Halifax Credit Card Charges.

[vazunna]

Hello all,

 

I would greatly appreciate some sound guidance regarding my next steps.

 

I have received my SAR back from Halifax. It actually goes back to when I opened the account, 2004.

 

Foolishly, I sent the SAR regarding a specific account. Thats all I got back. Know better now.

 

It was a credit card, which I have defaulted, and Halifax have duly " disposed " of to Apex Credit Management. However, I only have 3 CCJ' s and Apex is not one of them. Does that mean Halifax still owns the debt??????

 

Closing balance £ 1898.62 .......

 

I have been in contact with Apex on several occasions ( via phone and I think letter ) and set up various repayment arrangements. Paying token / small amounts. To this date on Noddle the balance being £ 1671 .

 

Back to the SAR.....

 

Information received goes back to the beginning of the acc. = 2004. Surprisingly!

 

It includes charges for late fees, over limit fees, un paid direct debit fees, and PPI.

 

After reading a few threads on here, I get the drift that the banks will fob you off with the six year rule.

 

So my questions are these ;

 

1. Can I initiate a claim for unfair charges from todays date and just back 6 years?

 

2. Is that 6 calendar years i.e. back to 11th August 2006 ? What is the cut-off date?

 

3. If successful, can I then persue a seperate claim for unfair charges from 11 August 2006 to the date the account was opened, in 2004, because these charges were considerably more.

 

4. There is also PPI on the account. Various amounts according to the balance. Am I correct in assuming that PPI claims are not subject to time limitations?

 

I need to build a small " kitty " in order to fund other " requests for payments of unfair charges ".

 

So I would prefer to claim what I have the most chance of getting back in the least time. ( hope that makes sense ).

 

Please can you tell me my next step?

 

Thanks in advance.

 

Vaz

[vazunna]

Bump.

[Bombaymix]

Hello there.

 

I'm sure the experts will be along shortly

 

Just a thought. A quick note to Halifax requesting ALL the information they hold on ALL of your accounts! Any information they hold on you falls under the DPA. I wrote to lloyds and they sent bank account docs only. I wrote back requesting credit card docs also and told them that the £10 I sent them would cover the fee for this. They sent me all information without problem.

 

As for your questions... I'm sure some of the expert will be along shortly to answer them fully, however...

 

I'd start filling out some spreadsheets with the information you've got! If they've provided you with 8 years worth of statements personally I'd start the claims right from the beginning. I believe the situation is that most of the banks don't provide information to you beyond 6 years and this is why claims don't usually go back further. (I'm not entirely sure if that is correct, personally if I had statements going back 8 years, I'd be reclaiming right from the start)

 

I believe also that you're correct about PPI having no time limitations.

 

You want to get this started as quickly as possible? No time like the present (well, not right now it's almost 4am lol)

 

If you need any help with spreadsheet links or template letters have a good look through the PPI forums. Lots of help and advice on this site.

 

Go get 'em

 

Regards

 

BM

[ims21]

Hello all,

 

I would greatly appreciate some sound guidance regarding my next steps.

 

I have received my SAR back from Halifax. It actually goes back to when I opened the account, 2004.

 

Foolishly, I sent the SAR regarding a specific account. Thats all I got back. Know better now.

 

It was a credit card, which I have defaulted, and Halifax have duly " disposed " of to Apex Credit Management. However, I only have 3 CCJ' s and Apex is not one of them. Does that mean Halifax still owns the debt??????

 

Does the debt show on your credit file and of so who's name is next to it?

 

Closing balance £ 1898.62 .......

 

I have been in contact with Apex on several occasions ( via phone and I think letter ) and set up various repayment arrangements. Paying token / small amounts. To this date on Noddle the balance being £ 1671 .

 

Back to the SAR.....

 

Information received goes back to the beginning of the acc. = 2004. Surprisingly!

 

It includes charges for late fees, over limit fees, un paid direct debit fees, and PPI.

 

After reading a few threads on here, I get the drift that the banks will fob you off with the six year rule.

 

So my questions are these ;

 

1. Can I initiate a claim for unfair charges from todays date and just back 6 years?

 

2. Is that 6 calendar years i.e. back to 11th August 2006 ? What is the cut-off date?

 

3. If successful, can I then persue a seperate claim for unfair charges from 11 August 2006 to the date the account was opened, in 2004, because these charges were considerably more.

