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Halifax Credit Card Unfair Treatment & BCOBS


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Hi All,

 

I was just wondering if anyone had any experience of making a claim for unfair treatment under the FSA Conduct of Business Sourcebook - COBS. I think that I have a valid claim against Halifax but I was just wondering if there were any POC's around. I did start to write my POC using BCOBS until I realised that only applied to bank accounts & that any claim for a credit card needed to be made using COBS. I know that I have to make the claim for breach of contract under COBS laying out the reasons why I have been treated unfairly.

 

I intend to make reference to The Unfair Terms in Consumer Contracts Regulations 1999 s.5 as well as possibly Consumer Credit Act s.140A.

 

The unfair treatment includes increasing the card rate to almost 30% immediately after being informed that my fixed term contract had ended & that I was at that point unemployed, offering to freeze interest in writing & then refusing, offering again to freeze interest & then taking no action, refusing to accept that I have a dispute over charges, ignoring letters even those sent special delivery to named directors, issuing defective default notices, constant & provable harassment by phone from Halifax & it's DCA's despite being informed that the account is in dispute.

 

I feel that they have manipulated my situation to make themselves extra cash knowing that being unemployed that I would be unable to repay the complete balance. They have treated me unfairly because they chosen a route which favours their own interests over mine & have failed to abide by the Lending code on the fair treatment of customers in financial difficulty. Breaching COBS rules 6 & 8 at least.

 

The part I have a problem with is what I should request the court to rule. Rather than a monetary sum I have been led to believe that it would be best to ask the court to simply rule on the breach of COBS & possibly that I have a claim for unfairness under Unfair Terms in Consumer Contracts Regulations 1999 s.5 as well as possibly Consumer Credit Act s.140A.

 

I was just wondering if anyone had any idea how to word this section of the POC correctly & also since it's not a monetary claim what the cost is likely to be.

 

Any input would be most appreciated as I want to get this filed & stick it to them as soon as possible, at least then they might begin to take the dispute a little more seriously than they currently are.

 

Thanks in advance.

Edited by Womble68
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  • 3 weeks later...

Good morning all,

 

I was just wondering have there been any successful cases for unfair treatment brought under COBS on a credit card account?

 

Does anyone have any experience or an idea as to how I would go about writing a POC for such a claim.

 

To cut a long story short after becoming unemployed and informing my credit card company Halifax they have ignored my financial situation in fact they have used the situation to their advantage & increased the interest rate on 3 occasions despite my financial difficulty. They have ignored most of my letters or requests for help, refused to reduce or freeze interest despite stating in writing that they could do this. They have did agree to freeze interest in a telephone call once but then didn't do it & surprise surprise claim to know nothing about it. They have refused to refund penalty charges & even claim that the account is not & never has been in dispute. Even letters sent by courier to the CEO have been ignored.

 

I'm not trying to use the COBS/Breach of Contract claim to avoid a debt I just want to force them to behave, act responsibility & to treat me fairly. Since becoming unemployed I have not used the card to make a single purchase the balance was around £10,000 & I have made payments totalling around £15,000 but as a result of the 3 interest rate hikes the balance is still £8,000.

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Can you just clarify the situation.

 

Have you entered into a repayment plan with the company or are you just maintaining the minimum contractual payments ?

 

Before increasing interest on a credit card, the company should give you 30 days notice in which to either accept the increase with the full use of the card facilities or to reject the interest hike - return your card/close the account, yet continue to maintain at the very least the minimum contractual payments.

 

Did this happen ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

 

Thanks for getting back to me so quickly, I haven't entered into a repayment plan of any kind with the company & up until recently was just maintaining the minimum contractual payments although I did make some lump sum payments to reduce the balance.

 

Regarding the rate rises I can't remember if the company gave me 30 days notice to either accept the increase with the full use of the card facilities or to reject the interest hike. This happened back in 2007. The annoying thing was that the rate rises happened almost immediatley after I informed them that I was at that time unemployed but had not missed any payments. I believed that I was acting responsibly by informing them of my situation & all they have done is use the situation to increase my indebtedness & increase their profits. I have attempted to get the rate frozen or at least reduced but have been ignored.

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  • 5 months later...

Hi citizenB,

 

I was just wondering is there a list or court document bundle anywhere for credit card charges cases. I've been away & when I got back I have a court date for my Haifax case on 18th October meaning that I have 4 days to submit my bundle the the other side so need to start putting it all together in the next couple of days so any help that anyone could give me would be most appreciated.

 

Also are people still winning charges cases? are they going to court to final hearing? I haven't ever had to go to court to argue a case before & have to admit that I am starting to find the prospect a little daunting.

 

Thanks

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Credit card charges are still being refunded. I will ask someone with more knowledge of the legal side to look in on you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Womble,

 

Claimants are still winning cases against Barclaycard but this is for the return of penalty charges. See **WON** cases here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

However, none of those cases were brought using COBS regarding unfair treatment.

 

If we are to help you, we need to see your full PoC so please post this up asap. See post #82 here for a guide on how to post doc'ts as a PDF - http://www.consumeractiongroup.co.uk/forum/showthread.php?345798-Roxburghe-HFO-old-barclaycard-debt&p=4174953&viewfull=1#post4174953

 

Alternatively, if the PoC is a Word Doc't, copy the text straight to the thread.

 

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Hi slick132,

 

No my claim for the return of penalty charges against Halifax is just that a claim for the return of unfair penalty charges. It doesn't involve COBS or anything complicated like that I made the claim using the standard charges POC in the library so the documents that I need to produce & refer to relate to that.

