Halifax credit card - In progress

[MondeoST24]

Had a Halifax credit card between 2000 and 2004, there were more months that I paid late than not

 

They kept putting credit limit up though

 

Sent standard letter on 10th to local branch, recieved reply today from local branch manager, he says he doesn't have access to that information so he's faxed letter to credit card department in Halifax, says they will be in touch within 10 days

 

Fingers crossed

[gothicf0rm]

indeed my own branch manager told me they only have access to the last month of financial transactions on my account (which is untrue as ive seen cashiers list them before). what they really mean is they dont have access to it for what i wanted, they can only access it for halifax friendly things rather than customer friendly refunds.

[MondeoST24]

Its been 10 days now since the local branch manager wrote to me and said

 

"As your complaint and enquiry relates to the above numbered Halifax credit cards, I have faxed your letter to the Credit Card Customer Care Team in Halifax, who will have access to the information you require, and be able to respond to you in full"

 

I am going to send the new DPA request letter but should I continue to correspond with the local branch manager or write directly to the CC Cust Care dept at Halifax?

 

Thanks

[MondeoST24]

Its been 10 days now since the local branch manager wrote to me and said

 

"As your complaint and enquiry relates to the above numbered Halifax credit cards, I have faxed your letter to the Credit Card Customer Care Team in Halifax, who will have access to the information you require, and be able to respond to you in full"

 

I am going to send the new DPA request letter but should I continue to correspond with the local branch manager or write directly to the CC Cust Care dept at Halifax?

 

Thanks

[Bookworm]

Since customer care (!) hasn't deigned reply yet, I would keep on writing to the local branch. I'm sure they can pass it on when it suits them!

[Bookworm]

Since customer care (!) hasn't deigned reply yet, I would keep on writing to the local branch. I'm sure they can pass it on when it suits them!

[MondeoST24]

DPA request sent

[MondeoST24]

That was quick, statements recieved! Theres a covering letter which says:

 

Thankyou for your recent communication regarding your account. I am sorry that you have found cause for complaint.

 

Please refer to the Terms and Conditions, which you signed to confirm you had read, understood and agreed to be bound. Section 4.1 of your Terms and Conditions clearly states 'We will charge £20.00 each time you do not make a minimum payment by the payment date'. A copy is enclosed for your reference.

 

Having contacted our legal department, I confirm the fee we charge is not a penalty or an unfair term as the charge is set at a level which covers the cost to us of payments being made late or not at all. Therefore you are not being penalised; we are merely passing on the cost of the late payment back to you. I have enclosed the the copy statements as requested.

 

If you do not contact me within the next eight weeks, I will consider this matter resolved and close my file. For your information, I enclose a copy of our complaint's leaflet, which outlines the entire complaint process.

 

Comments?

[MondeoST24]

Well i'm very disappointed.

 

I've just totted 6 years worth of statements up and it comes to £190

 

For some reason I though it was going to be a lot more.

 

But never mind, better in my pocket than thiers. Second 14 day letter will be in post Monday.

[MondeoST24]

Having contacted our legal department, I confirm the fee we charge is not a penalty or an unfair term as the charge is set at a level which covers the cost to us of payments being made late or not at all. Therefore you are not being penalised; we are merely passing on the cost of the late payment back to you.

 

I am beginning to prepare my case for court this week should it get that far.

 

I think in the statement above they are (attempting to) brush aside the relevence of UCTA 1977 s.4 and UTCCR 1999 P8 sch.2(1)(e) - i.e. saying it is not a penalty

 

However in which case are they also trying to get round SGSA 1982 by saying they are recovering a cost to them, i.e. not providing a service to make a profit.

 

In which case where do I stand, would they be expected to prove in thier defence that it does cost them £20 for a late payment?

[BankFodder]

can we have a scan of this letter please. It prevents them from later arguing that they are providing a contractual service.

[email protected]

[MondeoST24]

Sent.

[Bookworm]

And received.

Thanks.

[leehughes]

Interesting.

 

Cost of a payment being late is £20...okay I will believe them, not!

 

Same goes for not at all!

 

Regards

[MondeoST24]

Claim filed £190 + costs + interest

[MondeoST24]

Claim acknowledged 27/03/06

[MondeoST24]

Recieved a letter this morning "Without Prejudice"

 

They have offered to settle the claim in full plus the court fee. "On a purely commercial basis"

 

One question, they have not mentioned the interest, can I make them pay this (about £42)

[MondeoST24]

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