Halifax Credit card is it to late?

[inneedofhelpman]

Hi all thanks in advance for any help this forum is really helping me wish i had found it years ago.

 

I have attatched the cca i requested a long time ago and a letter rejecting my charges refund claim from a year or so ago. At the time i was in a very very bad place and couldnt be bothered to chase it up (silly i know).

 

Anyway i look any advice on whether i can still claim the £328.75 (including interest) from start of opening of this account, also silly as this sounds the agreement doesnt look very clear to me? (i am nothing like an expert though)

 

The current situation is i am paying a £1 per month to them as with most of my other creditors.

 

thanks in advance

[ims21]

Nothing to stop you reclaiming the unlawful charges.

 

Prepare an up do date spreadsheet and start the process again with the lender.

 

You may have to sue them to get them back.

[inneedofhelpman]

heres the cca

halifax cca.pdf

[inneedofhelpman]

I have just looked through my masses of paperwork and found a reply to a letter back in 2009 which stated that in there opinion the agreement is a "fully executed agreement"

[ims21]

If all you got is what is in the PDF then there are no T&Cs so they haven't complied with the CCA request.

 

I am not sure I understand why you asked for the agreement though?

 

Concentrate on reclaiming the charges.

[inneedofhelpman]

ok sorry ims

 

i requested the agreement a while ago and did get the t +c 's with it as well

 

i will concentrate on the charges and appreciate your help very much

 

thank you

[ims21]

[inneedofhelpman]

is there a link to how i start the court claims process please? have read the library extensively but cant find that starter so to speak?

 

is it ok to go down this route without first appealing to the fos?

 

thanks again

[ims21]

This thread is pretty much a start to finish scenario for reclaiming via court and the process involved.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**(1-Viewing)-nbsp

 

Fos are likely to agree with the lender that the charges are fair so I would say they are a waste of time personally.

[inneedofhelpman]

thank you again ims

Edited August 23, 2012 by inneedofhelpman

[inneedofhelpman]

just to update for my benefit as much as anything and a few more questions if i may

 

have collated all charges i had on my old sar on the excellent spreadsheet kindly provided by this site, however i then remembered that was only upto last year.

 

I have just had a postal order made out and will send for another sar and then collate all the figures, the claim is already around £600 so i would estimate it would be nearish £1000 by the time i have collated everything.

 

Questions

 

Will me making a claim affect the payment plans i have in place?

 

Never sure on this once should i sign or just print my name on letters to the halifax (or anyone for that matter?)

 

thanks again

[ims21]

No it won't affect a payment plan as such.

 

It won't hurt to sign but what I would do is just make a slight alteration to your normal signature just in case it gets lifted and mysteriously appears on other documents. (it has been known to happen)

 

Alternatively put crosses through it thus making it more difficult to lift.

[inneedofhelpman]

thank you again ims

 

one further question which is related but not to halifax, having worked out some charges with other providers that totalk around£70-£130 is the same letter and spreadsheet the correct way to proceed?

 

only reason i ask is for a relative small amount i wasnt sure

 

thanks again in advance

[ims21]

Yes...same procedure.

 

For such small amounts the lenders would be silly to let it go to court I think

[inneedofhelpman]

thanks ims you are a top man

[inneedofhelpman]

reply today stating the following

 

"Unfortunately you have not supplied enough information to find your details on our systems. Please provide me with further information such as your account numbers (i did), date of birth and previous addresses. I am unable to continue without this"

 

 

is this just a stalling tactic?

 

thanks again

[inneedofhelpman]

i put my credit card account number and obviously my current address on the letter

 

considering they are sending me a statement every month how can they not find my records?

 

confused

[inneedofhelpman]

would anybody be able to help with a reply?

 

im puzzled by this

 

thanks again

[inneedofhelpman]

how does this look?

 

Dear Sir or Madam,

 

 

re data subject access request

 

letter dated 21/09/2012

 

 

Account number: xxxxxxxxxxxxxxxxxxxxxx

 

I am unsure as to why you require further details as you manage to send me my credit card statement every month to the correct address.

 

My date of birth is xxxxxx my account number is above (as per first letter).

 

I look forward to your response within 40 days, as Halifax is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

 

Yours faithfully,

 

 

 

xxxxxxxxxxxxxxx

[ims21]

I'd mention in the letter that it is obvious they are in breach of the DPA (for the reasons you have stated).

 

This being the case you are preparing a complaint to the ICO as this is a clear stalling tactic and that their 40 days for compliance is still running from the date of your original SAR.

[inneedofhelpman]

thanks ims

 

have added in that and will send tommorow

[inneedofhelpman]

still nothing from halifax

 

help required if possible with my next step?

 

thanks

[ims21]

OK so report them to the ICO.

 

You could also consider court action to force compliance.

[inneedofhelpman]

thanks ims

 

how do i proceed with court when i am not aware of the figures involved?

 

thanks

[ims21]

You are not after a figure.....you would be taking them to court to force compliance under the Data Protection Act with a figure for damages at the discretion of the court.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**(1-Viewing)-nbsp