Fendy -v- Halifax Credit Card Visa

[Fendyweather]

Well another one under the belt thought I had better get this one start. You and me both Hedge. Doing hubbys old Halifax Visa card. He had it some 5 years ago and its paid off and closed but I reckon he had about £500- £1000 in charges on it over a 5 year period, but dont know exactly till statements come through. So Sent SAR a month ago, just waiting to hear now. I dont think they will comply, but start putting the pressure on in just over another week. So far they havent acknowledge my request or anything................ but the cheques been cashed. Lol Lol. Will keep ya posted. Fendy xxx

[Mad Hatter]

good luck Fendy... they will send them eventually..

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

OK this one goes something like, Sent prelim asking for Charges of £680, plus CCI calculated at slightly less than their interest rate, i.e. approx. 18.36% and so total CCI is £819.78. Got the usual, blah blah blah, rubbish rubbish rubbish, looking into it, blah blah blah. Ignored again. Sent LBA, same again, blah blah blah, etc. etc. etc. so filed at court, through MCOL, with good POC;s adapting to CCI etc. etc. and included court stat S.69 at a further £357.20 as it stands at todays date, so total claim at todays date is £1856. Had acknowledgement, and their defence through last week with a cheque for £711.18, which they say represents my charges, interest and court fee. IT DOESNT. My charges alone were £680. Dunno really at all how they arrive at this figure. I sent them the cheque back stating not happy with the cheque, refusing to accept it and will pursue through court for the full CCI and sent a copy to court and a further spready showing full breakdown to both court and HBOS. Received a letter this morning from HBOS (this is a credit card by the way, not bank), letter basically saying:

Dear Mrs Fendy, Further to your letter dated 10th December returning cheque for £711 to us, I would like to confirm that we herewith refund that cheque to you again, on a without admission of liability basis. I have filed a defence wth Northampton County court for the remainder of the claim being £1211.56. I have enclosed a copy of the Defence for your reference. This refund is based on the total charges and interest applied to yur account together with the court fee of £80. Please find attached the cheque again for £711. Please note that by cashing this cheque, it will not affect the status of your claim. Point 4 and 5 of the defence clerly states our reasons for defending the sum of £1211.56.

THEN IN THE DEFENCE, POINTS 4 AND 5 READ AS FOLLOWS:

4. Notwithstanding the foregoing, the Defendant has, without admission of liability refunded £711 to the Credit Card account. This sum represents all the bank charges tht the claimant hs incurred in the period claimed, being £470.00 plus £161.18 interest and £80 court fee.

5. The remainder of the claim £809.86 appears to also relate to the contractual interest and £401.70 appears to relate to charges which the claimant has failed to particularise. The defendant has already refunded £161.18 to the claimant in respect of interest. The defendant denies that the claimant is entitled to any contractual interest as the claimant has failed to produce the contract pursuant to which the clamant considers he is entitled to claim contractual interest at 19.9%

End of.

Now my points are:
a) they quote the wrong credit card account number at point 1 in their defence
b) they quote the wrong amount of charges I am claiming (I clearly broke this down in a spready, hell Im so familiar with this now I wouldnt screw up on a spready.)
c) They say Im claiming 19.9% CCI and Im not, Im claiming lesser, i.e. 18.36%. I was trying to be fair by not claiming their highest rate they had charged me.
d) They say Im claiming £161 interest, Im not, Im claiming over £800 in CCI.
e) If I accept the cheque of £711 in part payment clearly advising them I will pursue the rest am I putting myself at risk.
f) where the heck they have got their figures from I havent a clue. My claim goes back over 6 years and I have included those charges in the claim so does this affect anything ?

Just when I think I know the answers to all the above, they make me doubt my own knowledge on this. Can anybody confirm or deny any of the above as being true.

Help.


Fendy xxx

Just received notice from Keighley court this morning too, that there will be a hearing for directions on 14th Jan.

All I need to know is this. AM I RIGHT IN CLAIMING CCI ON THIS OR SHOULD I FIGHT THE REST. If they were paying me charges alone over 6 years worth and basic 8% interest then the claim should be £1040 plus 80 court fee. So even if they were paying me the lesser figure of 8% on its own, they still havent paid me enough by only sending £711 have they ???

Anybody ??? opinions gratefully received.

Fendy xxxxxxxxxxxxxxxxx

[thephoenix]

Re: Fendy -v- Halifax Credit Card Visa

Hiya. IMHO as a general rule it's either CCI OR statutory 8%.

Sating that, they are more likely to pay out both before any hearing. If it goes to a hearing (which it wont) the courts i believe will probably go for one or the other.
Which I believe is wrong as you are not allowed to profit from an unlawful act.

