Me V Halifax Visa

[pinny24x7]

Hi

 

I am about to embark on my quest for justice against the unfair regime of the Bankers who have been charging me for several years now.

 

First up is Halifax Visa

 

I have recieved my SAR request, a copy of the credit agreement (application form) signed 2002 and statements. I have written under seperate cover for the credit agreement pursuant to a CCA request which is yet to arrive.

 

I am puzzled as to what course of action to take from here onwards...

 

My agreement

 

1. I have been misold PPI

2. Unlawful charges added to the account

3. Agreement is unenforceable as there are no prescribed terms

 

What do I do from here, can I claim back the PPI premiums and the charges and then get the agreement declared unenforceable? I have reached my limit £11k and not in arrears as I keep up with minimum payments.

 

Your advice would be welcomed.

 

Pinny

[pinny24x7]

Hi

 

I have included a schedule of charges and would like guidance as to what I can claim, the cash withdrawl rate is 29.95%.

 

Thanks

 

schedule of charges.doc

[pinny24x7]

Hi just a thought but could someone kindly post up a schedule of their charges which they have actually had paid back, I am struggling to grasp the concept of compound interest and could use a filled in schedule to help gain a better understanding.

 

Thanks

Pinny

[MARKWHEETY]

Hi Pinny

 

A few things....

 

Did you put the x in the PPI box as from this copy it looks like it was typed - if so you didnt have a choice but to take PPI. That might be an avenue for you..... Only a suggestion. (ref Part 1 on your list above)

 

Also this is only an application not an agreement which (clever) DSA team @ halifax send out but not your actual agreement. I got the same the other day but I was lucky as not to have anything in the PPI box but still I got PPI insurance!!! I would wait to see what the CCA brings up before you do anything else with this part. (Ref Part 3 on your list above)

 

Also i would treat it as 3 separate parts and thus 3 complaints. This means 1. the Halifax have to do more work 2. If one area of your negotiations fail initially you can still keep the other parts moving and 3. when it come to going to court (if you have to take it that far) you can lump it all back as one anyway.

 

In regards to your charges Im still investigating that myself so wouldnt be best to answer!

[pinny24x7]

Hi Mark

 

Thanks for your comments, the ppi box was pre ticked and I thought I wouldn't get the credit card without it.

 

Should I start reclaiming the PPI and charges? If so I know what I have been charged in terms of ppi and charges but how do I work out the interest charged on these. I know how to add the compounded interest thereafter.

 

Pinny

[MARKWHEETY]

Hi Pinny

 

You have a great claim for mis-selling!!!!! Pre-ticked means they were deliberately trying to mislead potential customers into the products.

 

I would get your claim in the system for the PPI in regards to the mis-selling asap - and explain you reserve the right to add to the compliant at at a later date and will give them time to respond. Get them to admit they have been stupid then tell them the amount of money you require to rectify the situation. Its seems to work with them because once they admit they are wrong they are trying to get away with paying you less but once they have admitted it or made you an offer they have admitted it!!!

 

You will have enough time to work out how much to charge them but from reading other forums on here you interest rate will have to be around 8% as anymore for it likely to be successful. Look for some PPI calculators on this site they are quite a few!

 

In regards to the credit card charges, treat it as a separate complaint. As said get Halifax working more and also as I found out people in the Halifax dont talk to each other or keep accurate notes so they are more likely to slip up!

 

I am not an expert, and I know this will cost you more money initially sending stuff to the Halifax but I think it also gives the impression you are here for the long run!

 

Let me know if I am talking rubbish or if you need anything else!

[pinny24x7]

Hi Mark

 

I was mis sold the repayments cover definitley, branch guy was pushy also I felt the application would decline without it. I don't even know what it covers me for.

 

I sent off a complaints letter in regards to the mis sold PPI, I want them to acknowledge they mis sold me the cover and then I'll go in for charges+compound+statutory.

 

Also sent a letter and schedule of charges requesting payment of all late payment and over limit fees + compounded interest at 29.95% + 8% statutory.

 

Total claim for ppi and charges comes to approx £3.5k including the interest.

 

I am still waiting on my CCA request, I'm not in a rush for this anyway as I want my claims settled first.

 

Will keep you posted.

[middenmess]

Hi Pinny

 

Will be interested in how you get on and any correspondance that you receive as I'm chasing for return of late fees at the moment from them.

 

Have a look at my thread for ''progress'' so far.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/217048-how-much-youre-aving.html

 

If you read around the forum you will find a number of threads about PPI especially those posted on by pompeyfaith.

 

Opinion is that an agreement with PPI is unenforceable as you will read.

[pinny24x7]

Hi

 

This account was in limbo for a few years passing from dca to dca and now it has re surfaced in the form of a statutory demand from lowells.

 

I reclaimed penalty charges and ppi and payment was sent via cheque rather than set off against the balance.

 

I'm hate going to court I got burnt a couple of times due to lack of courage and sever depression which I now have 2 ccj's for.

 

I really want to fight this.

 

I will be sending off a CCA request to Lowell today, is there anything else I should be doing in the meantime?

 

Regards

Pinny