Halifax credit card. Advice!

jonnyb1978

I have a Halifax credit card and a Halifax Bank od scotand card.
I have sent two reclaiming letters now to them both but put both accounts on the same letter and asking for the total of both cards back.
I also broke each account down in the letters.

HBOS account has no trace on their system of any letter.
Halifax only has the 2nd letter and claim a responce was sent out on the 9th Decemeber yet i have recieved nothing.

I sent both letters to Trinity Road address recorded delivery. Whats my next move?
Should i start this all over sending seperate letters to each account or just start with the court case. If they have no trace im thinking a might be making a mistake starting the court case.
Thanks

natweststaffmember

Ask for copy from HBOS and was other letter sent registered/recorded post?

jonnyb1978

Thanks
It was Halifax who said they had sent a repsonce. I phoned up and a man said he could not find out whether they had recieved it as it would not show on his computer. He said it would go straight to the financial department. Phoned back 2 minutes later and lady said it was recieved on the 8th Decemeber and responce sent out. She said i would need to phone back in office hours so she could speak to the relevant people as it did not say what the reponce was about.

I shall ring up tomorrow to find out and request another copy.

The HBOS has no trace although i clearly indicated bothe account numbers as the header. All letters sent recorded delivery.

Premier_2

jonnyb1978 wrote: »

...All letters sent recorded delivery.

Were they signed for? It's remarkable the number of letters sent by Recorded delivery that never actually get signed for, so no proof of delivery. (See MSE ebay board where it is a very common issue)

If you have proof of delivery, then you can either argue the toss with the bank, or simply just offer to send them another copy of said letter might be easier and quicker; consider it a fair exchange for the duplicate letter they will be sending you

jonnyb1978

Ok i have recieved a response from Halifax. It goes something like this.

1..I have asked for charges more than 6 years upto about 8 years.

We do not consider any claim for charges over 6 years ago. If we provide information about charges to you, this will be without prejudice to our position that any claim for charges incurred over 6 years ago is time-barred

Is this correct, can i still claim. Can i not show the court the list of charges now as they state withoutout prejudice although they sent the list months ago and nothing was mentioned then about without prejudice.

2.. I asked for all charges back.

They have offered me £52. The difference between the then said charges and £12 (What they then reduced it to after the OFT statement in 2006.

3. I have asked for any defaults to be removed.

They can not remove however you (meaning me) can send a notice of correction to the credit reference agencies to provide any extra information about details on your account.

So what now. Im looking at going down the court route so should i start proceedings or do they (the bank) have a valid point. Ca=n i still claim with the court more than 6 years etc etc

Also this letter was sent on the 9th December. They say my other account will be dealt with seperately yet i still have not recieved any response or any information has been entered on my account details. no trace. Again can i just start court proceedings with this account as this letter proves they have recieved it yet have taken no response.

Ever that inch closer
Thanks guys.

natweststaffmember

Jonnyb with regards to the £12 ones(I assume it is credit cards) then all charges are reclaimable including the £12 ones.---I hope that deals with point 2.

point 1: is that the bank charges or credit card charges?

jonnyb1978

natweststaffmember wrote: »

Jonnyb with regards to the £12 ones(I assume it is credit cards) then all charges are reclaimable including the £12 ones.---I hope that deals with point 2.

point 1: is that the bank charges or credit card charges?

Thanks. They are both credit cards.

natweststaffmember

In that case any term that is unfair under UTCCR 1999 is unenforceable in its entirety so all monies would need to be returned.
With regards to point 3(I believe the user "never in doubt" is good with regards to default removal).

jonnyb1978

natweststaffmember wrote: »

In that case any term that is unfair under UTCCR 1999 is unenforceable in its entirety so all monies would need to be returned.
With regards to point 3(I believe the user "never in doubt" is good with regards to default removal).

Thanks so if they dont up the offer its basically court procedure for the whole lot?
Also, sorry for being dozy, what do you mean in point 3. Im not to bothered about defaults as it was my own fault for going over but would be nice if they could be removed.

natweststaffmember

point 3 was default removal. You might want to go to the FOS re the credit card charges or file at court, whichever you feel comfortable doing.