Court date for reclaiming Halifax Credit Card charges

[podperson]

Sent my SAR request off 18th May to Halifax credit card department. Received a letter back from them saying that they are unable to send me the information since the address I have given them does not match their records. I wrote to them last November to give them my new address and since they don't seem to have a problem sending debt collecting letters to my current address am guessing this is just another time-wasting effort. They are asking for a copy of my passport/driving licence plus a utility bill to prove my new address and I am requested to send these back with 'the required fee' which I sent them with the original letter and which they cashed.

Would you just send the required information to them? I guess they could argue that they didn't receive the letter I previously sent changing the address since it wasn't recorded delivery and they never confirmed it.

[maroondevo52]

Hi,

 

How did you pay the fee ?

[comebackjimmy]

Hi

 

Send them copies of their debt collection letters to prove to them that they know your address.

 

Also send a complaint to the Data commissioner with the same copies and a copy of their letter.

 

They are screwing around. How can they say they don't have your details on record when they are sending you debt control letters.

 

Don't send them any of the things they are asking for as they can lift your signature.

 

Send everything recorded delivery.

[podperson]

Well have sent them the info recorded delivery so let's see what they come up with next. Have a feeling they are going to be gits about it since the letter said that I would have to send the request and fee in again which I haven't done as they have confirmed receipt of my original letter and have cashed my cheque. I think they are trying to credit it to my account so if I get a letter saying that back will not be happy when it clearly stated on the letter that it was the fee for the SAR.

 

Can't find the debt collector letter for Halifax which is really annoying, I definately remember getting one but can't remember which company so I can't pull them up officially on it. Have put on the letter that if they haven't officially updated my address then I believe they have breached data protection by passing the details onto collection agencies. I also mentioned that if I have problems I will be passing their correspondence to the Information Commissioner so whether that gets them to send the information without further hassle we shall see

[podperson]

Woot, sar arrived from Halifax today, including statements from 2002 which has totally shocked me as thought would have a big fight to get anything older then 6 years! Quick count up is looking like just over £700 in charges which is definately the biggest one so far So when interest added on should hopefully cover my balance with a bit left over to throw at some other debts *goes off to play with spreadsheets*

[maroondevo52]

Good stuff

[podperson]

Have sent Halifax my original request for charges back, had no response so sent lba around 10th August and still no response at all. Sent them both recorded so seems a little strange - anyone else had this from them? The other ones I'm claiming from have all responded in some way even if just to say they didn't accept my complaint or they needed more time to respond. Guess if I haven't heard by next week will file court papers - first one I've had to do it with

[podperson]

Ok STILL heard nothing at all from Halifax so am going to fill out my court papers - am a little nervous, all my others one have so far settled before this point. Am just looking through the templates now and there doesn't seem to be one for HBOS, do I need one to modify the schedule 1 section to their own specific cca?

[silverfox1961]

Before you go any further on this.

Have you added contractual interest to your claim to Halifax?

[podperson]

I have added contractual interest yes, was being quite nice to them and only calculating it up to 2008 when they froze interest on the account but if I'm having to go to court might just recalculate up to the present date.

[silverfox1961]

Ok.

As you are now going to claim, don't forget to add the statutory interest as well (8%)

You can print off the forms you require from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

Don't forget to do 3 copies and hand them all into the court

[podperson]

Thanks, think it's all on my spreadsheet somewhere Have been reading up more on it and apparently I can claim through the English courts but I have to do it from the local court for the registered address of the company, so would have to do it in Halifax. Not a major problem I suppose since my mum lives about an hour away so worse case scenerio I did have to travel down could at least stay with her. Am just a little paranoid that they will be more likely to defend it's on their doorstep so to speak :S

[podperson]

Could anyone who has successfully claimed please confirm for me the registered address for Halifax? Was thinking it was the one in the sticky at the top for Trinity Road, Halifax but when I went on the website to check (as the thread is 2007) it seems to only show HBOS in Edinburgh.

[maroondevo52]

Hi,

 

On all my Court Claim Forms I used my Local Branch.

 

This is there Credit Card contact address.

 

Customer Services

Halifax

Card Services

Pitreavie Business Park

Dunfermline

KY99 4BS

 

BOS Head Office is at The Mound in Edinburgh, the address I used when they had contacted me was.........

 

HBOS

Legal Services

Retail Division

Trinity Road

Halifax

HS1 2RG

[podperson]

Ok think I may finally have my court papers sorted, living in Scotland seems to have made it very hard work Have decided to go through the English courts so have used Halifax's head office address at Trinity Road, Halifax and gone for Halifax county court. Would anyone mind just checking if my poc seems ok, since I'm going to have to post them rather then go in am a bit paranoid about doing something wrong on the forms!

