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Halifax credit card- do I have a case?

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  • Halifax credit card- do I have a case?

    Sorry- this is so long

    Im currently dealing with a complaint regarding my halifax credit and wondered if anyone here could help me with my consumer rights.
    I got into debt on this card 9 years ago when I was young. Been paying it off for the last 5 years. 320 every month, which is still only reducing the balance by about £380 per year. 26 months ago Halifax stopped my statements and closed my account as they say my card was reported lost and I never contacted them (it was never lost, wasn't used at this time and I had no letter) I rang a few times and and asked about statements but was told I can't see them as my account is closed and I thought that was the way it worked. Anyway, I phoned for a recap last week and was told the could not tell me my Interest rate, and could not see further back then 6 months, but in the last 6 months I've paid £1980 and £196 has come off the balance,
    Still no statements.
    I got some advise and was told that under section 77a of the consumer credit act they have to tell me my APR and provide me with statements every month or they can't charge interest. I wrote all this to Halifax, they phoned 2 days later and said they have done nothing wrong as the statements existed online, they'd just stopped my access, they offered me £180 pound (I've said no, I'm not satisfied with that!) any ideas on what I can do next or is it just straight to FOS? And do I stand a chance with them? I have paid every month and tried to keep up my side of the deal but feel trapped in this paper work free debt. thanks in advance
    Tags: None

  • #2
    Re: Halifax credit card- do I have a case?

    Good morning, welcome to LB,

    I am not surprised at the responses you are getting from phone calls, customer (dis) service operators don't really have any authority to do anything they just spout the company script.

    To get a more positive response make a " Formal Complaint" to the CEO of the creditor, this obliges them to fully investigate and respond within 56 days if the response is not what you want then you can complain to FOS.

    I suspect if stopped payments you would soon have a statement!

    I would also recommend that you send them a request for a copy of the credit card agreement (CCA Request) use the template from the green box at the top of the Court Claim forum page.

    There is a £1 statutory fee to pay use a Postal Order and mark it " For Statutory Fee Only" and send it by signed for post..

    What was the balance when the account was closed?

    nem

    Comment


    • #3
      Re: Halifax credit card- do I have a case?

      The simple way to deal with this will be to send a Subject Access Request to Halifax which obliges them to provide you with everything which they have in their files including the electronic ones. That includes the phone log and the transaction log.

      You need the information and ammunition before you can make a meaningful complaint.

      You've referred to s.77a CCA so does this mean your Halifax product was a loan (fixed sum agreement)? If so this may effect the way the interest and capital has been reducing (or not).

      If it was a credit card that would be s.78 CCA.

      Di

      Comment


      • #4
        Re: Halifax credit card- do I have a case?

        Originally posted by Mjm998 View Post
        Still no statements.
        I got some advise and was told that under section 77a of the consumer credit act they have to tell me my APR and provide me with statements every month or they can't charge interest. I wrote all this to Halifax, they phoned 2 days later and said they have done nothing wrong as the statements existed online, they'd just stopped my access
        You are almost right about the interest. Read section 86D 4 CCA which may apply to your situation if the account is in arrears http://www.legislation.gov.uk/ukpga/1974/39/section/86D

        So when you decide to make a complaint be aware that a creditor can remedy the situation if you draw attention to their non compliance (if they haven't complied).

        Personally I'd wait to see what the SAR produces first unless there's any threat of legal action.

        Di

        Comment


        • #5
          Re: Halifax credit card- do I have a case?

          No threat of legal action as I am paying this account ever month. 90% of which goes on interest and they won't tell me the rate

          So in simple terms, have they mishandled the account?