You could accept the £711 with a notice that you will continuing with the action until the remaining monies are paid.

Or return the cheque with a notice that you will not be accepting that or any other cheque from them unless it's for FULL and final settlement and any further cheques sent to you for less than the full amount are sent at there own risk.....sort of thing.

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Um, I thought that. I just wanted to be sure that if I keep the cheque, the court wont see that as me accepting it as final settlement because it doesnt even represent the charges, plus basic 8% plus court fee. It falls even well short of that amount. Im not being greedy, I gave them chance to settle for charges alone. I claimed CCI from the outset but said they would settle for charges alone plus 8% then I wouldnt go for CCI if I filed but failing that I would apply full CCI at filing at court, even though I showed the full CCI on the spready from the outset and claimed that. It doesnt bother hubby about showing up to court for the hearing for directions, hes not a scaredy pants, but its more just I cannot for the life in me understand how they have arrived at the figure they have sent to us.

It doesnt stack up at all in any way how they have arrived at it. It makes no sense whatsoever. And I did claim CCI in the MCOL POC's clearly and attached full spready breakdown. It just bugs me that sometimes they try and wrong foot me by making out Im not entitled to CCI. Crapital bum paid it, so why do they think theyre exempt from this ???? I know ultimately its the judges decision but no harm in trying is there ??

Fendy xxx

[thephoenix]

Re: Fendy -v- Halifax Credit Card Visa

go for it I say. Give them a ring and ask how they have arrived at the figure they did. At least you'll have some idea where they are coming from and maybe a bit more ammo for the directional hearing. :cheers:

[WendyB]

Re: Fendy -v- Halifax Credit Card Visa

Is it worth pointing out to them that they've got the wrong account number etc, they may have you confused with someone else?

[paulindalex]

Re: Fendy -v- Halifax Credit Card Visa

Is it worth pointing out to them that they've got the wrong account number etc, they may have you confused with someone else?

Hi! Sorry to be so late with this respose, but if, as you say they have got the wrong acount number, I would leave it until court. An error like this I feel sure would have the Judge dismiss the defence. I will stand correction on this, but I am sure that all info povided to court will have to be 100% accurate. So let them make the mistake, it is not up to you to give them advice! Good luck and Merry Xmas.
PAUL

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Hi all again, bit a funny one this...................... had another letter back from Halifax Credit Card advising it does not affect my full claim if I bank the cheque they sent me for £711, and that the hearing can still go ahead on 14th Jan. So I banked it, and also sent them a letter saying I absolutely was not accepting the cheque in full and final settlement, but that I was accepting it purely as part payment and I will be pursuing the rest.

Then weird of weird. Hubby has an account with Aqua (its a subsidiary of Halifax Credit Card). His halifax credit card we are making the claim against, he closed this visa card account a few years back. But now they have sent him a letter from Aqua his other halifax credit card offering more money, i.e. £8 hundred and odd but quoting his Aqua card number and saying they would pay the money directly into his aqua card account.

Now two things:

a) hes never had any charges on his aqua account
b) hes never sent any letters to Aqua about claiming from them because hes never had any charges
c) Aqua have thanked him for his letter of complaint and made the offer to him of money paid to his aqua card, quoting his aqua card number and not the old Halifax Credit Card account.

What is going on.

Does he sign the acceptance form from Aqua and return it to get the money they are offering. Does he ignore it as hes never complained to Aqua, or what ??? Im dumbfounded as to what is going on.

Preliminary hearing is on 14th Jan against Halifax Credit Card Visa (his old one he did claim against), and so far weve banked the £711 saying we are pursuing the rest.

What is going on.................. what do we do now with relation to the letter from Aqua about a completely different card number which we have never complained about or been charged on ?????

Help, somebody, anybody ???? Fendy x

[Paule]

Re: Fendy -v- Halifax Credit Card Visa

Can you post up the letter he recieved?

Is there a date they are requesting a response by?

Personally I would sort the court case first, but take any docs relating to this Aqua with you, then if they raise this in court you can show that it is an unrelated account and has nothing to do with the current claim.

a quick thought, was this Aqua card replacing the Visa Card, ie did he just change over, as they may argue that it is a continous agreement, or that type of thing, and that as the card was replaced the credits are being put onto the replacemnt card

PKea

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

No, the aqua card didnt replace the Halifax Credit Card. The Halifax Visa account had been closed for almost a year before he reapplied and opened a new card with Aqua.

Posting letter herewith from Aqua:

Dear Mr XXXX

Aqua Visa Card No: XXXXXX (not Halifax Visa card, thats a completely different number and an old closed account).

Your case has been referred to me in my role as a customer relations manager with full authority to respond to customer concerns. thank you for allowing me the time to discuss your complaint.

