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Hi
Hoping for some advice on the next step to follow.
Through a SAR request for another issue, I discovered that my Halifax credit card had PPI on it from when opened in 1995 to end 2001. I had put forward a missold PPI refund claim which Halifax instantly dismissed without proper investigation. That claim has now been referred to the FOS.
During my questioning the Halifax's PPI claim rejection decision I'd asked them to provide details of the sales documents and policy documents which they'd said they'd referred with to in order to reach their decision to reject the PPI claim. At this point Halifax replied back saying they no longer had the sales documentation to provide.
As the PPI claim amount exceeds the current debt balance I've stopped making payments and will not do so until the outcome of the FOS' investigation into my PPI complaint.
I had wanted to write to Halifax to inform them that I considered the account to be in dispute as the balance wouldn't be what it is had the PPI not been there. However I was advised by another site that I should first put in a CCA request before issuing an account in dispute letter depending on the outcome of the CCA request.
In response to my CCA request, Halifax have sent back the following 3 documents with a cover letter:
A dark copy of a single page signed application form, where one can't read the printed text.
A 9 page document titled "Credit Card Agreement Regulated by the Consumer Credit Act 1974"
An 11 page document titled "Credit Agreement Regulated by the Consumer Credit Act 1974 Halifax Visa Conditions"
The cover letter that came with the above documents states they have provided a "reconstituted version fo the executed agreement comprissing both the original and current terms and condidtions". It also states the reconstructed copies "complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983" and they "are not required to produce a copy with your signature on it".
I've gone through both agreement documents and they are clearly not the terms and conditions that were in place in 1995 when the account was opened.
I'm a bit unsure as to which letter to send to the creditor next. Is it best to send the "Missing Prescribed Terms" letter, or the "Illegible Document Received" letter, or a combination of both?
Btw the account went into default in 2010 during a period of unemployment. That was the 2nd round of unemployment after 18 months of contract work. So hadn't had enough time to get savings level back up having depleting it keeping up card repayments in the 1st round of unemployment.
Also another thing is that the default notice letter wasn't provided in either the SAR or CCA Request, and the default was applied whilst I still had a pro-rata repayment agreement with them.
Thanks
Hoping for some advice on the next step to follow.
Through a SAR request for another issue, I discovered that my Halifax credit card had PPI on it from when opened in 1995 to end 2001. I had put forward a missold PPI refund claim which Halifax instantly dismissed without proper investigation. That claim has now been referred to the FOS.
During my questioning the Halifax's PPI claim rejection decision I'd asked them to provide details of the sales documents and policy documents which they'd said they'd referred with to in order to reach their decision to reject the PPI claim. At this point Halifax replied back saying they no longer had the sales documentation to provide.
As the PPI claim amount exceeds the current debt balance I've stopped making payments and will not do so until the outcome of the FOS' investigation into my PPI complaint.
I had wanted to write to Halifax to inform them that I considered the account to be in dispute as the balance wouldn't be what it is had the PPI not been there. However I was advised by another site that I should first put in a CCA request before issuing an account in dispute letter depending on the outcome of the CCA request.
In response to my CCA request, Halifax have sent back the following 3 documents with a cover letter:
A dark copy of a single page signed application form, where one can't read the printed text.
A 9 page document titled "Credit Card Agreement Regulated by the Consumer Credit Act 1974"
An 11 page document titled "Credit Agreement Regulated by the Consumer Credit Act 1974 Halifax Visa Conditions"
The cover letter that came with the above documents states they have provided a "reconstituted version fo the executed agreement comprissing both the original and current terms and condidtions". It also states the reconstructed copies "complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983" and they "are not required to produce a copy with your signature on it".
I've gone through both agreement documents and they are clearly not the terms and conditions that were in place in 1995 when the account was opened.
I'm a bit unsure as to which letter to send to the creditor next. Is it best to send the "Missing Prescribed Terms" letter, or the "Illegible Document Received" letter, or a combination of both?
Btw the account went into default in 2010 during a period of unemployment. That was the 2nd round of unemployment after 18 months of contract work. So hadn't had enough time to get savings level back up having depleting it keeping up card repayments in the 1st round of unemployment.
Also another thing is that the default notice letter wasn't provided in either the SAR or CCA Request, and the default was applied whilst I still had a pro-rata repayment agreement with them.
Thanks
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