Halifax Credit Card Hell.....p

[sparky72]

Hi all,

 

Quick update as to where i am at the moment, sent off two SAR's for both halifax credit cards on 12th Feb 2010, received first on 27th Feb2010, this included a Visa apllication form with my signature on it. See case1.pdf document in previous post. No problems there.

 

Received second SAR request today 11th March 2010, and low and behold no aggreement or apllication form enclosed.

 

One thing i did notice is that i have been paying repayment insurance on both cards since they were started in 2001 ish. I never take any useless repayment insurance/cover for anything i have ever taken out, loans ext. You can see on the previous post the PDF document that Halifax card protection has already been ticked in the box by halifax!!!!!!

 

Maybe the chances are they dont have anything for CASE2:wink: even if they do which is highly unlickly because cards changed from Visa originally to Mastercard.

 

I dont want to start another thread for reclaiming PPI/Card protection so am i correct to say for reclaiming then i do the following,

 

1. Put date of repayment insurance into the compound interest calculator, Compound interest calculator. do i use compound annually and tick 360 day check box? Also in my interest rate,do i put the cash interest rate(24.4%) or purchase interest rate(18.9%)?

 

next i take this figure and put it inot the simple interest calculator, simple interest calculator - Blake Lapthorn - Southampton, Oxford, London, Portsmouth, Winchester

The interest rate for this is statatory 8%.:grin:

 

after doing this i have arrived at a figure of just under £4k. What letter would i send for reclaiming these unlawfull charges?

 

I am thinking it would be best to chase these charges first before hitting them with an CCA reqeust. Then the balances would be reduced in case anything binding comes back.

 

thanks for taking time to read.

 

Sparky72

[freethemice]

In a simular situation but been taken to court for the 14k debt. Strange thing is it is Bank of Scotland registered in Scotland on the claim form.

I am thinking when this was migrated to Mastercard they switched the debt to their seperate company.7

Bank of Scotland and Halifax are part of the Hbos group but as far as I am aware they operate as 2 seperate companies so this would be assignment of debt rather than migration.

Important terms did change as well namely since the migration I am paying 2.25% of the balance each month rather than the 2% they charged before. Also whatever happened to the cashback I used to receave. I know it was only 1% but have seen no sign of it since.

http://www.consumeractiongroup.co.uk/forum/legal-issues/251664-g-bank-scotland-scm.html#post2825929

History:

In 2001 Bank of Scotland merged with the Halifax to form HBOS plc.

On 19 January 2009, HBOS plc was acquired by Lloyds TSB and the new entity was named Lloyds Banking Group plc. The acquisition created the largest retail bank in the UK.

Edited March 15, 2010 by freethemice

[GARY68]

Hi Sparky

you can send out seperate letters at the same time ,

I claimed back my charges then went in for the ppi, my account was in the same situation as yours and was originaly a mastercard with a similar limit to yours, if you have charges then claim them back using the same spread sheet , it will do the calculations for you, -leave off the 8% at first.

 

If you had a mastercard then on the statements it will be shown to change to a different account number..

on the ppi (usually a screenshot it will be know as springboard, this I think is when the insurance was changed over to the other card) put the number in the letter below.

I claimed back my ppi for only the reasons below and dont forget on most of the application forms this was a printed tick. 1 letter was a result-dont forget to include your spread sheet.

 

below is the only letter I sent off for my ppi

 

 

 

 

HBOS PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

DATE xx/xx/xxxx

 

 

Dear Sir/Madam,

 

Re: Halifax credit card Re: mastercard no/visa card no

(Payment Protection No RIN1xxxxxxxx)

 

The Payment Protection Plan Insurance was attached to the above Halifax account on the xx/xx/2002 I was not made aware that this was optional and I cannot remember ever agreeing to have it attached to the account, to which I now see as a ticked box.

 

After viewing the subject to access statements supplied to me on the xx/xx 2010 , I believe that I was mis-sold Payment Protection Plan for the reasons stated below, and wish you to investigate my complaint according to your complaint procedures.

 

At the time the ppi was applied to the Halifax card I have never received any policy documents, or a copy of the terms and conditions. Furthermore the policy exclusions were not explained to me either before or at the time the card was issued. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

Your advisor at the point of sale has obviously failed to apply the appropriate duty of care to me as a customer in this instance.