 

I can post the POC if you need it in either PDF or word format.

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Ok, post the PoC as a PDF attachment please, so we can see it.

 

The link to the court bundle has been faulty for ages but I'll send the bundle to you as a Word Doc't. Please reply to the PM I'm about to send you and I'll fwd it by email.

 

Please also confirm :-

 

1. Are you claiming compound or simple interest and at what rate.

2. Are you claiming back any charges that were older than 6 years when you filed the claim.

 

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You should now have the CAG Court Bundle that I've sent to you.

 

Please link your PoC's and spready to this thread so they're here for those that need to see them in assisting you. Make sure you hide your personal data first.

 

From the POC and SOC I have seen, you are claiming for chgs older than 6 years; and you're claiming compound int't from the date of each chge up to present at the various rates used by the bank over the a/c's life.

 

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  • 3 weeks later...

Hi everyone,

 

I was just wondering if anyone here with a greater knowledge of credit card charges claims could give me a little advise or guidance. I am due in court as the claimant tomorrow, I have had some advice from Slick132 who gave me the CAG court bundle & has been very helpful.

 

I just wanted to check to see if anyone had any advice regarding how I should present my case given the arguments that the bank has made in it's defence & witness statement. They are basically saying that in the first case £12 is fair quoting OFT guidelines etc & then hint that the charges are exempt from a test of fairness under UTCCR which I think relates to OFT v Abbey.

 

After loosing on Monday this week I just wondered if any of the greater minds on here had any advise as to how to put my case forward so try to stop that happening again tomorrow.

 

[ATTACH=CONFIG]46965[/ATTACH]

[ATTACH=CONFIG]46967[/ATTACH]

[ATTACH=CONFIG]46969[/ATTACH]

[ATTACH=CONFIG]46974[/ATTACH]

[ATTACH=CONFIG]46968[/ATTACH]

 

Thanks

Womble

Edited by Womble68
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Hi Womble,

 

I'll ask the Site Team for any input if the right folk are around.

 

I'm only here for a minute but back later. I'll send an SOS now though.

 

:-)

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2 points :-

 

1. Have you rec'd confirmation yet from the court about the successful Strike Out Appl'n made on the last case (Santander).

 

2. Have you used the same court bundle, and the Witness Statement that your sol'r prepared.

 

Off for a while now but back later ...........

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I think I have seen somewhere that someone argued that the charges were unfair because they were standard and it didn't matter whether the payment was late by 5 minutes, 5 days or 5 months - the charge is still the same.

 

the same applies if the account is over the credit limit.. 5p £5.00 or £500.00 again the charge is the same.

 

It is wrong for the Judge to say that the Supreme court hearing OFT v Abbey was for both current and credit accounts - it wasn't - it was for Bank charges relating to current accounts.

 

Having brought the UTTCR into play, it is my belief that the bank has to prove that they are Fair and not you that they are not.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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In answer to your two points :-

 

No I haven't received confirmation yet from the court about the successful Strike Out Application made on the last case against Santander.

 

The court bundle I used in this one was the standard CAG one which you sent me.

 

Hope that helps.

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I think I have seen somewhere that someone argued that the charges were unfair because they were standard and it didn't matter whether the payment was late by 5 minutes, 5 days or 5 months - the charge is still the same.

 

the same applies if the account is over the credit limit.. 5p £5.00 or £500.00 again the charge is the same.

 

It is wrong for the Judge to say that the Supreme court hearing OFT v Abbey was for both current and credit accounts - it wasn't - it was for Bank charges relating to current accounts.

 

Having brought the UTTCR into play, it is my belief that the bank has to prove that they are Fair and not you that they are not.

 

Hi CitizenB,

 

Just a quick one, you said having brought the UTTCR into play, it is you belief that the bank has to prove that they are Fair and not me that they are not. I just wondered if you know how I would bring that up or address it?

 

Thanks again

Womble

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Hi Womble,

 

You should definitely assert that the Abbey Test Case considered and ruled on the issue of current account bank charges and that the same principles cannot necessarily be applied to the issue of credit card, loan, catalogue or mortgage accounts.

 

Re Para 2 OFT's Guidance, The OFT position was that a charge of £12 or less would be regarded as not unfair or insufficiently detrimental to warrant regulatory intervention in 2006. The OFT did NOT consider the matter of fairness in isolation.

 

Re Para 4, if the bank wants to show that the charges are a genuine pre-estimate of the cost to them of your default, they should justify this by disclosing the actual costs calculation.

 

Re Para 5, their default charge is made when you breached the contract by failing to pay the required amount, which makes the charge a penalty and an unlawful one.

 

Re Para 6, pre-notification of a charge does not make that charge lawful and you assert that UTCCR does apply to credit card charges.

 

Re Paras 7, 8, 9 and 10, the charges are penalties, they incur a standard penalty charge and they are unlawful.

 

Best I can do for now but you can back up my thoughts above with the relevant case law as included in your bundle.

 

Is this a Strike Out Application or a final hearing.

 

In any event, Good Luck !!

 

:-)

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I will confirm that with andyorch, but that is my understanding, yes..

 

No I wont, cos Slick has already done that :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All,

 

I just wanted to thank everyone for their help with my case especially slick who has been great & give you an update.

 

Well I managed to loose this one too, not a biggie in terms or costs being small claims they never got any but it's annoying that a bank has managed one again to get away with it.

 

Thanks again

Womble

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Hi Womble and I'm sorry to hear how this one went for you. :sad:

 

Please give us more info about the hearing and the judges ruling when you're able.

 

:-)

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