Can I firstly apologise for the delay in responding to your complaint. My understanding of your complaint is that you believe our charging policy on the above credit card to be unfair and wish to be refunded with all of the charges and interest incurred on these charges since the account was opened.

When you opened your account, you agreed to our terms and conditions which explained that charges would be applied if you did not keep to the terms and conditions of the account. I am sure that you will appreciate that like other organisations, we incurr costs for administering your account for late/unpaid payment or over limit situations. The bank believes it is fair to pass these costs onto the accounts affected, rather than absorb them into other areas of the organisations, penalising all of cour customers as a result.

I have reviewed your account very carefully and I am satisfied that the charges were correctly applied. However, I m very pleased to tell you that on this occasion we are prepared to offer you a refund of charges totalling £570 as a goodwill gesture in an attempt to reach an amicable solution to your complaint. Plese not that this does not mean that we believe we are under any legal obligtion to do so.

I am also offering to refund the interest on the above charges, which aounts to £260.06. I have based my calculations on our statutory rate of 8% and not 18.36 as detailed in your letter.

I have enclowed an acceptance form for a total refnd of £830.06 (charges and interest), in full and final settlement of your complaint. Please sign the enclosed acceptance and return in the prepaid envelope enclosed. Upon receipt of this, arrangements will be made to credit this amount to your above credit card. To comply with legislation I would like to let you know that if you remain unhappy you can refer your concerns to the financial ombudsman Service. They can be contacted by telephone on 0845 080 1800 or by post at:


FOS ADDress.

You will find enclosed a leaflet providing full details of the Ombudsman service. If you wish to refer the matter to the Ombudsman you must do so within 6 months of the date of this letter.

Yours Sincerely

Customer Relations Manager:

End of letter.

But the complaint is against an old Halifax Visa Card, not the same number as numbered on the letter.

Help, anybody ????

Can we accept this amount paid back to this Aqua Card, of £830 and keep the cheque weve already banked of £711, because but for £30 quid this settles the claim in full ???? But hubbys aqua account only has a current balance of abou £200 quid on it, so they would pay off his card and have to send us a cheque for the five hundred and odd balance, which we would be happy with to stop the full claim against Halifax Visa. But it remains we never complained about this Aqua account ever. Whats going on ???

[Paule]

Re: Fendy -v- Halifax Credit Card Visa

I Think they may just be trying to pay the fees back to this card as it is an open account.

I would sort the court case first and get that settled, then deal with this letter.
The case is next monday anyway, so its only a week away and its not like you are ignoring the letter for a month.

IMO if you bank the cheque AND agree to this credit, it will bite you on the ass in court, as they may then make out you are trying to defraud them by accepting 2 settelment payments.

I would wait for others to have their input, but i would get the court case sorted first and see waht occurs there, before dealing with this

PKea

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Sound advice I feel. Thats what I was going to do but needed somebody elses input just to be sure. thanks so much.................... all advice truly and greatly appreciated. I will ignore the letter till after hearing on 14th Jan. Will have to go with hubby, Ive filed in his name, it was his card, and hes kinda shaking in his shoes. Lol Lol. I will go and hold his hand though and tell him not to worry................ xxxxx Thanks PKEA. Truly. Fendy xxxxxxxxxxxxxx

[Paule]

Re: Fendy -v- Halifax Credit Card Visa

Ive been to court against the banks and its not as scarey as you think.
The Barristers who were there representing Halifax and Barclays were nice and pleasant and helpful as well, not the ogres people sometime make out.

Just have everything ready, take your time, dont be afraid of making mistakes as your not a fully trained barister and the judge will know that.
Get there early and have a quiet read, you may find that the barristers may come and introduce themselves, and in my case tell me what they were relying on to win the case, which helps you prepare which bits you need to emphasise to the judge.

Have you checked with the court that everything is still going ahead as planned?

[Fendyweather]

Re: Fendy -v- Halifax Credit Card Visa

Well hubby just been to court and LOST. Had claim thrown out by judge saying he cant go back more than 6 years. Am fuming.................. fuming............. I personally think hes been taken advantage of. I was led to believe all along that you can go back more than 6 years if you have been subject of an act of fraud against you to which you were not aware of till now. Thats it............... Im hopping mad.
Only part of the charges are older than 6 years, some within 6 years, but judge has just said claim not valid because it goes back over 6 years, and hubby not knowing anything about the process at all, Ive been doing it all for him, just said OK THEN. Can we appeal it or what. Weve had back £711 squid so far, and charges were £680 but we were claiming contractual too. But even in the event that the judge had let it go through to trail we are still owed the 8% interest even if he wasnt allowing the contractual. Plus the £80 court filing fee. Im fuming, hopping mad.
Any ideas ??? Fendy x