          - - - Updated - - -

          I thought this applied:


          Consumer Credit Act 1974

          1974 c. 39 Part VI Section 77A

          (6)Where this subsection applies in relation to a failure to give a statement under this section to the debtor—

          (a)the creditor shall not be entitled to enforce the agreement during the period of non-compliance;

          (b)the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and

          (c)the debtor shall have no liability to pay any default sum which (apart from this paragraph)—

          (i)would have become payable during the period of non-compliance; or

          (ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

          http://www.legislation.gov.uk/ukpga/1974/39/section/77A


          However will ask for my SAR- thanks for the advice

          Comment


          • #6
            Re: Halifax credit card- do I have a case?

            Originally posted by Mjm998 View Post
            No threat of legal action as I am paying this account ever month. 90% of which goes on interest and they won't tell me the rate

            So in simple terms, have they mishandled the account?

            - - - Updated - - -

            I thought this applied:


            Consumer Credit Act 1974

            1974 c. 39 Part VI Section 77A

            (6)Where this subsection applies in relation to a failure to give a statement under this section to the debtor—

            (a)the creditor shall not be entitled to enforce the agreement during the period of non-compliance;

            (b)the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and

            (c)the debtor shall have no liability to pay any default sum which (apart from this paragraph)—

            (i)would have become payable during the period of non-compliance; or

            (ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

            http://www.legislation.gov.uk/ukpga/1974/39/section/77A


            However will ask for my SAR- thanks for the advice
            I would still recommend getting the Formal Complaint off they have 56 days to respond, the SAR allows the creditor 40 days.
            The CCA request will also be useful as Halifax ( as they have done before) may not supply it with the SAR.

            nm

            Comment


            • #7
              Re: Halifax credit card- do I have a case?

              Originally posted by nemesis45 View Post
              I would still recommend getting the Formal Complaint off they have 56 days to respond, the SAR allows the creditor 40 days.
              The CCA request will also be useful as Halifax ( as they have done before) may not supply it with the SAR.

              nm
              Thank you, so I make a request for the info and then write to the CEO. Should I stop discussing the matter with them on the phone and ask for them to write to me so I have records?

              Comment


              • #8
                Re: Halifax credit card- do I have a case?

                Originally posted by Mjm998 View Post
                Thank you, so I make a request for the info and then write to the CEO. Should I stop discussing the matter with them on the phone and ask for them to write to me so I have records?
                Hi ,

                I don't think you get much help from telephone call you need to get hold of someone with authority to make decisions rather than those who spout " computer says NO".

                So keep everything in writing and sent by signed post so you have a proper paper trail.

                nem

                Comment


                • #9
                  Re: Halifax credit card- do I have a case?

                  Originally posted by nemesis45 View Post
                  Hi ,

                  I don't think you get much help from telephone call you need to get hold of someone with authority to make decisions rather than those who spout " computer says NO".

                  So keep everything in writing and sent by signed post so you have a proper paper trail.

                  nem
                  Thank you- when they ring today I'll say I want responses in writing from now on.

                  Comment


                  • #10
                    Re: Halifax credit card- do I have a case?

                    Did you have PPI on this account?

                    And what year did you open it?

                    Di

                    Comment


                    • #11
                      Re: Halifax credit card- do I have a case?

                      Originally posted by Diana M View Post
                      Did you have PPI on this account?

                      And what year did you open it?

                      Di
                      I'm not sure, will have a look at the paperwork if I ever get some, and about 2008 I think

                      Comment


                      • #12
                        Re: Halifax credit card- do I have a case?

                        Originally posted by Mjm998 View Post
                        I'm not sure, will have a look at the paperwork if I ever get some, and about 2008 I think

                        That's why I said send a SAR before you fire off a complaint, because at the moment you don't know exactly what you will be complaining about. It might develop into a long list of things after you've done your research

                        PPI was sometimes added to accounts without the consumer realizing. On the statements it might say 'Card Protection Policy' or some consumers were 'sold' Identity Theft policies which were not needed.

                        If you're going to make a complaint then you need to make a comprehensive complaint covering all the issues. The bigger the complaint the more chance you'll have of getting it taken seriously. To do that you need the paperwork.

                        You say you got into difficulties nine years ago so is it possible that the account was defaulted then? Does it still show on your CRA file?

