halidebt v Halifax

[halidebt]

Hi there,

 

I went over my credit limit (£350) on my Halifax CC a couple of years ago. The debt has now risen to £1600, purely on charges and interest since April 2004. I've was paying the minimum repayment (£50 per month) but I was paying this late each month - so every month I incurred £25 for overlimit, £25 for late payment, plus interest.

 

I have the following questions I really hope someone can help me with:

 

Do I have to pay off the debt in order to claim the charges back? I'd rather they just cancelled it as this involves less risk (I rang them last week but was dealt with rather rudely - and told they 'don't do settlements')

 

Should I carry on paying the minimum payments (now approx £90 per month) in the meantime? Can I refuse to pay anything as the charges are unlawful or will this get me into more trouble?

 

Thanks!

[kacideans]

hi

 

I'm 99.9% sure you've got a claim here. I've read a lot of threads over the past couple of days and a lot are just like yours. I'd advise you to go FAQs and have a good read because I'm sure your answer is there.

 

The charges are unlawful so I hope you decide to proceed and join the rest of us in reclaiming OUR MONEY!!!!!

[Amanda Taylor]

I have not even wrote to the Halifax about my credit card charges yet but got a refund on my statement for £125 which i never asked for so there is hope.

[poochball]

Hi Halidebt,

 

I am in the exact same situation, had a credit card with Intelligent Finance which is handled by Halifax. My card went over the limit and as a result I had overlimit fees applied, Late payments fees and interest on these fees. This doubled the amount I owed over a two year period before they finally defaulted me.

 

I have sent the letters off even though my debt went to a collection agency. I only feel it fair as they have forced me into further debt like yourself.

 

I would suggest you at least try to get these charges removed as it does hinder your progress in paying off your debt to them.

 

Hope this helps.

[callumsgran]

hi, yes you can claim them all back! personally i would continue with your minimum payments then you will be in credit when you get charges back! also they could default you if you arent quick enough claiming charges back ok?

[jonni2bad]

Hi halidebt - welcome aboard.

 

1) You are certainly entitled to reclaim these charges. The interest added because of those charges is also reclaimable.

 

2) Have you been defaulted?

 

3) If, since the original debt, you have paid back £350 or more, then stop paying, otherwise continue. If you have paid this amount back, let me know. You would simply write to them and clearly state that the amount owed in formally disputed.

 

4) Just to confirm - you don't have to pay off the charges in order to claim for them.

 

Look forward to your responses - best of luck

[halidebt]

Thanks to everyone for your replies. It's great to hear that I'm not alone.

 

Thanks especially jonni2bad for your questions.

 

Hi halidebt - welcome aboard.

 

1) You are certainly entitled to reclaim these charges. The interest added because of those charges is also reclaimable.

 

2) Have you been defaulted?

 

I'm not sure. I certainly haven't received notice if I have. They send me the same standard letter every three months demanding full payment to 'avoid this account being referred to a recovery agent.'

 

3) If, since the original debt, you have paid back £350 or more, then stop paying, otherwise continue. If you have paid this amount back, let me know. You would simply write to them and clearly state that the amount owed in formally disputed.

 

I owed them £400 in April 2004 when I went over my limit of £350. Since then I've made payments of at least £469.35. The charges levied on the account since then are at least £1175 and the interest accrued on the penalties is approx £200 (thanks to Vampiress for the excellent spreadsheet). I am missing four statements over that period so the actual figures are likely to be higher (from the account balances it looks like there's £200 more in charges)

 

4) Just to confirm - you don't have to pay off the charges in order to claim for them.

 

Look forward to your responses - best of luck

 

Thanks again - I was thinking the best way to proceed was to write to the bank requesting that the charges be dropped as they are illegal. I'm unsure whether I would still owe them anything after this however.

[jonni2bad]

You have now paid back into that account more than you originally owed them. Stop these repayments. You will need to write to them and make them aware that the current 'debt' is in dispute and you will be commencing legal action shortly to recover funds - in the mean time any further action by the bank to recover these sums will be vigorously defended. If you need help wording it, let me know.

 

You should also see our templates library and issue a Section 10 notice under separate cover.

 

Separately, you should find out for sure what info they have placed on your credit files. There is a fee of £2 per organisation - Experian is the major one but also check Equifax. I think address details are in the DPA forum, if not I will get them for you.

 

We need to clairfy these points.

[mechs]

Separately, you should find out for sure what info they have placed on your credit files. There is a fee of £2 per organisation - Experian is the major one but also check Equifax. I think address details are in the Data Protection Act forum, if not I will get them for you.

 

We need to clairfy these points.

 

Hope you dont mind Jonni

 

www.experian.co.uk/

 

https://www.econsumer.equifax.co.uk/...rning_credit11

[halidebt]

Thanks for your help.

 

Having looked through the FAQ and other threads it seems that interest is not charged on the fees. So I think that I may still owe them a bit of money (since I owed them about £400 two years ago - I don't mind that since it is genuinely money I spent). I'm going through my statements to work out how much this should be.

 

However, since interest may still be accruing won't Halifax delay as long as possible to increase the interest I owe them?

 

It looks like I was defaulted in January of this year. Is it possible to have the notice removed?

 

Also, there is a 'Repayment Cover' listed on my CC statements. Is this a charge, and if so is it reclaimable?

 

Thanks.

[halidebt]

Hi,

 

Thought I'd start a new thread on this since I can't find the info elsewhere.

 

On my old CC statements, along with the standard (illegal) charges, I'm being hit with 'Repayment Cover.' It seems to be a calculated amount (eg £6.53 varying from month to month.)

 

Does anybody know... what is this? Can I claim it back along with the other fees?

 

Thanks!

[callumsgran]

Hi its an insurance in case you are ill or something like that, covers your payments if you cant pay basically!

