Halifax Credit Card Hell.....p

[sparky72]

Hi Kanana, sorry no replies at the moment, but after rumaging through old paperwork found original T&C's and they appear to be different from the one received in SAR. Hopefully someone could possibly give us a few pointers, as im am absolutley up the creek without a paddle.

 

sparky72.

[sparky72]

Hi all,

 

decided to really get stuck into this now, been keeping payments all up to date, so no problems there, managed to get some money back through PPI. But no interest just payments i have made, FSO said no complaint to be held up about interest.

 

So sent a letter off pointing out i only have a application form! and that the prescribed T&C's were not included,also offered a F&F of the total amount less what i have been paying. This morning I received a letter saying they cannot trace the reconstituted version of the executed agreement!

See attachment of the lettter received.

 

halifax reply.pdf

 

halifax reply 2.pdf

 

Any ideas which way to turn next? Do i put the account into dispute, will all interest be frozen, payments stop and credit file input be stopped?

 

sparky72.

Edited March 25, 2011 by sparky72
missing attachment.

[baz1986]

Hey Sparky, Just read through all your posts and it seems that the halifax are messing you around good and proper, I would like some advice off you on what i should do with the Halifax, A bit different as i am on a DMP and pay halifax back monthly and they only charge me 1% interest, But still i have put in a claim for my PPI on my loan but needed to know what the correct procedure is regarding my Card protection, I know i had that on my card but how would i claim it back, I am sending Halifax a SAR, Recorded delievery tomorrow requesting all the information they have on me... When they send them do they give you a total you have paid for the card protection? Or do you have statement and have to look through it all?

[sparky72]

Hi all, really looking for some help here if anyone would like to discuss all advice greatfully received.

Okay so after Halifax replying saying they cannot find the reconstituted version of the executed agreement. And that because they are unable to provide the original terms and conditions they will not seek to enforce the agreement ( even though it is only an application) I sent off a letter informing them that the account is now in dispute!

They sent the following,

“I can confirm that this represents the Banks final response and regrettably having considered all aspect of your complaint there is nothing further I can add.

The Halifax will not enter into any further correspondence regarding this matter and as we have been unable to reach a mutual agreement, you could now refer to FOS”

My point is now were do I go from here; I am still paying the monthly payments and have never missed any.

My theory is that because there is no valid agreement then how can Halifax charge interest on something that has not been implemented correctly in the first place!

In the next month I would have paid off the bill completely if it was not for such high interest. So I am thinking once I have paid the payment next month, Halifax would have had the money spent on the card less any interest as there is no agreement!

Does anyone have any experience or what route to take next?

Sparky72

[bezzy0_0]

Hi all, really looking for some help here if anyone would like to discuss all advice greatfully received.

Okay so after Halifax replying saying they cannot find the reconstituted version of the executed agreement. And that because they are unable to provide the original terms and conditions they will not seek to enforce the agreement ( even though it is only an application) I sent off a letter informing them that the account is now in dispute!

They sent the following,

“I can confirm that this represents the Banks final response and regrettably having considered all aspect of your complaint there is nothing further I can add.

The Halifax will not enter into any further correspondence regarding this matter and as we have been unable to reach a mutual agreement, you could now refer to FOS”

My point is now were do I go from here; I am still paying the monthly payments and have never missed any.

My theory is that because there is no valid agreement then how can Halifax charge interest on something that has not been implemented correctly in the first place!

In the next month I would have paid off the bill completely if it was not for such high interest. So I am thinking once I have paid the payment next month, Halifax would have had the money spent on the card less any interest as there is no agreement!

Does anyone have any experience or what route to take next?

Sparky72

 

Any update has to where you are at with the above?

[sparky72]

Hi, well sent another letter saying seems you decided to stop communicating with me then i am now informing you that once the monies that have been paid back that eqauls the card bill, then i will cancel all direct debits, so basically you can go and whistle.

 

sparky72.

[GARY68]

Hi Sparky

just popping in its been a long time,

 

Im a bit confused here and im not up to date with the current situation at the moment with enforcability although i aim to get back in,

 

So on a quick recap,your thread as i stated back in 2009 my situation was similar to yours but you seem to have gone round in a circle and got nowwhere,

 

even confused about the ppi rebate you have recieved for both cards,but i know you have had some success

 

firstly you must decide what you want to do...pay on time every time until you pay the card off and receive a good credit rating for your morgage (which at the moment to get credit has to be exceptional anyway)if you do this like you have, cant you see you arnt getting anywhere,

or

DONT PAY.

Now as you will be aware from reading all my halifax threads and wins this worked for me,

at the moment you are on stale mate,

They have no agreement-because it was changed from a Mastercard to Visa in 2001 as explained in 2009- This they have admitted is unenforcable, so all they can do is for the first few months is send you letters threatening you with court action- They of course wont go any further but will put you under pressure if you let it, but eventualy it will go away and no debt-But your credit rating will get hit, you can of course get the defaults removed but thats another process,

 

you have chosen a diffrent direction and im not sure what you want the Halifax to do,

they have told you they havent got an enforcable agreement and you know they cant enforce this but you continue to pay on time,

 

sorry to be direct but are you expecting Halifax to just send you a letter out to say,

your correct we have had enough money from you and we will call it quits,

what are you trying to achieve?

as long as you are paying i cant see any end to your stale mate

 

again sorry to be so direct but im stuck did you complain to the fos about your ppi payout,

what do you want from this credit card?

I think you have to decide to carry on paying or dont as may get more results and them listening,

 

threaten them with a letter as you have described if they dont sort out then you will with hold payments and put it it DISPUTE- Quickly-

Dont let them control you-you control them

Gary

[douglass]

Hi there

very interested in the post title, BOS have said they wont be renewing the account when the current credit card expires this month, i take it interest will still be paid?

just that M & S card that i also have said last month due to the interest/rates rising we could either agree or if you dindt the account would be closed. this got me thinking if the BOS interest rate went up in the future would it still apply to me account?

any advice appreciated

douglas

[tosh1]

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