Halifax credit card- do I have a case?

[Mjm998]

Sorry- this is so long

Im currently dealing with a complaint regarding my halifax credit and wondered if anyone here could help me with my consumer rights.
I got into debt on this card 9 years ago when I was young. Been paying it off for the last 5 years. 320 every month, which is still only reducing the balance by about £380 per year. 26 months ago Halifax stopped my statements and closed my account as they say my card was reported lost and I never contacted them (it was never lost, wasn't used at this time and I had no letter) I rang a few times and and asked about statements but was told I can't see them as my account is closed and I thought that was the way it worked. Anyway, I phoned for a recap last week and was told the could not tell me my Interest rate, and could not see further back then 6 months, but in the last 6 months I've paid £1980 and £196 has come off the balance,
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, they offered me £180 pound (I've said no, I'm not satisfied with that!) any ideas on what I can do next or is it just straight to FOS? And do I stand a chance with them? I have paid every month and tried to keep up my side of the deal but feel trapped in this paper work free debt. thanks in advance

[Debt Camel]

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

They shouldnt raise interest on a closed account. And when they raise interest, they should inform you because you have the right to reject the increase and close your account instead, paying off the balance at the current rate, not the higher one. So you should definitely be asking for all the extra interest to be refunded,

[Mjm998]

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

Thanks- I've already filled in the online form on Monday, - and stated points 1 and 2. (They emailed me at 10 on Wednesday saying they'd get back to me within 2 weeks)
However, point 3 is interesting, the paperwork and statements before Feb 2014 has no APR on it. Just amount paid, balancecetc. (I'm pretty sure it was 18.9 but have no paperwork that shows this) then in Feb 2014 (which is when I believe they stopped statements and is when the account was closed but they claim Nov 2014) 29.9% is shown. So it's difficult for me to say when interest is raised as the paperwork does not show APR prior to 2014 and they have only supplied me with statements from mid 2013. Should I send this to FOS as additional info?

[Debt Camel]

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

Your complaint isn't tenuous, I think it's worth taking to the Ombudsman, but I think it needs to be clear. There are I think two points to make separately.

1) you haven't had statements for 27 months despite asking repeatedly for these. You have been trying to sort out your finances and for this you wanted to know the interest rate. If you have been overpaying debt with a lower interest rate stress this, as if you had known what they were charging you would have been paying less to that other debt and overpaying the Halifax!

2) for some months (name them) the minimum was less than the interest being added. You think this is unfair as it means you have been getting deeper into debt. You also thought it was against the Lending Code which the Halifax subscribes to. If you had been getting your statements earlier, you would have spotted this!

You will help your argument here if you can switch to overpaying the card consistently. As much as possible without getting into more debt elsewhere. This will show what you could have been doing earlier if you had statements.

Lastly, you have obviously got a large balance. Did the Halifax raise your credit limit without asking you? They should have checked that the new limit was going to be affordable for you. If you think it wasn't, you may have a complaint about irresponsible lending, see http://debtcamel.co.uk/refunds-catalogue-credit-card/

[Mjm998]

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

I've had a final response letter from halifax. They acknowledge that they didn't supply statements and that I rang on 'numerous occasions' and was wrongly told that I was not eligible to get statements. They also say that they wrongly marked my card as stollen. However they say that they have no intention of repaying me any charges or interest, as on my payment record, they don't think statements would have made any difference to my ability to resolve the debt. They've offered £200 (my interest/charges from my period without statements amount to £12300) . Any advice about what to do now. Is there any point going to the FOS or is my complaint to tenuous?

[Mjm998]

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

I have received 3 years worth of back statements through the post (still waiting on the rest of my info!!) these show that my APR is 29.9% and the minimum required monthly payment was less than the interest charged on some months! This makes it a little clearer to me why my balance has reduced at such a ridiculously slow rate, as despite paying at least £320 per month the debt has, on some months, continued to rise. Feeling a little bit trapped by all this.

[Mjm998]

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

s78(4) requires yearly statements plus periodic statements (usually your monthly bill).
s78(1) & (6) is for written requests.

Thanks for that charity. I guess I'll keep pushing on and see what the SAR brings as they are not supplying either. X

[charitynjw]

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

thanks. It's all a bit confusing to me tbh. But I have no arrears, so 86d doesn't seem to apply, and 78 just seems to say yearly (which I haven't received) . But not sure whether I have strong enough reason to get the FOS onside. I guess I shall see what the SAR shows.

s78(4) requires yearly statements plus periodic statements (usually your monthly bill).
s78(1) & (6) is for written requests.

[Mjm998]

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

No, it wasn't.
Their exact words were- it was reported lost or stollen. But they couldn't tell me any further detail or explain why I wasn't contacted,

[Diana M]

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

I have the card

So it wasn't stolen

Maybe they are referring to identity theft or a hack of your online account which compromised your security? They would block it for that reason.

Di

[Mjm998]

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

thanks. It's all a bit confusing to me tbh. But I have no arrears, so 86d doesn't seem to apply, and 78 just seems to say yearly (which I haven't received) . But not sure whether I have strong enough reason to get the FOS onside. I guess I shall see what the SAR shows.

[charitynjw]

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

Oh, okay. Does that mean they have no obligation to give me statements then?

ss 78 & 86D

[Mjm998]

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

Do you still have the last card issued even if it's past the expirey date? That would prove it wasn't stolen

Do you believe that the amount you pay each month covers the minimum payment due which is why you've not been defaulted? If so then maybe any decision to increase those payments could wait until you have the full facts in front of you.

They've offered you compensation which suggests they're aware that the management of your account by them has not been impressive.

See what shows up in the SAR.

Di

I have the card, and I am apparently always covering at least the minimum amount according to halifax. I can't get my head around the face that they can get away with giving me no paperwork, refusing to tell me my APR? It feels like a loan shark to me. How is that ok?

[Diana M]

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

Do you still have the last card issued even if it's past the expirey date? That would prove it wasn't stolen

Do you believe that the amount you pay each month covers the minimum payment due which is why you've not been defaulted? If so then maybe any decision to increase those payments could wait until you have the full facts in front of you.

They've offered you compensation which suggests they're aware that the management of your account by them has not been impressive.

See what shows up in the SAR.

Di

[Mjm998]

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

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

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

Oh, okay. Does that mean they have no obligation to give me statements then?