Consumer rights - credit card Halifax- I need help

michellejm

Sorry- this is so long

Im currently dealing with a complaint regarding my halifax credit card. I've already got a post on the debt free wannabe section but wondered if anyone here could help me with my consumer rights.
I got into debt on this card 9 years ago when I was young. Been paying it off for the last 5 years. 320 every month, which is still only reducing the balance by less than £400 per year. 26 months ago Halifax stopped my statements and closed my account as they say my card was reported lost and I never contacted them (it was never lost, wasn't used at this time and I had no letter) I rang a few times and and asked about statements but was told I can't see them as my account is closed and I thought that was the way it worked. Anyway, I phoned for a recap last week and was told the could not tell me my Interest rate, and could not see further back then 6 months, but in the last 6 months I've paid £1980 and £196 has come off the balance,
Still no statements.
I was told by some helpful people on the debt free board to.cmplain as under section 77a of the consumer credit act they have to tell me my APR and provide me with statements. Halifax have said they have done nothing wrong as the statements existed online but I just couldnt see them and offered me £180 pound (I've said no, I'm not satisfied with that!) any ideas on what I can do next or is it just straight to FOS? And do I stand a chance with them? thanks in advance

naedanger

michellejm wrote: »

... any ideas on what I can do next or is it just straight to FOS? And do I stand a chance with them? thanks in advance

Not just straight to FOS.

Instead you must first follow Halifax's own complaint procedure. It will probably be on their website. If not then ask them for a copy. FOS will not normally look at a complaint unless you have exhausted a company's own complaint process.

I suggest you keep everything in writing (and ask for Halifax to respond in writing so that you have evidence of what is said). At the end of their process (or after 8 weeks from starting their complaint process) you can take your complaint to FOS.

It is worth complaining to FOS. You will only know if you have a chance if you complain to them. Don't be discouraged if the Halifax say you have no chance. They will say that to everyone, yet will lose a significant number of cases at FOS.

michellejm

naedanger wrote: »

Not just straight to FOS.

Instead you must first follow Halifax's own complaint procedure. It will probably be on their website. If not then ask them for a copy. FOS will not normally look at a complaint unless you have exhausted a company's own complaint process.

I suggest you keep everything in writing (and ask for Halifax to respond in writing so that you have evidence of what is said). At the end of their process (or after 8 weeks from starting their complaint process) you can take your complaint to FOS.

It is worth complaining to FOS. You will only know if you have a chance if you complain to them. Don't be discouraged if the Halifax say you have no chance. They will say that to everyone, yet will lose a significant number of cases at FOS.

I think I am almost at the end of Halifax's complaint procedure as I've turned down their offer (£180- less than £7 per month!) should I say I want all communication inwriting from this point?

naedanger

michellejm wrote: »

I think I am almost at the end of Halifax's complaint procedure as I've turned down their offer (£180- less than £7 per month!) should I say I want all communication inwriting from this point?

If it is clear you have been complaining (so if you have expressed clear dissatisfaction) then they should already have been treating your complaint according to their own complaint process. However often they don't.

I suggest you write back (email is fine) saying you are still unsatisfied with their response and remind them that the solution you require is [and say what you want them to agree to]. Ask them to confirm they have been treating your complaint in line with their complaint procedure and to confirm the matter has now reached deadlock and that you can take the matter to the Financial Ombudsman Service. [Note you should use the actual word "deadlock" as that is the word FOS uses when a company's complaint process has ended without agreement.]

If you don't have correspondence (that you can forward to FOS) that clearly explains what your complaint is, and what you require of Halifax, then I suggest you repeat your complaint in writing now. (You want FOS to understand your complaint and see that Halifax have not provided a reasonable remedy. Ideally you also want to show that the Halifax has handled matters badly.)

I would end by saying you require their response in writing so that you have evidence of what is said.

BJV

I had a nightmare with Halifax. Got into debt and even though I never missed a payment they kept putting the interest rate up. Paid them off and they rejected one of the cheque's because they had altered it ????? then they "lost " the payment ?????

Shame is like me you where paying it off. You had not buried your head and are trying to do the right thing.

They are useless.