 

1. The Claimant has a credit card account xxxxx (“the Account”) opened on or around xx/xx/xx. Credit cards are not included in the Office of Fair Trading’s Claim No.2007 Folio 1186.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged contractual interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. The Defendant has refused to refund the claimant’s charges and compound interest on the charges at the contractual rate, on the charges applied to the Claimant’s account at the annual rate of 17.9%. This is the rate applied by the Defendant to the Claimant’s account for unauthorised use or borrowing as detailed in the Defendant’s standard terms and conditions.

4. A list of the charges applied is attached to these particulars of claim.

5. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of the cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

The Defendant has been asked to provide a breakdown of the charges to demonstrate they are a genuine pre-estimate of their costs, but have failed to do so.

b) The Claimant finds the charges listed on the Defendant’s statements are a disproportionate penalty and therefore unenforceable as they are contrary to common law. These charges constitute a penalty charge as the amounts bear no relation to the actual charges incurred by the Defendant. The Claimant has been advised to remind the Defendant that such penalty charges are legally unenforceable, even if a clause exists in the terms and conditions that authorises such a charge.

c) The Claimant will seek to rely to Section 32c of the Limitation Act 1980 in pursuance to recover charges levied which are outside 6 years. The precedent for this was Kleninwort Benson-v-Lincoln City Council. The claimant contends that they were mistaken into paying the charges, and that they only became aware of a right of action and that such charges could be deemed as penalty following media focus on the Investigation of Credit Card Charges by the Office of Fair Trading in 2006.

The Claimant will say that although there was an agreement between the Office of Fair Trading and Credit Card issuers that a fee of £12 was reasonable for a breach of contract, the Office of Fair Trading said in their final report that only a Court could deem whether £12 was fair and reasonable and in proportion to actual costs to the Credit Card issuer.

The Claimant respectfully submits;

1) A declaration that the sums totalling £xx have wrongly been applied to the Account

2) Payment of the said sum of £xx and interest of £xx applied by the Defendant thereon.

3) Interest under section 60 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £xx and at this rate until judgement or sooner payment.

4) Court costs of £xx

 

Ok and I attach this to my N1 form and send 3 copies to the court right?

[podperson]

Ok forms all in and issued by the court, Halifax have until 22/10 to respond so finger crossed they don't! Am a little nervous now.

[laalinz]

subbing with interest as about to SAR Halifax

[podperson]

Rang the court house today and Halifax have responded but it is still being processed. Was really hoping they would not put anything in

[tracybeaker]

subbing with interest....

 

can anyone provide the calculator to work out interest etc and an explanation on how to do this.

 

i am going to bite the bullet and deal with the charges on my own account, am a little bit apprehensive as maths is not my strongest point!!

 

good luck and i hope they settle before court xx

 

TB

[laalinz]

http://www.egalegal.com/compoundWindow.html

 

Good luck

[podperson]

Well defence has come through and not as bad as I thought. Was worried since I have no legal experience that a professional defence would be a bit beyond me but it just seems very basic and obviously from a template - and they haven't even defended the part about going back further then 6 years. Basically saying that since the charges are in the terms and conditions they are not penalties and they are also a reasonable estimate of costs. Just waiting for my allocation questionnaire to come through now.

[The abused]

How is your case going. Just read your thread history. I telephoned halifax end of September 2010 about promotional interest rate removal in June 2008. To cut a long story short a complaint was submitted by a halifax customer services person on my behalf. She was very helpful so they are all not bad. Will put the reply on here when I get to grips with new scanner { i hope}

[podperson]

My case has been extended to 29th Dec to give us chance to 'mediate' - interesting when Halifax have simply ignored everything I sent them except the court papers. Then received a letter this morning from a debt collector on their behalf saying my account is overdue and I need to make a full payment immediately - but for about £300 when I owe them about £750 - if that's their idea of knocking me some off it's a great way to go about it!! Am wondering if I should be writing to Halifax or the solicitors so that I'm at least showing willing for when it does get to court?

[podperson]

Well seem to be slowly getting somewhere. Court date has been confirmed for May and as soon as I sent the forms in to confirm the hearing fee (I get concession due to low income anyway!) then they wrote out to me with an offer. Am a little confused as they claim on it that Halifax refunded me £50-odd in August 10 and around £400 in Oct 10 - neither of which I had ever been informed about! Interesting that those two letters apparently went walkabouts but all the debt collector and solicitors ones manage to find me Anyway they have offered me the charges back and 8% interest up to 2008 when it went to a debt management plan. Am thinking about writing back and offering to settle for the full charges plus contractual interest up to the present day. Do people think they will actually show up at court?

[podperson]

Well at the moment looks like I am having to go to court. Solicitors for them offered me the charges plus 8% to 2008 which I wasn't happy with so said I would accept the charges plus contractual interest to the present. They have refused so far, hoping they might give in before the court date but we'll see. Apparently the reason I hadn't received the previous offers from Halifax was because they sent them to my old address - despite asking for proof of my new address when I sent in my SAR!! So they can send threatening dca letters to my current address but not official letters - totally useless!

Am going to start getting together the court papers - my date is 25th May - but any help would be much appreciated, especially in regards to contractual interest as this seems to be where they are dragging their heels.