Credit Card statements not sent

Le_Pip
Le_Pip Forumite Posts: 25 Forumite
I was wondering if anyone has any thoughts on this. For an extended period Halifax did not send me any credit card statements, though I continued to pay.

I've read a lot recently about companies not being able to charge interest under a CCA regulated agreement if they're not sending statements.

Do you think in this case I would be able to ask them to waive the interest the changes me in the period where staters were not being sent. Hey have already admitted fault.

Thank you in advance.

Le Pip
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Comments

  • Hominu
    Hominu Forumite Posts: 1,671 Forumite
    Try it, but be prepared for them to say you could obtain the information in other ways.
  • YorkshireBoy
    YorkshireBoy Forumite Posts: 31,541
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    Take a look at condition 15.6 of your agreement with them.

    It says two things...

    1. You must pay them even if you don't receive a statement, and

    2. You must let them know as soon as possible if you don't receive a statement.
  • jonesMUFCforever
    jonesMUFCforever Forumite Posts: 28,898
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    I bet the statements were sent (if the account was live anyway) but may not have been delivered which is a total different thing.
    In any case they can be viewed online.

    The debt is enforceable and we suggest you read more of this site - it is probably more accurate.
  • Le_Pip
    Le_Pip Forumite Posts: 25 Forumite
    Er, where have I said the debt is not enforceable or that I've not paid? Halifax admitted an internal mistake In writing and that statements were not sent. Nor do I have have access to online banking so I had no access to statement.

    I was just asking given the recent interest refunds by Barclays as they'd not followed CCA requirements so it was a simple question of did Halifax shoot themselves in the foot when they cocked up my account and stopped sending me statements detailing interest and charges.
  • jonesMUFCforever
    jonesMUFCforever Forumite Posts: 28,898
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    Sorry I will resubmit my amended reply to your query here.

    No you cannot get the interest waived on the amount owed.
    If it got to court I would expect a judge to ask you 2 questions ;
    1 Did you spend the money owed?
    2 Why did you continue to pay?

    Why do you not sign up for internet banking?
    It is free and simple to do - even I have done it.
    When you do I suspect the statements will be on there - if so it weakens your already weak argument.
  • sistafromanothermista
    sistafromanothermista Forumite Posts: 2,230
    Eighth Anniversary 1,000 Posts Combo Breaker Debt-free and Proud!
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    Sorry I will resubmit my amended reply to your query here.

    No you cannot get the interest waived on the amount owed.
    If it got to court I would expect a judge to ask you 2 questions ;
    1 Did you spend the money owed?
    2 Why did you continue to pay?

    Why do you not sign up for internet banking?
    It is free and simple to do - even I have done it.
    When you do I suspect the statements will be on there - if so it weakens your already weak argument.


    The main point here.
    Why not? You obviously have the internet.
    DEBT FREE AND PROUD:D
    'Better to remain silent and be thought a fool than to speak out and remove all doubt'
  • Le_Pip
    Le_Pip Forumite Posts: 25 Forumite
    I just thought I'd update the thread. I did some research and found that for credit cards where there is a payment due there is a requirement under the CCA to send statements. I spoke with Halifax and they confirmed an internal error meant statements were suppressed for a period due to an incorrect update at their end. £1,519.73p interest refunded for the time statements were not sent as they were not allowed to charge this as they breached the CCA. Hurrah.
  • Gromitt
    Gromitt Forumite Posts: 5,063 Forumite
    Well done, you did your research, forced Halifax into a corner and got them to refund interest.

    It does make me wonder however how much you have borrowed to get interest of over £1500.
  • Le_Pip
    Le_Pip Forumite Posts: 25 Forumite
    The event happened some time ago so it was the recalculation over several years and post statement being put back on recalculation of remaining interest.
  • bengal-stripe
    bengal-stripe Forumite Posts: 3,348
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    Le_Pip wrote: »
    The event happened some time.......over several years

    Are you so disorganized and you never noticed over all these years or are you particular crafty and kept schtum deliberately?
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