FOS upheld complaint but refund is ridiculous - any advice please!!

messedaroundbyhalifax

I recently had my Halifax Credit Card ppi claim upheld by the FOS after several rejections by Halifax. The FOS advised that Halifax would have to pay back all of the ppi payments plus 8% interest.

My credit card and ppi date back to August 2002, and with the exception of 6 months or so the account has always been in debit to the tune of anywhere between £1000 and £200.
However the offer letter I received from Halifax yesterday was for £39.07, this was supposed to be all of the ppi premiums from the last 10 years plus interest!
When I called to query the amount I was told that I would have to prove that I'd paid more and that I could request a SAR to see if it would help. I don't have the statements going back that far, and the statements I've got going back to 2008/9 don't even show the ppi premiums. I called the FOS to let them know what had happened and they said that the Halifax had maybe made an offer based on all of the information they had and that it was up to me to prove it was wrong. I explained that the account had been in debit for 10 years and asked if the offer didn't seem a bit low to her and she said it did, but if Halifax only have evidence of a few years for example then that was all they could offer. Surely this means that they can just offer £20 to everyone and say they don't have all the evidence on file!?

I have wrote back to Halifax asking how they came to that sum, the only 'breakdown' they provided was PPI premiums £39.00, interest £0.39. I have also requested a SAR to see if that will shed any light on it. I do have a transaction list in my files from 2004 which shows that for the month of January I paid £3.93 for credit card repayment cover and since the balance wasn't reduced by more than £30.00 that year I would have paid more than £39.00 for that year alone.

Any advice on where to go from here?

dunstonh

When I called to query the amount I was told that I would have to prove that I'd paid more and that I could request a SAR to see if it would help.

Not sure how a SAR would help. If Halifax had the data then they would use it.

I don't have the statements going back that far, and the statements I've got going back to 2008/9 don't even show the ppi premiums.

That indicates you didnt pay PPI for that period.

I called the FOS to let them know what had happened and they said that the Halifax had maybe made an offer based on all of the information they had and that it was up to me to prove it was wrong.

They can only refund what can be proven what was paid.

Surely this means that they can just offer £20 to everyone and say they don't have all the evidence on file!?

No it doesnt. They refund what you can see you paid. Typically, firms destroy old data that is no longer required. 6 years is the most common timescale as recommended by the FSA (in this area). So, lets say they have 6 years worth of statements, they will refund all the premiums paid in that 6 year period. no more, no less.

Any advice on where to go from here?

If they no longer have old records and you dont have them then unless they offer a goodwill payment you have no where else to go.