Halifax Credit Card Hell.....p

[GARY68]

Hi Sparky

I was in the near exact situation with the status (mastercard-visa) balances -limits taken up etc...then when I paid a very large chunk off them they reduced my balance even though I never missed ,what I cant understand is that they have closed your account for no apparent reason, are you sure you havent missed payments,?.

 

personally I followed the cca route as I was in threat of redundancy in march and havent paid them a penny since nov as like you they will have unenforcable agreements ,you may be able to get out of paying yours,be prepared for a lot of reading on the threads to gain experience/knowledge.

Im now in the process of claiming back the ppi with interest,

there are loads of good threads on here,

these are some of mine

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/197657-gary68-halifax-gold.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/196392-default-notice-platnum-legit.html

[GARY68]

Hi Sparky

whats happened here then since last june??

 

firstly hows your credit rating at the moment,are you struggling,did they freeze the interest on the cards when they cancelled them on you?

 

This is my advice,

first i would send a cca request to give yourself the oppertunity to dispute the debt and stop payment,

 

I would also send a sar to find out what they have agreements including any ppi, when you get these scan through for all the charges..+ ppi if you have ppi then your well off, because at the credit limit you have had this would pay the cards off and give you cash back,

my guess is they will not have an agreement worth anything because it will have been changed from a mastercard to visa.

anyway ..1 step at a time.

send cca off

send sar

lets see what they have.

dont forget to record it-dont sign.start a folder and keep everything in date order,

 

and dont leave it so long to get back next time:)

[GARY68]

hi Sparky

this is the one i sent off to the address below

xxxxxxxxxx

xxxxxxxxxxxxxx

xxxxxxxxxx

xxxxxxxxx

xxxxx

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

Data Protection Act 1998 Subject Access Request

xxxx 2009

 

Dear Sir/Madam

 

 

ACCOUNT NUMBERS:

xxxxxxxx and xxxxxxxxxx+ Loan accounts

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers D/xxxxxxx and xxxx xxxxxx xxxxxxx xxxxx +HALIFAX PERSONAL LOANS

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history Credit cards,Loan and ppi with your organisation..

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the credit card and loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreements.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours sincerely

[GARY68]

Hi Sparky

this was to be expected..application form, not enforcable of course

they would have to instigate proceedings to enforce and that would be a none starter, no prescribed terms etc..

 

Did you send off your cca and £1 fee, you need to start the ball rolling and see what else they have, if this is all they have then dispute the debt, My guess is they will send out the t&c and say that they have complied etc..

 

you say you have no charges-oh well

 

Sparky you would be better starting a new thread in the ppi forumn as you would be better adviced from claimers there

you need to look through each statement and write down the ppi you have paid each month with the date, then transfer them on to a spreadsheet using the calculater below.

its been a long time since I did a spreadsheet so others maybe of help better but this is what I did.

add all your ppi payments and dates then transfer each one buy date on the calculator, put the principle sum in ie £6.48 @ 24%(or your apr) =compunded annualy(tick 360 box) =£20.ish

you will have your payment made plus the % charged,this will as you see give a substancial refund.

I tranfered £6.48 +8% Stat.on to a spread sheet...then added the 24% charge after, then put the claim in

Compound interest calculator

[GARY68]

sparky

this may explain better

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/249257-ppi-interest-calculator.html#post2793785

[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

[GARY68]

Hi Sparky

looks fine to me,

 

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

 

Good luck

[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

[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.

[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)

[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