Advice needed on Halifax Credit Card Please

[dmegram]

Hi i owe nearly 5k on a halifax credit card, i am in an arrangement paying a small amount each month, the card goes back to 2002, and i have been charged loads of late fees, etc, i thought i would try an claim them back, and pay it off the debt,,, when i am looking through all my statements (my wife keeps everything) i have noticed a fee which went out every month called a card repayment cover fee!!!, what is this, i dont even know what it is, why am i paying it, i didn't ask for this, i did not know about it until tonight, and this has gone on since 2002.

any advise would be gratefully received.

 

thanks

[dx100uk]

yep you've guessed right its ppi

 

reclaim it and dont forget comp int at their rate & then add stat 8%

 

you can also do this for the charges.

 

go get 'em!

 

dx

[BankFodder]

Send them a statutory request for the CCA.

 

Send them a SAR to request all account information back to the beginning - unless you already have this and claim back all of the charges and associated interest which they have levied on those charges.

 

Send the SAR anyway because you want to see the appication or some evidence that you did not ask for the PPI. Once you have this, start claiming it back. yhou can either go the Ombudsman rout which will take as long as 15 months and will get you your money and 8% interest or else you can go the court route which will be much quicker and could getyou retsitutionary damages - which will give you a much bigger pay out.

You decide.

 

Whatever you do, write them a formal letter putting the account in dispute because as soon as you start making statutory requests, it is likely that they will start retaliating against you.

[GARY68]

Hi Dmegram

when you have your subject to access you can pick out your payment protection fees ,put them into a spread sheet and use the compound calculator to add the interest(could be 26%) and then the 8% interest.

Compound interest calculator

when you have done this you should send your spread sheet and could amend to suit the letter below.

GOOD LUCK,and come back for advice.

 

HBOS PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

DATE

 

Dear Sir/Madam,

 

Re: Halifax credit card Re: xxxx xxxx xxxx xxxx

(Payment Protection No xxxxxxxxxx)

 

The Payment Protection Plan Insurance was attached to the above Halifax account on the xx/xx/2002 I was not made aware that this was optional and I cannot remember ever agreeing to have it attached to the account,

 

After viewing the subject to access statements supplied to me on the xxxxxx 2009 , I believe that I was mis-sold a Payment Protection Plan for the reasons stated below, and wish you to investigate my complaint according to your complaint procedures.

 

At the time the ppi was applied to the Halifax card I have never received any policy documents, or a copy of the terms and conditions. Furthermore the policy exclusions were not explained to me either before or at the time the card was issued. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

I have no recollection of even applying for any payment protection policy and was unaware I had this until a review of my subject to access files It is my belief that there is no evidence that I neither applied nor wanted the ppi and find it hard to believe that sales staff have not benefited from a commission on this.

Your advisor at the point of sale has obviously failed to apply the appropriate duty of care to me as a customer in this instance.

 

It was not explained to me that the policy premium would be added to the monthly statements and that my debt would increase as the premium would attract monthly interest.

As I now know it was not mandatory, I am now of the opinion, after researching the mis selling of Payment Protection Insurance, that I am entitled to claim back the premiums paid plus the interest applied to those premiums.

If my compliant is upheld I will require a refund of all premiums paid on the policy, plus the additional interest charged to me because of the PPP. I will also require the statutory interest at 8% in view of the fact that I have been deprived of the use of this money. (spreadsheet enclosed)

Please now investigate my complaint within the eight weeks allowed to you. Please also confirm in writing acknowledgement to this letter.

 

Yours sincerely,

[dmegram]

hi, thanks for the replys,

my wife also had a credit card from 2002 with them which we managed to close, and i have checked it, and this also has the mysterious credit card repayment cover.

 

can i ask,on both our accounts i noticed after the march 04 statements the card repayment cover fee seemed to stop appearing on our statements, leading upto then it was always printed ,so now i am a bit unsure what to do.

 

regards

[dx100uk]

well if you were not being charges for it .... you cant reclaim it

 

time for an SAR me thinks...

 

dx

[dmegram]

ok, but i can claim for the 2 year they was charging me, is that right

[dx100uk]

as long its with 6yrs yes

 

and dont forget comp int + stat 8%

 

dx

[livingdeadguy]

Is it possible to reclaim all charges? and on what grounds can yo do this?

Also i read somewhere that you can only reclaim the difference over £12 ?

[GARY68]

Is it possible to reclaim all charges? and on what grounds can yo do this?

Also i read somewhere that you can only reclaim the difference over £12 ?

 

creditors believe their charges are in line with the Office of Fair Trading Guidelines. to charge £12 fees. OFT did not give them permission to charge £12.00 this is the quote from OFT

“We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

 

In order for them to charge £12.00 they must demonstrate to that it cost £12

they will come up with their charges are" "fair" "bit and on a second letter most pay near enough them charges back or at least the difference ,but if you put in a court claim they will pay up as they cant justifie them still.

[livingdeadguy]

just out of interest if it comes to it is there a guide on how to do a court claim?

[dx100uk]

it wont go to court, nevver does they cough just before the hearing.

 

anyhow

get reclaiming, the longer you leave it, the more old charges drop off the 6yrs limit

dx