Just go to the ombudsman.

michellejm

naedanger wrote: »

If it is clear you have been complaining (so if you have expressed clear dissatisfaction) then they should already have been treating your complaint according to their own complaint process. However often they don't.

I suggest you write back (email is fine) saying you are still unsatisfied with their response and remind them that the solution you require is [and say what you want them to agree to]. Ask them to confirm they have been treating your complaint in line with their complaint procedure and to confirm the matter has now reached deadlock and that you can take the matter to the Financial Ombudsman Service. [Note you should use the actual word "deadlock" as that is the word FOS uses when a company's complaint process has ended without agreement.]

If you don't have correspondence (that you can forward to FOS) that clearly explains what your complaint is, and what you require of Halifax, then I suggest you repeat your complaint in writing now. (You want FOS to understand your complaint and see that Halifax have not provided a reasonable remedy. Ideally you also want to show that the Halifax has handled matters badly.)

I would end by saying you require their response in writing so that you have evidence of what is said.

I sent a formal written complaint in line with MSE guidelines. I told them yesterday that I want a written response but she said she'll ring
Me today, maybe I should answer and say I want this to proceed in writing from this point?

naedanger

michellejm wrote: »

I sent a formal written complaint in line with MSE guidelines. I told them yesterday that I want a written response but she said she'll ring
Me today, maybe I should answer and say I want this to proceed in writing from this point?

Yes. I suggest you email them now saying you require all future communication about your complaint, as set out in your [email/letter] of dd/mm/yy, to be in writing so that you have evidence of what is said. Therefore you need their response to your [letter/email] to be in writing.

{If they refuse then you add that point to your complaint to FOS. FOS will expect companies to deal in writing if requested to do so.}

michellejm

naedanger wrote: »

Yes. I suggest you email them now saying you require all future communication about your complaint, as set out in your [email/letter] of dd/mm/yy, to be in writing so that you have evidence of what is said. Therefore you need their response to your [letter/email] to be in writing.

{If they refuse then you add that point to your complaint to FOS. FOS will expect companies to deal in writing if requested to do so.}

Thank you, have sent them an email.

takman

BJV wrote: »

I had a nightmare with Halifax. Got into debt and even though I never missed a payment they kept putting the interest rate up. Paid them off and they rejected one of the cheque's because they had altered it ????? then they "lost " the payment ?????

Shame is like me you where paying it off. You had not buried your head and are trying to do the right thing.

They are useless.

Just go to the ombudsman.

You should have rejected the interest rate increase and closed the account and then you could have paid the balance down on the original rate of interest. Why would you accept interest rate increases when you have a large balance on the card?.

BJV

takman wrote: »

You should have rejected the interest rate increase and closed the account and then you could have paid the balance down on the original rate of interest. Why would you accept interest rate increases when you have a large balance on the card?.

I would of loved to but long story short I started my own company. No bank would lend me anything so I self funded. Got into debt. As soon as the company could pay me back it did but because of the amount of debt I had my credit score was not fantastic so I could not get a card and balance transfer.

It was a big lesson for me. Conversely Barclay-card where amazing. Halifax well ??? lets say after trying to talk to their customer service department I can completely understand the issues that the Op is having.

In fact it was only when I made an official complaint it got sorted. At one point the had had the full balance for two months and out my account in the hands of a debt collection agency because they had not allocated the money. I had a smarmy collections agent telling me that everyone says that they have just paid it off.

Good luck Op it took me about 4 months to sort it out.

michellejm

BJV wrote: »

I would of loved to but long story short I started my own company. No bank would lend me anything so I self funded. Got into debt. As soon as the company could pay me back it did but because of the amount of debt I had my credit score was not fantastic so I could not get a card and balance transfer.

It was a big lesson for me. Conversely Barclay-card where amazing. Halifax well ??? lets say after trying to talk to their customer service department I can completely understand the issues that the Op is having.

In fact it was only when I made an official complaint it got sorted. At one point the had had the full balance for two months and out my account in the hands of a debt collection agency because they had not allocated the money. I had a smarmy collections agent telling me that everyone says that they have just paid it off.

Good luck Op it took me about 4 months to sort it out.

Thank you, all the advice on this board is helping me a lot. Glad you finally got your problem with them sorted x