Where can I go from here? ***WON***

[shoesonyourfeet]

Hello

I started a dispute with Halifax over a balance tranfer fee which I'm sure they didn't tell me about. The last correspondence from them was September 2007 advising that they had listened to the call I made and have confirmed that I was advised of the fee on the call.

 

I signed a CCA and transferred a balance when I first got the card - there was no tranfer fee and no interest. I transferred the balance to another card after 6 months so my Halifax card had zero balance for a few months. At the end of the other cards promo rate I called Halifax to see what offers they had on balance transfers and I'm sure they only told me about the 6.9% for the life of the balance and not a 3% transfer fee.

 

I was so annoyed I moved the money and CLOSED THE ACCOUNT.

Have I shot myself in the foot? I was about to go the route of asking for a signed copy of the CCA showing I had agreed to this 3% transfer fee as I know I didn't get anything to sign for the 2nd balance transfer I just received a statement in the 2nd month showing this fee.

I then think I read somewhere that they don't have to send one if the account is closed?

 

Any advice on how I can progress this dispute would be very gratefully received.

Thanks for reading.

[shoesonyourfeet]

Any ideas anyone?

If I've closed the account do they still have to send a copy of the Credit Card Agreement?

Thanks.

[shoesonyourfeet]

Unsure of my position I decided to send a letter requesting a full refund and advising I was prepared to take matters further.

 

They tried to call me but didn't get me so sent a letter advising they would not refund. I called them and they have advised they will pay half back as the original call is no longer available to listen to. I asked if I should have signed something to agree to the transfer and fee etc. but she advised this wasn't necessary.

 

Can anyone offer any advise? Should I accept this or as nothing was signed relating to this transfer do I stand a chance of getting the full amount back if I refer to the Ombudsman?

 

If I'm posting in the wrong place please advise or even if you're not interested please say, it would be nice to get any sort of response!

Thanks

[maroondevo52]

Hi,

 

I'll see if I can get someone to help you.

 

Regards.

 

Scott.

[ScarletPimpernel]

Interesting, and not something I've seen before.

 

It seems fairly clear to me that there ought to be something in writing, even if it's just the small print at the bottom of an advertisement, or on a web page. Looking at Halifax's current offering, there's no obvious mention of a balance transfer fee. Various comparison sites show fees (usually 3%) applicable to some Halifax cards, but one has to wonder why Halifax don't seem willing or able to produce any evidence of such a fee on your account.

 

You're right that there's no obligation for a creditor to provide a copy agreement on a closed account, but you could always send a SAR, which would oblige them to produce everything they have on you, including any agreements.

 

It seems to me that the idea that you needn't sign anything in order for Halifax to charge a fee is patently absurd. You could just as easily tell Halifax that they agreed to pay an 'administration fee' of £500 to you, and although there's no written agreement and you don't have a recording of them agreeing to it on the telephone, there's no need for it and could they please let you have a cheque...

 

That they've agreed to refund part of the fee seems to me a good indication that they know they are on shaky ground.

[shoesonyourfeet]

Thank you for your replies.

 

Another reason they may be offering half the cash back is because they have accepted that they have handled my complaint very badly - it took them 5 months to send a response to my original complaint on the telephone and they were saying inappropriately that all bank charge refunds were on hold due to court case. Maybe this has somethign to do with their offer...

 

Not sure it's necessary to send SAR as I have a copy of the original credit agreement I signed when I first opened the account with a 0% balance transfer offer and I know I haven't signed anything else.

Halifax advised that it wasn't necessary for me to sign anything else in relation to the later transfer with a 3% fee because my original agreement was signed and as long as they make me aware of changes to their T&Cs they don't need me to sign anything else. She went on to say that I would have received something in the post at some point advising of the fee but may have discarded it as junk mail.

 

Surely this can't be correct - can my signature on the original credit agreement be used to confirm agreement with any changes to T&Cs they choose to send in 'junk mail' at a later date?

 

If I don't send SAR, would you suggest going to Ombudsman next?

 

With many thanks for your time on this.

[ScarletPimpernel]

Firstly, a SAR will get you everything they have on you, and this can often be enlightening - I SARd HSBC, for example, and found a note which made clear that they were aware that they'd made an error, but had deliberately lied to me.

 

As far as changing terms is concerned, go through the agreement you have carefully - there may well be a clause concerning changes. Whether such a change, even if permitted by the agreement, is fair, is another matter. There are specific rights attaching to changes and unfair contract terms that will bear further research.

 

I wouldn't hold out too much hope with FOS, incidentally - another flaccid regulator, run by former and failed bankers, that regularly determines that the most bizarrely non-compliant bank behaviour is acceptable.

[shoesonyourfeet]

HOORAY! Ya Beauty!

Sent letter advising if they didn't refund full amount I would be sending a SAR.

Got a call on the day they received letter to advise a cheque is being sent for full amount )

THANK YOU FOR YOUR ADVICE.