Halifax credit card- do I have a case?

[nemesis45]

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?

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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

[Mjm998]

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

[Diana M]

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

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

[Diana M]

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

[nemesis45]

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