Halifax issues with charges and agreement missing

[shimeld]

Hi All.

I recently submitted a SAR to Halifax Card Services and in the cover letter explained that I want all the details so as to examine the data for charges and that I intend to reclaim any charges found.

During the waiting period I was contacted by them on the phone to say that they only charge twelve pounds something as specified by the then FSA in 2006 and that I could not claim for charges any older than this. How accurate is this and what is my next course of action?

Furthermore when the pack arrived there was no credit agreement, only a page entitled "Credit Agreement" with the terms and conditions printed on it but there was no signed agreement copy. Does this meant the agreement is un=enforcable at law?

Cheers

[FlamingParrot]

Re: Halifax issues with charges and agreement missing

Hi All.

I recently submitted a SAR to Halifax Card Services and in the cover letter explained that I want all the details so as to examine the data for charges and that I intend to reclaim any charges found.

During the waiting period I was contacted by them on the phone to say that they only charge twelve pounds something as specified by the then FSA in 2006 and that I could not claim for charges any older than this. How accurate is this and what is my next course of action?

Furthermore when the pack arrived there was no credit agreement, only a page entitled "Credit Agreement" with the terms and conditions printed on it but there was no signed agreement copy. Does this meant the agreement is un=enforcable at law?

There are two separate issues here. First the charges, £12 would be considered 'acceptable' as stated. However, you then go on to say that there was no agreement and you are looking at unenforceability. If so, there would be no point in reclaiming charges, as the idea of pursuing UE would be not to pay anything and allow the account to go statute barred. A few questions come to mind before moving further:

• When did you take out this card? Was it before April 2007?
• Did you apply online? This is relevant if you applied from 2005 onwards.
• Have you ever sent a CCA request or just a SAR? You'd normally send a separate s.78 CCA request for a copy of your agreement, if you wish to assess enforceability. Although you could post up what you got with your SAR, you'd need to send a separate CCA request to make sure that's all they hold.
• When did you last make a payment to this card?

[shimeld]

Re: Halifax issues with charges and agreement missing

Hi All.

I recently submitted a SAR to Halifax Card Services and in the cover letter explained that I want all the details so as to examine the data for charges and that I intend to reclaim any charges found.

During the waiting period I was contacted by them on the phone to say that they only charge twelve pounds something as specified by the then FSA in 2006 and that I could not claim for charges any older than this. How accurate is this and what is my next course of action?

Furthermore when the pack arrived there was no credit agreement, only a page entitled "Credit Agreement" with the terms and conditions printed on it but there was no signed agreement copy. Does this meant the agreement is un=enforcable at law?

Cheers

Hi and thanks Flaming Parrot.

Answers to your questions as follows:

• When did you take out this card? Was it before April 2007? A: Yes I believe it was
• Did you apply online? This is relevant if you applied from 2005 onwards. A: Can't remember I think I must have done but I'll check the SAR pack
• Have you ever sent a CCA request or just a SAR? You'd normally send a separate s.78 CCA request for a copy of your agreement, if you wish to assess enforceability. Although you could post up what you got with your SAR, you'd need to send a separate CCA request to make sure that's all they hold. A: Just a SAR request
• When did you last make a payment to this card? A: Last month

I hope this helps.

Cheers

[FlamingParrot]

Re: Halifax issues with charges and agreement missing

Answers to your questions as follows:

• When did you take out this card? Was it before April 2007? A: Yes I believe it was
• Did you apply online? This is relevant if you applied from 2005 onwards. A: Can't remember I think I must have done but I'll check the SAR pack
• Have you ever sent a CCA request or just a SAR? You'd normally send a separate s.78 CCA request for a copy of your agreement, if you wish to assess enforceability. Although you could post up what you got with your SAR, you'd need to send a separate CCA request to make sure that's all they hold. A: Just a SAR request
• When did you last make a payment to this card? A: Last month

I hope this helps.

One more question in view of the above: Is this a live account you haven't defaulted on, or are you making reduced/token payments or paying through a DMP?

On your opening post, you mention the lack of a signed agreement and the possibility of the account being unenforceable. You have the right to request a copy of your agreement (send a CCA request) on a live account, however, unenforceability means them not being able to obtain judgment against you in court (a CCJ) when you have defaulted on your payments. That would mean not being able to use the card anymore and having a default recorded against you on your credit file, so it really only applies to defaulted accounts.

[shimeld]

Re: Halifax issues with charges and agreement missing

No I have not defaulted and the account is up to date and live.

Cheers