Halifax credit card- do I have a case?

[charitynjw]

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

I thought this applied:


Consumer Credit Act 1974

1974 c. 39 Part VI Section 77A

You missed this bit (as [MENTION=87380]Diana M[/MENTION] previously pointed out).

77AStatements to be provided in relation to fixed-sum credit agreements

[Mjm998]

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

That's one reason for getting a copy of your original credit agreement so you can scrutinise the Ts & Cs.

The credit agreement is a two-way street which sets out the creditor's legal obligations as well as the borrower's. If the Halifax has breached any of those Ts & Cs you'll be in a stronger position to bargain over the interest charged.

If they've effectively closed your account by denying you a functioning credit card (plastic) or the ability to use your available credit (were you over the limit when it was closed?) without good reason then they may have breached those Ts & Cs.

That's why you need to send them a SAR to establish what is in the Call Log and the Transaction Log about any report of a lost card and who reported it. Perhaps it was Mr Nobody.

Was this an online only credit card account or did you simply opt for paperless billing?

Di

I have requested the SAR in writing, So we'll see what happens with that.

I was not over my limit, at the time they closed the account, I was no longer using it and paying it off monthly by this point.
At first the card had paper statements. But U added it to my halifax online current account statements, so all halifax accounts are viewed on the page and they stopped them. A year or so later, It disappeared from my online page, and I was told my account was closed and so my access had been stopped. However, despite asking theyve never changed it back to paper statements for me. I pushed them last week as to why they closed the account (being ashamed of the debt, Id always assumed that's what they did to people who owed too much!) and they said someone reported my card stolen and I never unblocked it, but I had no phone calls, letters etc and no One informed me of this at the time.
They seem very confused about my account, I've been told the account Number has changed when my card was apparently 'stollen' but I can't get them to tell me what it is, they can't 'see' the interest rate, but say it wouldn't have been raised!? Also I've been told having statements wouldn't have made any difference to me anyway, and they still haven't sent any statements, yearly or monthly ones even after me raising this formally. When I've phoned, they talk to another dept on the phone and relay answers to be but can't give me any details from more that 6months ago.

I'm really confised by this whole thing and hoping the SAR doesn't take too long as I'm still stuck paying £320 into an account that I can't see, manage or understand! Thanks for all your help btw. It's really appreciated.

[Diana M]

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

They are still not sending me statements, details of APR or backdated statements I've requested, even a few weeks after my written complaint. That's 30 months with no paperwork. Surely they aren't acting legally? How can I sort out the debt when I'm making guesses at that months interest and remaining balance?

That's one reason for getting a copy of your original credit agreement so you can scrutinise the Ts & Cs.

The credit agreement is a two-way street which sets out the creditor's legal obligations as well as the borrower's. If the Halifax has breached any of those Ts & Cs you'll be in a stronger position to bargain over the interest charged.

If they've effectively closed your account by denying you a functioning credit card (plastic) or the ability to use your available credit (were you over the limit when it was closed?) without good reason then they may have breached those Ts & Cs.

That's why you need to send them a SAR to establish what is in the Call Log and the Transaction Log about any report of a lost card and who reported it. Perhaps it was Mr Nobody.

Was this an online only credit card account or did you simply opt for paperless billing?

Di

[Mjm998]

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

access was blocked because they say my card was reported stolen btw, not due to any default on my part. They never contacted me about closing the account and I wasn't made aware of it happening. Also, I bank with halifax, and have not changed my address.

[Mjm998]

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

Also this article-
https://www.theguardian.com/money/20...efund#comments

Shows banks compensating for wrongly worded statements and yet halifax claim they are within there rights to not send me statements as there are technically online statements (that I can't see as they blacked my access to them 30 months ago.)

[Mjm998]

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

They are still not sending me statements, details of APR or backdated statements I've requested, even a few weeks after my written complaint. That's 30 months with no paperwork. Surely they aren't acting legally? How can I sort out the debt when I'm making guesses at that months interest and remaining balance?

[Diana M]

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

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

[Debt Camel]

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

[Mjm998]

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

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.

[Diana M]

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

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

[Mjm998]

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

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

[Diana M]

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

Did you have PPI on this account?

And what year did you open it?

Di

[Mjm998]

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

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.

[nemesis45]

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

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

[Mjm998]

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

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?