Hostile Halifax

[Old Bear]

I wrote to Halifax credit card services telling them that it would be my intention to reclaim some of their unlawful charges that were imposed on my account for exceeding my credit limit.

They sent me a reply saying that as I had previously signed an agreement agreeing to the charges there was nothing that I could do about it.

They did say that because of the OFT ruling their charges would be reduced from August the first.

Therefore it seems to me that they themselves already know their charges were a rip off.

Any suggestions?

[Michael Browne]

Welcome.

How about I suggest you get all your charges back

 

Before you start please have a thorough read of the FAQs (there's a Step by Step guide here too). You may want to print these out so they are always to hand. Then look at other threads in your bank's forum, so as you know what to expect along the way

 

You need to spend 2 or 3 days gradually getting your head round everything. There's a lot to take in, but it's time well spent and will ensure that you succeed in your claim without problems

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank's forum and post your progress and any questions there

Good luck

[PeterG]

Hello - My Hali-facts about the Halifax

Enclosing a cheque for £10 and citing my rights re Data Protection, I wrote to the Halifax for my statements for the last six years and they duly responded 10 days later with all but two.

I am now writing again to reclaim previously charged Late and Overlimit fees which, when cumulative interest (using the CAG calculator) is added, totals just over £1250.00. I have made my interpretation of the April OFT ruling abundantly clear, particular so whereby the OFT state that any default charges so levied should be solely to recoup any expenses actually incurred in advising me of any irregularity over and above the norm and that they should not be a vehicle for profit. As most letters are automated, the cost would be pence not pounds. They would also find it difficult to justify paying a typist £25 to send me a personal letter which I’ve never had anyway. Therefore I have requested payment in full unless they can show that their charges of £20 and £25 were

1 directly and specifically related to their servicing of my account

2. fully and wholly representative of their outlay in administrative costs and

3. incurred necessarily and extraordinarily as a direct result of me either exceeding my credit limit or failing to record a payment by the stipulated due date.

However, here’s something else to dwell on. It would appear that the Halifax themselves also have some difficulty in complying with deadline dates for, in the OFT publication, we find:

Implementation

1.17 …………Credit card issuers are being asked to confirm by 31 May their response to this statement and……… steps to reduce charges should be taken as a matter of exceptional priority

So I ask why, precisely 2 months later, does my 05 June 2006 statement still show no modification to these charges in the Summary box AND more significantly why have they added on 05 June a further £25 Overlimit fee to my account knowing that this is now unlawful. As a result, I have accused them of either being dilatory and grossly inefficient or more so, in my opinion, deliberately flouting the OFT ruling and thus blatantly operating outside the law. Unless an immediate explanation is forthcoming, I will have good reason to lodge a formal complaint to the OFT that under the Consumer Credit Act 1974, contending that the Halifax have failed to comply with their direction of 5 April 2006 and are therefore not 'fit and proper' to hold a consumer credit licence under the 1974 Act. That might ruffle a few feathers.

So check your latest statements! Are you also still being charged unlawfully? Be quite clear that the OFT ruling is retrospective. If you committed a criminal offence six years ago, you are still guilty today - time does not grant you innocence. The fact that you have signed an agreement is no defence. A contract places responsibilities on both parties. They signed it too and the terms of the contract implied that they would conduct themselves lawfully and in a manner which complies with UK law which they have failed to do so it is the Halifax who have reneged on the contract - not you! If anything, you could further argue that you were deceived (ms-led, mis-sold) their product and signed believing in their integrity and that their representations were honourable and bona-fide but now they’ve been exposed by the OFT, we see their true ‘Mission statement’ and that their modus operandi is solely geared to profit, profit, profit and we are the fodder to feed that profit.

 

I’m not pussyfooting around. They have until July 24th to respond and I have made it clear that any partial repayment where the deducted residual balance is unsupported by a detailed breakdown of costs actually incurred, will be automatically rejected and I shall begin a claim against them in the Small Claims Court for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998. I’d love to see them in Court trying to plead their innocence. It would be worth every penny of the £130 or so fee! ButI know they will try every trick in the book to avoid that. Don’t let the banks brow beat you - the law is on your side. Use the internet for help and read the actual legislation. Remember, the one with the best paperwork wins!

Sunday’s Panorama only served to confirm my long-standing belief that Banks quest for profits is simply obscene but I was further appalled at the lack of basic humanity they showed to victims and their protestation of innocence with their ‘more righteous than thou’ attitude, only served to strengthen my resolve for justice.

We are in this fight together!

Best of luck to all readers

PeterG

[Michael Browne]

Hello - My Hali-facts about the Halifax etc etc

 

All very interesting, but you have made 2 posts,both hi-jacking other peoples threads.

 

Please start you own thread in the Halifax forum and post any questions you have there, otherwise we won't be able to follow your progress if it's dotted about all over the forum