                        I agree with nemesis that you should also send (separately) a s.77-79 CCA Request together with a £1 postal order. If they don't or can't comply with that request then the account will be unenforceable in court until or unless they do.

                        Personally I would send the SAR first and wait before you send the CCA Request. It's not unknown for some creditors to sanitize SAR documents if they think they may be facing a challenge over the enforceability of an account. A CCA Request can be seen as a clue to your intentions.

                        Also if you've got the SAR you'll know if any reconstituted CCA is "honest and accurate".

                        What was their logic and reasoning for making you an offer of £180 as compensation?

                        And how much is the outstanding balance according to the Halifax?

                        Di

                        Comment


                        • #13
                          Re: Halifax credit card- do I have a case?

                          Originally posted by Diana M View Post
                          That's why I said send a SAR before you fire off a complaint, because at the moment you don't know exactly what you will be complaining about. It might develop into a long list of things after you've done your research

                          PPI was sometimes added to accounts without the consumer realizing. On the statements it might say 'Card Protection Policy' or some consumers were 'sold' Identity Theft policies which were not needed.

                          If you're going to make a complaint then you need to make a comprehensive complaint covering all the issues. The bigger the complaint the more chance you'll have of getting it taken seriously. To do that you need the paperwork.

                          You say you got into difficulties nine years ago so is it possible that the account was defaulted then? Does it still show on your CRA file?

                          I agree with nemesis that you should also send (separately) a s.77-79 CCA Request together with a £1 postal order. If they don't or can't comply with that request then the account will be unenforceable in court until or unless they do.

                          Personally I would send the SAR first and wait before you send the CCA Request. It's not unknown for some creditors to sanitize SAR documents if they think they may be facing a challenge over the enforceability of an account. A CCA Request can be seen as a clue to your intentions.

                          Also if you've got the SAR you'll know if any reconstituted CCA is "honest and accurate".

                          What was their logic and reasoning for making you an offer of £180 as compensation?

                          And how much is the outstanding balance according to the Halifax?

                          Di
                          Thank you Diana, lots of useful advice. I didn't go into default or arrears, was young and paid a few days late 5 times because I didn't know I could change my payment date. But I thought that's why the account was closed, and that theyd withdrawn statements because I was a bad customer (I thought they could do that!) when I rang up, they just said you can't see online statements because your accounts closed)
                          but apparently the account was closed due to a card being reported stolen (not by me!) (my credit file shows no default or problems either)


                          The complaints manager offered me £180 as compensation to resolve the complaint with no liability of them being at fault.
                          I said no.
                          They still can't/won't tell me my APR, and I asked for them to send me a the last years statements 2 weeks ago- still no sign. I owe 12900 now. That's gone down about £1000 in the last 5 years despite me paying between £320 and £380 each month without fail. It seems like this debt is inclearable at the moment.
                          Last edited by Mjm998; 1st December 2016, 15:51:PM.

                          Comment


                          • #14
                            Re: Halifax credit card- do I have a case?

                            What are the rest of your finances like? If they are pretty bad with a poor credit record, then asking for a CCA etc is a great idea.

                            But if your credit file is good, then asking for a CCA is pretty pointless. Even if Halifax can't produce it, if you stop paying the debt you will still get a default on your credit record.

                            If your credit record is good, have you looked at a balance transfer for some of the debt?

                            Otherwise your only option is to increase your payments. If you could set up a standing order foe say £420, you will start to see the balance dropping.l

                            Comment


                            • #15
                              Re: Halifax credit card- do I have a case?

                              Originally posted by Debt Camel View Post
                              if your credit file is good, then asking for a CCA is pretty pointless. Even if Halifax can't produce it.l
                              If the creditor can't comply with a s.77-79 CCA Request then the OP may be 'future proofed' against any legal proceedings further down the line

                              A CCA Request is never pointless.

                              It may even be the best £1 investment a consumer ever makes.

                              Di

                              Comment

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