MrShed v Halifax Card Services

[butty_a]

From what you say MrShed I agree with you points, the court system tries to put people back at the status quo. Bit busy for now but I will try to get a clearish example soon on how to work out what your owed as you kept on paying with no or little effect on the balance. As far as the ombudsman is concerned I dont know but if you send another letter wanting the outsatnding money then the issue has not been resovled so the accounts being closed shouldn't affect it. After all the help you have given here I was begining to think you are infallable, I'm sure there will be plenty of offers for help

[butty_a]

hopefully the file attached will explain what I think, I have been trying to upload the bugger for an hour, doesnt like spreadsheets.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=3939&stc=1&d=1222306212

 

 

If not I will try to sort it out by the weekend, butty

Untitled Document2.doc

[butty_a]

I cant get in to your file MrShed, probably me being a biff. What i have tried to do is give two examples of a credit card, one with and one with out PPI. The second one is with PPI, after a certain amount of time just like yours it was paid off, say 6 months, I have tried to show an example of what cost might be involved for that card, you actually heva the real cost in your statements. In the first one I have shown what the cost should have been had PPi not been added. The difference between the two is what you are owed to make the status quo.

 

All you need to do is work out what it should have cost, i.e minimum payment up to the month before the balance was cleared, then add the balance which would have been the final payment to end the debt the same time as the real debt, i.e when you paid it of to close the account.

 

So if you made 10 payments in real life followed by the final payment to close the account, on the ''should have cost'' version you work out ten months of minimum payment (this is what you should have paid) followed by the balance which would clear the debt and put you in the position you should be in. The difference between the two as i say is what you are owed, minus anything they have already paid plus 8%.

 

I know it isn't particularly clear but its the best solution I can think of for working out what your owed.

 

If this is too much, you cant claim legal cost in the CC but can you claim an accountants cost. £200 probably for an even more accurate figure but if you can claim it back stick it in the bill

[butty_a]

Ah I see

 

Well that works to an extent, but what it does ignore is the interest I have had incurred on the wrongful charges - so it actually gives me a bit less than I have calculated otherwise.

 

That will be calculated in to the statments you have from halifax, they are providing you with the actual cost that you have paid including all the different rates of interest that are applicable , i.e more when overdrawn, normal rate when within the credit limit. You just need to know what you should have paid for a comparrison.

 

As for legal pickle, if MrShed won and was awrded the money owed plus the 8% then that I thought would be the status quo, thats the position they would have been in had halifax not taken the PPI. I might be using the term status quo wrong but the courts should decide an outcome on the evidence given and in this case, then put it right by awarding hopefully MrShed, MrShed gets his monewy back and halifax lose the money, with the interest there to re-address halifax's temporary gain and MrSheds temporary loss.

 

Either way there is more than one way to skin a cat and legalpickle (who cleary has more experience than me) has suggested another option which you wasn't sure you could do, this may negate the need for a court appearance but I dont know how the FOS works.