[jonni2bad]

However, since interest may still be accruing won't Halifax delay as long as possible to increase the interest I owe them?...

 

No, because they will hold out until court and then have to pay back 8% interest on each charge from the date incurred.

 

It looks like I was defaulted in January of this year. Is it possible to have the notice removed?...

 

How much was the default for?

At that point, how much had you already been charged?

 

Also, there is a 'Repayment Cover' listed on my CC statements. Is this a charge, and if so is it reclaimable?...

 

Afraid not - this is a service element and not covered by the regulations we rely upon.

[thetruth]

Halidebt, you have alot to claim back and are in the same bout as me but mine is far less!

 

How much were you defaulted for in Janurary, please keep us posted with your case as it is interesting.

 

 

Good luck!

 

P.s. When you get your ££££s dnt spend all at once! Lol.8-)

[halidebt]

No, because they will hold out until court and then have to pay back 8% interest on each charge from the date incurred.

 

 

 

How much was the default for?

At that point, how much had you already been charged?.

 

Sorry it was Jan 2005. The default was for £963. I had been charged approx £525.

 

Afraid not - this is a service element and not covered by the regulations we rely upon.

 

Thought not!

 

Thanks.

[halidebt]

Hi its an insurance in case you are ill or something like that, covers your payments if you cant pay basically!

 

Thanks. It seems to rise in proportion to the balance, approx 0.85%

[thewifeandI]

They are usually related to the balance - the more you owe, the more they have to pay out (if they can't find a way of avoiding it)!

[jonni2bad]

...The default was for £963. I had been charged approx £525

 

This is where it gets difficult. The arguement will be along the lines of - if you had not received charges on your account, you would have been £525 better off, but you would still have had a shortfall of £438 on your loan repayments.

 

Whilst not a definitive statement, I think you are going to be hard pushed to say that the charges were fully responsible for your debt.

 

However, what might help is to see a timeline of events and sums involved.

 

April 2004 - when you first went over the limit.....

Actual amount owed v total of charges imposed on account

 

Date of default

Actual amount owed v total of charges imposed on account

 

Most recent position

Actual amount owed v total of charges imposed on account

 

Also, you were not sure initially if a default had been issued. Are you now sure because you have seen your credit records, or for another reason?

 

Did you ever receive notification of the default (a default notice, giving you 28 days to pay)?

[halidebt]

This is where it gets difficult. The arguement will be along the lines of - if you had not received charges on your account, you would have been £525 better off, but you would still have had a shortfall of £438 on your loan repayments.

 

Whilst not a definitive statement, I think you are going to be hard pushed to say that the charges were fully responsible for your debt.

 

Yes that's what I thought.

 

However, what might help is to see a timeline of events and sums involved.

 

April 2004 - when you first went over the limit.....

Actual amount owed v total of charges imposed on account

 

Date of default

Actual amount owed v total of charges imposed on account

 

Most recent position

Actual amount owed v total of charges imposed on account

 

I'm going to send off a Data Protection Act request to get a complete picture, now that I know I have a case.

 

Also, you were not sure initially if a default had been issued. Are you now sure because you have seen your credit records, or for another reason?

 

Did you ever receive notification of the default (a default notice, giving you 28 days to pay)?

 

Yes, I've found the notification of default. That's why I now think it's been issued. My records aren't in particularly good order, so I only found this the other day when setting about putting everything together.

 

Thanks again for your help

[halidebt]

...27th of June. So they have till the 6th of August to comply. Seems like a long time!

[jonni2bad]

It will soon go by - consider it something to look forward to!!

[halidebt]

Received this from HBOS, dated 13th July:

 

------------------------------------------------------------

 

Dear Sir/Madam

 

Completion of Request for a list of transactions and charges

 

I acknowledege your letter requesting specific information on your account with us and confirm that copies of duplicate statements have been ordered and will be sent under separate cover.

 

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

Should oyu have any general aacount queries please contact 24 hour banking on 08457 20 30 40.

 

Details of how you use your data can be foudn on the internet under the Security and Privacy section at www.halifax.co.uk and Bank Of Scotland - Home -. If you would like a copy of registered Data Protection Notification details, this can be found at www.informationcommissioner.gov.uk. Alternatively, please let me know if you would like me to forward a copy of either to you.

 

Yours faithfully,

 

[Printed Signature]

Data Protection Consultant

Business Risk - Retail.

 

--------------------------------------------------------

 

Spelling mistakes mine. Clearly a standard letter but better than I was expecting. Cheque for tenner cashed on Monday.

 

Haven't had the statments yet though! Have heard these are often 'lost in the post.'

 

Just thought I'd keep everyone up to date. Any thoughts?

 

PS Work is progressing on my credit card spreadsheet, will post it when it's done.

[Joh7n]

Hi Halidebt and everyone else out there!

Is there any news on the spreadsheet for calculating Credit card debts?

Sorry I have been offline for ages with all sorts of problems.

I will get back on tonight and let everyone know what is happening when I finally get some peace!

Thanks for everything so far.

Have issued my claim today online for my current account. Will post all the details later when I find my thread!

Substation.

[jonni2bad]

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Also please remember this e-mail address is for spreadsheet requests only, any questions and comments need to be posted on the forum.

[halidebt]

Hi there,

 

Nearly done! On a beta version now, needs testing and instructions writing.

 

How do I post spreadsheets?

 

 

Hi Halidebt and everyone else out there!

Is there any news on the spreadsheet for calculating Credit card debts?

Sorry I have been offline for ages with all sorts of problems.

I will get back on tonight and let everyone know what is happening when I finally get some peace!

Thanks for everything so far.

Have issued my claim today online for my current account. Will post all the details later when I find my thread!

Substation.