 - Sent LBA
8/09/06 sent letter, will accept as part settlement from Halifax not full etc.
12/09/06 - Rec'd offer of £657 (6 mnths charges as full settlement)
15/09/06 - sent letter will accept as part payment on understanding I will recover the remainder etc... 19/09/06 - Rec'd another offer of £717? No Deal!
25/09/06 - submitted moneyclaim for full amount + court costs 29/09/06 - Halifax settled in full, £3,028.31
23/10/06 - Halifax credit card settled in full
20/1106 - MBNA stettled in full
23/1106 - Halifax cardcash settled in full
Thankyou for your recent letter and I am sorry you have found cause for complaint.
I am sur eyou will appreciate that like other organisations we incur costs for administering your account for late/unpaid payments or overlimit situations. The Bank believes it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our organisation, penalising all our other customers as a result.
HBOS clearly outlines our charging policy in the terms and conditions that apply to your account. In addition we are committed to complying with the Banking Code, which sets out standards of good banking practice for banks and building societies to follow when dealing with personal customers.
To demostrate our commitment to you as a valued cardholder I am prepared to offer you a refund of charges to the value of £235 plus £63 interest of att the rate of 8% representing half the amount applied to your account. If this is agreeable to you, please sign and return the enclosed acceptance form to allow me to complete the refund to your account..........
.....and so on. Blatantly a generic mailing as I'm pretty sure a card I cancelled two years ago doesn't make me a valued cardholder.
Going to send a response accepting this as part settlement today.
If my post has been useful, tip my scales and let me know
Not updated in a while, the letter for acceptance of part settlement was sent as part of an lba. There is one day on my deadline for the LBA....
Letter sent:
Thank you for your letter of xxxx, I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx. I would also like to draw to your attention that the 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion.
As I have already stated, I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
I would once again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
As previously discussed I calculate that you have taken £xxxx plus £xxxx which you have charged me in interest for the sum which you have taken. Total £xxxx. I enclose a schedule of the charges which I am claiming with this letter. I have already sent you a copy of this in my original letter of xxxx.
I require repayment in full of this money. If you do not comply fully within 14 days, then I shall begin a court claim against you for the full amount, plus the standard 8% APR interest, as well as my costs and without further notice to you.
Yours faithfully
If my post has been useful, tip my scales and let me know
Had a quick thought. Whilst I'm reading up on the ins and outs of filing a claim, thought I would touch base with HBOS, warning them of the impending claim.
Gives me chance to reaffirm my intentions as the fact I've been quiet for a few weeks probably gives them the idea I'm not serious.
I have been away for a few weeks and on my return I have been disappointed to discover no response to my letter dated xxxx. I am disappointed that this matter has not ended with a satisfactory conclusion and will therefore be looking to issue court proceedings shortly.
I would like to inform you that I plan to file my claim on xxxx. This letter has been sent recorded delivery and should therefore reach you by xxxx giving you the opportunity to satisfy my request during the next 7 days.
As previously discussed I calculate that you have taken £xxxx plus £xxxx which you have charged me in interest for the sum which you have taken. Total £xxxx. I have already sent you copies of the Breakdown of these charges in previous letters.
If you do not satisfy my request during this period, or I do not hear any more from you, I shall begin a court claim against you for the full amount, plus the standard 8% APR interest, as well as my costs and without further notice to you.
Yours faithfully
If my post has been useful, tip my scales and let me know
Going to send a letter to HBOS today saying please ignore previous letter as I received a letter in the post yesterday.....
Thank you for you recent communication about the charges levied to your account.
I am sorry to learn that you are unhappy with our initial offer to refund £xxx worth of charges. As we explained previously, the charges applied to your account do recover costs. However, in an attempt to reach a solution to your complaint, I have refunded the total amount of £498.14. A cheque for this amount will be sent under seperate cover.
I trust this now resolves the matter, however should any of your concerns remain unresolved, please refer to the complaint lefleat enclosed with our previous correspondence. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact hte Financial Ombudsman Service for help. If I don't hear from you in the next eight weeks I will close my file.
If my post has been useful, tip my scales and let me know
T4FF vs Halifax Cards
. Wait to hear a response.
Reply With Quote
20/07/06 - DPL sent
5/09/06 - Offer of £236 rec'd (are they avin a laff?)
19/09/06 - Rec'd another offer of £717? No Deal!
29/09/06 - Halifax settled in full, £3,028.31
) in "refunded" charges, extra 
Re: T4FF vs Halifax Cards
Originally Posted by olliebear