 

You can start a claim for more than six years of charges. The standard method for overcoming the six year business is to use S32(1)© Limitations act 1980 and the case law of Kleinwort Benson - v Lincoln City Council. If you feel happier just going for the six years of charges then go that route although it would then be difficult to go for the older charges as well at a later date. Whichever way you go, you should be prepared to sue in court to get the charges back.

 

Have a read of Nos. 3 and 4 in my signature. This is the spreadsheet you would use to calculate your claim amount.

 

CISheet v101.xls

 

 

4. There is also PPI on the account. Various amounts according to the balance. Am I correct in assuming that PPI claims are not subject to time limitations?

 

Correct and this is the spreadsheet to use for your PPI claim if you have ALL of the statements

 

FosRunningPPI v102.xls

 

I need to build a small " kitty " in order to fund other " requests for payments of unfair charges ".

 

So I would prefer to claim what I have the most chance of getting back in the least time. ( hope that makes sense ).

 

Please can you tell me my next step?

 

Thanks in advance.

 

Vaz

 

ims

[vazunna]

Hi guys and thanks for your replies,

 

Apex Credit Management are next to the debt ( Defaulted ) according to Noddle, however, they do not appear on Credit Expert. Neither does the debt???????????

 

I have sent off the letter and spreadsheet for the penalty charges ( not the PPI ) for the whole account , quoting the Kleinwort Benson case. It works out just over £1200 including compound interest.

 

They have 14 days in which to respond. What are my chances??????

 

Kind regards

 

Vaz

[ims21]

You are likely to get a refusal on the refund of charges.

 

If they refuse then the next step would be a "Letter Before Action" and if they still refuse then you issue in court of you want those charges back.

[vazunna]

Morning everyone,

 

Sent Halifax my SoC along with letter requesting my money back on 13th August. They received it on the 15th.

 

Sent them updated Spready on the 29th with Letter Before Action.

 

Rang them on the 5th September to see if there was any update. Finally got through to somebody from Card Services.

 

One of their staff said they had sent out a Full And Final decision letter on the 17th August rejecting my claim.

 

I have received no letter.

 

He also proceeded to tell me why they would not be upholding my claim.

 

" Our charges are in line with your terms and conditions and are fair " he said.

 

Still no letter, off to work now maybe delivered today.

 

What do you think my next step should be bearing in mind I have sent the LBA on the 29th August.

 

Your advice, as always, is greatly appreciated.

 

Vaz.

[ims21]

Two threads merged.

 

Next step would be to issue in court if you want to pursue them to get those charges back.

[vazunna]

Hi Ims, not sure if I have done this correctly, it was my first go.

 

This is the letter they sent me rejecting my charges claim.

 

This was, I presume, in response to the letter before action I sent them dated 29th August.

 

Is it a normal response?

 

My next step would be to issue in court as you have said.

 

How do I start that process?

 

I am a bit concerned about the court route. I am in full time employment, working a permanent 2pm til 10pm shift pattern, so I would be limited as to when I could attend

court.

 

Are there other ways I could claim? I have heard snippetts of MCOL. Would that process be suitable?

 

Advice, as usual, more than welcome.

 

Vaz

Edited September 10, 2012 by ims21

[ims21]

You can start the process using MCOL to issue your claim.

 

You would need to prepare Particulars of Claim as well.

 

If the other side put in a defence you would almost certainly need to go in front of a judge ad argue your claim.

[vazunna]

Thankyou ims, I think I will pursue the claim through MCOL.

 

Is there a step by step guide / thread to follow?

 

Vaz

[ims21]

If you haven't already had a look, read through Shelley's thread in the Barclaycard successes forum. It is pretty much a step by step for reclaiming through court.

 

Be aware that although BC coughed before court, not all banks will behave the same way so don't rely on Halifax settling before court.

 

Also have a look at some other success threads in the bank forums. The key to going to court is preparation and there can be quite a bit of work for you to do.

 

When you're a bit more up to speed, shout here and if you are going to issue we can get the more legal guys to look in and help you.

[vazunna]

Thankyou ims,

Hopefully it won't get to court but, I think I am in good company should I have to proceed.

 

Regards

 

Vaz

[Fami1yGuy]

any update