 

It was not explained to me that the policy premium would be added to the monthly statements and that my debt would increase as the premium would attract monthly interest.

 

As I now know it was not mandatory I wish to cancel this policy, I am now of the opinion, after researching the mis selling of Payment Protection Insurance, that I am entitled to claim back the premiums paid plus the interest applied to those premiums.

If my compliant is upheld I will require a refund of all premiums paid on the policy, plus the additional interest charged to me because of the PPP. I will also require the statutory interest at 8% in view of the fact that I have been deprived of the use of this money. (spreadsheet enclosed)

Please now investigate my complaint within the eight weeks allowed to you. Please also confirm in writing acknowledgement to this letter.

 

Yours sincerely,

[GARY68]

send this for each card, I would give it a couple of days in between for both,

dont ask me why..I just would:D

dont forget....everything recorded and in its own file, always keep a trail for each and it keeps you upto date too.

[GARY68]

Sparky

just looking back over my letters, I have an interesting letter for later on,

regarding my charges and default removal which worked for me, basicaly as they didnt have the agreement and it was disputed, I never paid this in 9 months and claimed back the ppi which was around £6000, the card was dropped down to a limit of £2000 , they paid me £4000:D and the rest they paid off the card....then I sent a letter telling them to take the default off and claimed £360 in charges and/or compensation...they did both and my credit history was cleared off the registers 00000000000000,

saying that the default was b****cks.This was part of the letter.

 

This account was in dispute and you have sent me an invalid default notice and registered this against my file, this has caused me considerable damage and I now require you to inform all the credit reference agencies to remove such data.

If I do not hear back from you in the next 14 days then I will begin court action for the data removal in respect of the section10 notice served and will seek the charges back from the account which are £360. Plus compensation for defamation.

I trust this clarifies my position

[sparky72]

HI, thanks for all your help so far, i am sort of trying to get the balance down in case they have concrete evidence of my CCA's,

 

so done a spreadsheet with the following on:

 

Repayment Date--PPI amount--interest rate--compound interest--charge+Interest--8% stat--Total

 

 

 

 

This has been printed off with the following letter,

 

HBOS PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

 

Dear Sir/Madam,

Re: Halifax credit card

 

The Payment Protection Plan Insurance (Halifax card protection) was attached to the above Halifax account on the xx/xx/xxxx via a telephone conversation, I was not made aware that this was optional and I cannot remember ever agreeing to have it attached to the account, to which I now see as a ticked box on an application form.

After viewing the subject to access statements supplied to me on the 27/02/2010 , I believe that I was miss-sold Payment Protection Plan for the reasons stated below, and wish you to investigate my complaint according to your complaint procedures.

At the time the ppi was applied to the Halifax card I have never received any policy documents, or a copy of the terms and conditions. Furthermore the policy exclusions were not explained to me either before or at the time the card was issued. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

Your advisor at the point of sale has obviously failed to apply the appropriate duty of care to me as a customer in this instance.

It was not explained to me that the policy premium would be added to the monthly statements and that my debt would increase as the premium would attract monthly compounded interest.

As I now know it was not mandatory have cancelled this policy, I am now of the opinion, after researching the miss selling of Payment Protection Insurance (Halifax card protection), that I am entitled to claim back the premiums paid plus the interest applied to those premiums.

If my compliant is upheld I will require a refund of all premiums paid on the policy, plus the additional interest charged to me because of the PPP. I will also require the statutory interest at 8% in view of the fact that I have been deprived of the use of this money. (Spread sheet enclosed)

 

Please now investigate my complaint within the eight weeks allowed to you. Please also confirm in writing acknowledgement to this letter.

Am i on the right lines here guys,

sparky72

Edited March 17, 2010 by sparky72
mistake

[GARY68]

Hi Sparky

looks fine to me,

 

I would include the account no's and ppi ref no also.

 

Good luck

[sparky72]

Hi Gary68, have done, but removed obviously for posting.

[sparky72]

Hi all, need some advice here please:confused:. Just received a letter from Halifax about PPi reclaim, sent off spread sheet from total sum with compound interest and statutory interest what amounted to £3k:D, received a letter from a nigel mckinstrey, customer relations manager!

This basically says they will contact me with the amount shortly, Now just looked at online banking and found they have credited £986.00 back onto credit card but the balance has not come down.

