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Halifax credit card- do I have a case?

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  • #16
    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?

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    • #17
      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.)

      Comment


      • #18
        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.
        Last edited by Mjm998; 3rd December 2016, 09:18:AM.

        Comment


        • #19
          Re: Halifax credit card- do I have a case?

          Originally posted by Mjm998 View Post
          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

          Comment


          • #20
            Re: Halifax credit card- do I have a case?

            Originally posted by Diana M View Post
            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.

            Comment


            • #21
              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

              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #22
                Re: Halifax credit card- do I have a case?

                Originally posted by charitynjw View Post
                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?

                Comment


                • #23
                  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

                  Comment


                  • #24
                    Re: Halifax credit card- do I have a case?

                    Originally posted by Diana M View Post
                    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?

                    Comment


                    • #25
                      Re: Halifax credit card- do I have a case?

                      Originally posted by Mjm998 View Post
                      Oh, okay. Does that mean they have no obligation to give me statements then?
                      ss 78 & 86D
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #26
                        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.

                        Comment


                        • #27
                          Re: Halifax credit card- do I have a case?

                          Originally posted by Mjm998 View Post
                          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

                          Comment


                          • #28
                            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,

                            Comment


                            • #29
                              Re: Halifax credit card- do I have a case?

                              Originally posted by Mjm998 View Post
                              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.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #30
                                Re: Halifax credit card- do I have a case?

                                Originally posted by charitynjw View Post
                                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

                                Comment

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