Account Closure

[kanana]

Can someone please tell me if this agreement is enforceable. Background information. Had a Credit Card with a bank, but was closed sometime in August this year and advised to continue paying balance which meant paying interest only and have been paying minimum requirement. Sent for SAR and CCA. Have now received statement and agreement.

 

Would be grateful for advice.

 

[Undercover-Elsa]

Hi Kanana,

Unfortunately the images are much too small to read. Try and redo them to the original size.

 

Kind regards,

 

Elsa

[kanana]

Hi Kanana,

Unfortunately the images are much too small to read. Try and redo them to the original size.

 

Kind regards,

 

Elsa

Try to enlarge this Elsa. Hope it will work this time.

 

Thanks, Kanana

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

dx

[kanana]

Hello there,

 

Hope it will work this time. I need to write to the bank before 19th and advise them that the account is in dispute.

 

Thanks for the advice.

 

Kanana

[dx100uk]

i have removed your attachments as you can see the details through the pen used and you have left various numbers and codes which can id you

 

dx

siteteam

[kanana]

i have removed your attachments as you can see the details through the pen used and you have left various numbers and codes which can id you

 

dx

siteteam

 

Dear all

 

Sorry for the delay. Please find now attached a letter and agreement from Halifax. I did send them a dispute account letter after I received their response. I will post their response later. I want to know whether these documents holds water in terms of an enforceable CCA.

 

Thank you.

 

Kanana

scanned images 009.pdf

scanned images 008.pdf

scanned_images_007.pdf

[dx100uk]

there is nothing much wrong with those

barring its an application form , but it has i think what it needs

 

you say the a/c was closed

 

how did this happen and why

 

dx

[kanana]

Thanks dx100uk

 

The letter just stated that 'since your card is to expire, you will not be abe to use it after the exprity date shown on front of the card). Normally we would send you a new cared before your current one expires. However, after reviewing your credit card account we have decided not to send you a new card and close your accout when your current card expires. You will not be able to open your account again once we have closed it.' Then they apologise for inconvenience caused and asked me to destroy the card due to security reasons and advised to cancel any regular payments. 'If you still owe money on your card, you must continue to make monthly payments until your balance is zero.' This was written on 27th July, 2010.

 

Thank you.

 

there is nothing much wrong with those

barring its an application form , but it has i think what it needs

 

you say the a/c was closed

 

how did this happen and why

 

dx

[dx100uk]

then they have terminated your a/c unlawfully IMHO.

 

i bet you have heeps of unlawful over limit fees/late payment fees and mis-sold PPI you can now reclaim too

 

dx

[kanana]

then they have terminated your a/c unlawfully IMHO.

 

i bet you have heeps of unlawful over limit fees/late payment fees and mis-sold PPI you can now reclaim too

 

dx

 

Thanks dx. What is my next step and what does IMHO mean? My understanding was that the so called agreement was an application form for a Credit card. There is about £300 pounds in over limit fees and I am not sure sure about the PPI. When I put the account in dispute they sent me two sets of Credit agreements, one from Halifax and one from Bank of Scotland with the first page specifying my name and address and the bank agreement. I am also attaching the letter from Halifax and wonder my next move will be before they send a default.

scanned images 011.pdf

scanned images 010.pdf

scanned images 014.pdf

scanned images 012.pdf

[dx100uk]

dont think you can wriggle out of it

poss send a hardship letter asking them to freeze the intererst?

 

i'd get reclaiming too

 

you can get all those unlawful charges back + int at their rate!

 

dx

[kanana]

Wonder whether someone can direct me in the right direction. I put my account in dispute and stopped paying. I just noticed that Halifax has taken out money from my account as cash after bombarding me with phonecalls which I did not respond to. This is quite vexing. It looks like we are at their mercy and they can do whatever they want. I need to pay what I think I can manage and not what they think suits them. I know I have no alternative, but just thought I could vent out my anger here. Anyone with a suggestion?

 

Thanks.

 

Kanana

[dx100uk]

if your cc is with the same co as your bank a/c, they are doing this under the offset rules

 

get another banl a/c with someone not in the same group quick and get your wages paid there.

 

dx

[kanana]

if your cc is with the same co as your bank a/c, they are doing this under the offset rules

 

get another banl a/c with someone not in the same group quick and get your wages paid there.

 

dx

Dear all,

 

A quick update, I wrote Halifax a hardship letter and also told them that I could only pay £60.00 per month. They wrote back agreeing to my suggestion and that they will review the case in six months time. They stated that charges will be at a reduced rate of 0% p.a. Hopefully they will stick to it.

 

I also claimed bank charges, but they told me that the charges are in excess of 6 years. They also stated that they will not refund the £12 charge but only the difference because the OFT stated that they would not take further action where charges were set at £12 or below and they feel justifed to make those charges in order to meet their costs. They also state that if I am not happy I could contact the Financial Ombudsman whom I understand do not work in the interest of consumers.

 

Any advice on this?

 

Thank you.

 

Kanana

[maroondevo52]

Hi,

 

Credit Card fees over 6 years old are re-claimable, The limitation act 1980 is quite clear ( see section 32 ) that in cases of fraud, deliberate concealment or the consequences of a mistake the period of limitation does not begin to run until the Claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. Claimant's could not have been in the slightest bit aware that charges applied to their credit card accounts were either unlawful or unfair prior to the OFT publishing their report into credit card charges on April 5th 2006.

 

Basically, until that time any Claimant could not reasonably have been expected to have discovered the credit card companies deliberate concealment etc.

Claimants would therefore be fully justified in arguing that the period of limitation did not commence on this matter until April 2006, so you may argue that you have until April 2012 to make a claim in respect of ALL the unlawful / unfair charges applied to your account since that account was opened with the credit card company.

 

Regarding the £12 charge, The OFT did not give them permission to charge £12.00 ( quote from OFT) “We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold. We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

 

So they would have to show it costs them £12, before they could charge you £12.

 

 

Regards.

 

Scott.

[Tingy]

With regards to your first question, an application form is not a response to a CCA request - you should have, and need, a copy of your actual agreement if we are to be able to check enforceability. For a credit card the Prescribed Terms are basically that it should contain the Credit Limit, Repayment Details and the Rate of Interest. Have a read of this excellent thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?103383

 

However, checking enforceability is not as easy as just checking they're there, as if you want to check properly you need to go back and check the rate of interest quoted was the actual rate of interest at the time. It is on details like this that CCA cases are still being won.