CBR 000000 986.09

APR refund -£22.68

Premium refund £963.41

So I am not sure what to do next, I was expecting £3k refunded according to online calculators! Any advice would be gratefully received.;-)

Cheers

Sparky72.

[GARY68]

Hi Sparky,

sometimes when they pay it back online, it doesnt always come off straight away, in my case I checked and it only told me what they had payed back and then later when they sent me the cheque, they actually paid me more, this included paying the card off and giving me the extra in cash,

example £6000 (£2000 of the card in redress and sent me a cheque for £4000).

maybe they have paid the redress on the card and you will recieve the over amount back,

It could be they are still calculating this and you have jumped the gun by looking at it online first without them completeing the redress.Hopefully.

or you havent calculated the amount back correctly,

 

either way I would sit tight and wait for the confirmation letter and this will be a couple of more weeks I think.

good luck with it.

Gaz

[sparky72]

Hi gary68, thanks for the quick reply, maybe i am jumping the gun, just was a little peeved when i checked online, after having high hopes from letter. pretty sure spreadsheet was correct, these go back to 2001, have a quick look, i used the online calculators supplied via this forum.

 

compound interst calculations.pdf

 

cheers

 

sparky72

[GARY68]

Cant see anything wrong with your calculations, but it has been a while since i threw one together, again it seems ok to me,

does it sound like they have paid off the balance and the £900+ is left over too you?

It is best to see what happens when they show there calculation, you could always threaten with the fos if your not happy with the result.

[sparky72]

Hey all,

Received a cheque this morning for all the PPi charges over the last ten years:), but nothing about compound interest or statutory eight percent interest either:-?. seems the cheque has come from a angela taylor, senior manager, customer services. Called the customer relations manager and informed him that received cheque, and what happened to the rest and he told me that the redress team will be in touch, but is this cheque from the redress team????? a little confused now.

Does anybody know if this is normal and they will calculate the interests? Hopefully they will forward me the rest soon, fingers crossed.

Cheers

Sparky72

[GARY68]

Hi Sparky

congrats on recieving a cheque:D

 

as explained this happened to me..cheque first, then a couple of days later a letter explaining that the cash was mine and they had taken the redress off the credit card, in my case that cleared it, and im only assuming now that they have cleared your card too, does that sound like the diffrence with the account balance to you?

I know there is nothing we can do but complain about the redress, but I think they can do this, as long as what they pay back includes the interest theyve taken.

 

so you should know in a couple of days..hopefully great news,

Well done so far, Im sure your in a better position now than you was 3 months ago before starting to fight back;)

[GARY68]

Sparky

is this rebate from your classic or plattinum card,

you do have 2 claims going I take it? (ppi on both)

[sparky72]

Gary68, this is from my platinum card, with a balance of just under £9k, so its highly unlickly it will pay the debt off. As for other just about to post this one as didn't want two going to them at the same time. Method in the madness.

 

sparky72

[sparky72]

Hi, Halifax have kicked me in the teeth this morning:eek:, received a cheque for just £1k, but calculation from compound interest and statatory interest not included, seems they have just given me back exactly what i have paid them over the years!!!!!

 

see attached letter received this morning

 

 

 

 

any ideas what step to take next

 

cheers

 

sparky72:(

Edited April 9, 2010 by sparky72

[Dotty50]

Sparky,

 

Your complaint reference is still on the letter!

 

I am confused (doesn't take much!) you have had a credit back to the card of £989 and a cheque direct to you for £1000.00. Is that correct?

 

Halifax write very confusing letters, I have lots of them and they never address the questions asked.

[sparky72]

Hi Dotty, thanks for that removed it until i can get new scan up. The answer to your question is no, i received a cheque for 986.00 and that is it. no compound interest added no simple interest whatsoever. this was on a letter received

 

CBR 000000 986.09

APR refund -£22.68 (dont know where this has come from)

so they have taken one from another to arrive at this figure

Premium refund £963.41, this is the sum on cheque sent to me.

So just to sum up Full refund given on premiums paid over last ten years.

No compound interest added whatsoever

No simple interest added.

Now to me, they have refunded my premiums but there is outstanding another £2k owing, now call me stupid but aren't the charges refunded supposed to put you in a position before the illegally taken charges were taken out!!!!!

So i have had £986 pound back but the compound interest added to my card is still there from the premium accumilating a bigger debt each month:mad:.

