woo v halifax credit card

[woozie]

Hi, I've sent sar, had list of charges, sent prelim and lba with schedule of charges. i didn't ever recieve any t+c's, do i just copy the POC anyway? bit baffled!!!

[Paule]

Re: woo v halifax credit card

HI and Welcome

there are links to the various guides in my signature below

Have a read through then give us a shout it you need anymore help

PKea

[woozie]

Re: woo v halifax credit card

thanks! wish i'd visited this site before now!!

the sar letter i sent didn't have any reference to anything bar a list of charges and or statements. should i start again with the sar i found on here?

[Paule]

Re: woo v halifax credit card

Ok, if you have a list of all your charges that will suffiecient for claiming them back.
although there may be PPI that you could claim as well.

So you have sent a SAR request and you have a list of charges

You then sent a prelim. what was there response, if any?

You then sent a lba. what was there response, if any?

You are now ready to file at court

Is that the postion you are in now

[woozie]

Re: woo v halifax credit card

they offered the difference of the £12 on the charges was the response to the prelim, no response to the lba as yet and yes i'm a day past the date i should have filed a claim in court whats ppi?

[Paule]

Re: woo v halifax credit card

PPI is Payment Protection Insurance

It is designed to cover your payments if you become unemployed or ill etc.

In some cases it has been mis-sold in which case you may be able to claim these payments back
Have a read of the guides here PPI - payment protection insurance - Legal Beagles

Back to your original post and

do i just copy the POC anyway? bit baffled!!!

I would suggest you have a read through the guides and understand the reasons that you are bringing the claim, feel free to ask if you dont understand something and we will help, because there is every chance that you may have to appear in court and you will have to argue your case.

Can you post up what letters you sent, or whose templates you used so we can see how you have approached your claim

PKea

[woozie]

Re: woo v halifax credit card

OK, I didn't have ppi.

this was the SAR minus my details.



Halifax Card Services
Pitreavie Business Park
Dunfermline
Fife
KY99 4BS

6/5/2009

Data Protection Act 1998
Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER:

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.

Yours faithfully,



and this was the prelim...

Halifax Card Services
Pitreavie Business Park
Dunfermline
Fife
KY99 4BS

1/06/09




Dear Sir/Madam,

CARD/ACCOUNT NUMBER:

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £826.00 plus £188.49 which you have charged me in interest for the sums which you have taken. Total £1014.49

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Yours faithfully,


and this the LBA...

Halifax Card Services
Pitreavie Business Park
Dunfermline
Fife
KY99 4BS

18/06/09


Dear Sir/Madam,

CARD/ACCOUNT NUMBER:

You have failed to respond to my letter dated the 1/06/2009 positively.

As I previously stated, I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £826.00 plus £197.479 which you have charged me in interest for the sums which you have taken. Total £1023.79

I do not accept your offer of £286.00 in your letter dated 10/06/2009

I require repayment in full of this money. If you do not comply fully within 14 days, I will begin a claim against you for the full amount plus interest, plus my costs, without further notice.

I have enclosed a copy of the original letter sent and a further copy of the revised charges in question.

Yours faithfully,

[woozie]

Re: woo v halifax credit card

i had a friend helping me who is unavailable now, i've done it all wrong haven't i?!

[Budgie]

Re: woo v halifax credit card

Nope, what you have done is fine.

Next step is to file your claim at Court, after which I am sure you will find that Halifax settle pretty quickly.

Will leave it to Pkea to point you in the direction of a suitable POC to use and to assist you further with the PPI, if it becomes necessary.

Budgie

PS May I suggest that you prepare a spreadsheet detailing your charges etc etc so that we can work out exactly what you are entitled to claim. You will need to do this for submission as part of your court claim anyway.

You will find spreadsheets, suitable for this, on the site in the spreadsheets and calculators section.

[woozie]

Re: woo v halifax credit card

PHEW! thanks for the reassurance!

i hope they settle up quickly.. i'm due to have my baby next tuesday!! could really do with the money back

[Paule]

Re: woo v halifax credit card

Hi Woozie

Good luck with the baby, we're expecting ours in August but it will probably make an appearance towards the end of this month.

The info for the court claim is here Legal Beagles

And as Budgie says, make sure you use one of the calculator spreadsheets as this will work out the 8% interest rate to add to your claim as well.
I am presuming you used one to work out your charges in the first place.

Just edit it to suit your details, and you can post it up here, so we can check it over for you before you send it, if you want

PKea

[woozie]

Re: woo v halifax credit card

babies cant come too soon in this weather! :flame: its like having a hot water bottle strapped to you!! congrats to you in advance hey

just so i'm clear.. i should remove section 4, 5, and 6 of the POC there? as i don't have any t&c and didn't request them?

[Paule]

Re: woo v halifax credit card

just so i'm clear.. i should remove section 4, 5, and 6 of the POC there? as i don't have any t&c and didn't request them?

Yeah thats right, like I said once you edited it to suit feel free to post it up and we can give it the once over for you

PKea

[woozie]

Re: woo v halifax credit card

thanks ever so much kind sirs