I have put this letter together to complain, see what you think please,

Dear Mr Woods

I refer to your letter dated 2nd April 2010 regarding my reimbursement of a “mis-sold” and illegally added payment protection insurance on both the above Halifax credit cards.

I have carefully looked at all the data available to me via a subject access request, and forwarded you previously a spread sheet of all the charges applied unlawfully.

Upon receiving your letter about your calculation I am somewhat surprised.

Refund of premiums to date =£986.41 this is the total payments you have unlawfully taken from me since 2001.

You have not included any compound interest repayment that has increased my overall credit limit over the ten years when the account has not been settled during that particular month.

Also I am sure you are aware that statutory 8% simple interest per year, yet your calculations indicate this is £0.00?

Let me break it down for you according to my calculation. All from September 2001

Total premium refund due £963.41 received.

Calculated to 16th March 2010 Compound interest charged, plus statutory simple 8% =£3068.31

Refund less above £3068.31 - £963.41 = £2104.90.This should come off the debt on the card as it would put me in a position before it was added.

If you do not redress this situation then I will have no alternative but to contact the financial ombudsman service.

Thanks for taking time to read and help all

sparky1972;)

[Dotty50]

Gary68 is the expert with the Halifax, I am sure he will be back.

 

I would certainly be questioning their calculations, if they are paying you something then they are admitting error IMO so should be paying more!

 

There is a letter in the library rejecting PPI refund offers made, which may be suitable with a little tweaking but wait for others to come along to advise

[sparky72]

Hi all

 

Okay, so now have applied to halifax for signed agreements!!!! Low and behold they found my originals !!!!!!!! and for each card, see following PDF's. If anyone take a look and check the possibility of these being un-enforcable agreements.

 

1st covering letter

 

pdf1a.pdf

 

2nd covering letter

 

pdf6a.pdf

 

Agreement

 

pdf8a.pdf

 

agreement

 

case1.pdf

 

[

 

In these pdf's there are two covering letters and two credit agreements. If someone could take a look and clarify for me i would be grateful. Not sure what route to take next:confused::confused:.

 

Although already have a case into FOS about claiming PPI back and not receiving correct amount:D but have to wait and see because huge amount of complaints at the moment.i wonder why????????????

 

cheers

 

sparky72.

[sparky72]

Can someone take a look at my previous input, and give us some idea? rather confused now!

[Dotty50]

Hi Sparky,

 

Not many around, it seems everyone's busy discussing the new CAG format!

 

Had a quick look at the documents for you, where are the Terms & condition they refer to in their letter?

 

Both documents appear to be application forms but without seeing the T & C's, then it is not possible to make a judgement on enforceability, as it does state that they would have been issued in the pack (case 1 (2)) at the time.

 

You have had a refund of some PPI, if I remember rightly but they are now writing to say you didn't have it!

[sparky72]

Hi guys, sort of stuck at a cross roads now on what direction to take! Quick recap,

2 halifax visa card taking out 2000 and 2001, both have balances about £7500, one of the cards

was with Halifax card protection, done all the sums and applied for this back with compound and statutory interest, received only payments made for every month, no compound interest or statutory interest received whatsoever.

 

Second card had a sentinel card protection what amounted to a set payment every month of £15, Halifax say this was not PPI therefore not entitled to it. Been in touch with FOS and still awaiting their outcome. Basically they owe me about £4000.00 over both card with compound and statutory interest added, but received a cheque for £995.00

 

If you can take a look at my agreements I received after an SAR request on both cards, I was very surprised to receive these. If anyone can take a look and point me in the right direction.

 

case1.pdf

 

pdf8a.pdf

 

 

I have been paying these cards now for three years and have never missed a payment at during the life of the cards. Reckoning up this over the last three years payments I have paid in interest £7000.00, and on the other £6000.00. I don’t want to miss any payments and receive defaults on my credit rating as hopefully going for a mortgage early next year. I am thinking of making them an offer of the remaining less what I have paid to see if there is any chance to clear these amicably. The debts would be paid off less all the payments already made. I suppose it all depends on my agreement enforceability.

Thanks for taking time read.

[kanana]

Sparky72,

 

Has someone responded to thread since this one? I seem to be in the similar situation to yours and I do not kow which way to go as I read different responses on this forum. Hope someone will respond. All the best.

 

Kanana