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  • Halifax PPI offer - is it correct?

    If I am posting in the wrong place please move me.

    Quick background:
    (again, for a friend)

    Halifax Credit Card
    Balance at default approximately £13,000
    Commenced 2003
    Defaulted 2006
    Sold to Cabot
    F&F agreed and paid to Cabot in 2012 = £3300.

    Immediately after the F&F payment was made a PPI reclaim was made to Halifax. As expected, this was rejected. Three very firm letters later, Halifax agreed the PPI was mis-sold.

    Halifax are offering a payment of £2787.20, which is made-up as follows.

    Refund of premiums: £2145.14
    Refund of interest applied to PPI: £661.26
    Total interest at 8% until 9th Aug 2006: £30.80

    9th Aug 2006 was the date the account was 'passed to recoveries', according to their letter. This means they are only offering the 8% interest up to that date.
    Does this seem right?
    I cannot find any reference in the FSA handbook on PPI Complaints relating to a terminated credit card account.

    My thinking is:
    If their mistake with mis-selling of the PPI had been discovered in 2006 the refund due would have been some £2700 at that point. To retain this amount for a further six and a half years and then not pay the 8% interest on it does not seem right.

    Their offer letter says:
    This represents a refund of all the PPI premiums paid (inclusive of interest), plus simple interest at 8% for any period where your account was in credit, or from the date of the card being closed to the date of payment. This has also been adjusted by other factors that are relevant to your circumstances.

    It subsequently goes on to say:
    As your account was passed to Recoveries on 9 August 2006 we have calculated your refund at this date. We can confirm that any subsequent payments you have made to your account would not affect our calculations.

    Views or further guidance will be much appreciated.

  • #2
    Re: Halifax PPI offer - is it correct?

    Well as you became aware of the missale & of the subsequent claim/refund in 2012; they'd pay interest until 2012.

    Plus 6 years interest could be a few hundred quid so worth arguing it. Of course as the account is SETTLED the bank have no right to do anything with the refund other than return it you via cheque.

    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #3
      Re: Halifax PPI offer - is it correct?

      Thanks Niddy, that is my thinking but somehow I am struggling to get my head around it. As always, they sound so damned cock-sure of themselves in their letter.

      The difference is over £1400 so worth making a fuss about. It must be quite a common scenario so it is a pity the FSA guidance doesn't use it as one of their examples.

      Comment


      • #4
        Re: Halifax PPI offer - is it correct?

        You don't need guidelines. It's clear as muck.

        You get interest up until the point you became aware of and applied for a refund based on the missale.

        You should reject it and look at the FOS

        NB: no need to tell the FOS the history etc all they need to know is the account was SETTLED last year and you then learned about the ppi etc so are reclaiming. That's it.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: Halifax PPI offer - is it correct?

          As Niddy states go the FOS
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Halifax PPI offer - is it correct?

            Hellooooo


            And thank you folks.
            I shall take a looksie at it now.

            Comment


            • #7
              Re: Halifax PPI offer - is it correct?

              Hiya Do they mean?

              Well I must agree with Niddy.
              There is interest to add all the way and not just the fact that it was passed on to recoveries in 2006, there is something quite not right about this.

              Maybe your friend could write one more time to question this and give them 14 days, if your friend hears nothing by 14 days, then yes complain to the FOS. The FOS will also be expecting them to pay interest all the way, that should be standard procedure.

              So is the refund actually being awarded to your friend, or are they using it to reduce any debt owed?
              If Halifax sold the account on with all liabiliities, as far as I'm aware this is nothing to do with Cabot.

              Comment


              • #8
                Re: Halifax PPI offer - is it correct?

                Originally posted by di30 View Post
                So is the refund actually being awarded to your friend, or are they using it to reduce any debt owed?
                If Halifax sold the account on with all liabiliities, as far as I'm aware this is nothing to do with Cabot.
                Halifax sold the account to Cabot. I negotiated a F&F with Cabot before I (she) made the PPI claim so that any PPI refund would not go to Cabot.

                If we can get this up from £2700+ (by getting 6+ years of 8%) the result will be £13,200 of debt gone and a profit of about £800 on the total deal.

                Now that would be Poetic justice in the extreme.

                Comment


                • #9
                  Re: Halifax PPI offer - is it correct?

                  Right, the letter has gone off today asking for a detailed breakdown of the offer and asking why the 8% stopped in August 2006. I have also said that any payment they make in the meantime will be regarded as a partial settlement. They have 14 days to respond.

                  I guess it will be with the FOS before they reply.

                  Comment


                  • #10
                    Re: Halifax PPI offer - is it correct?

                    The best of luck!

                    Comment


                    • #11
                      Re: Halifax PPI offer - is it correct?

                      Originally posted by Do They Mean Me? View Post
                      Halifax sold the account to Cabot. I negotiated a F&F with Cabot before I (she) made the PPI claim so that any PPI refund would not go to Cabot.

                      If we can get this up from £2700+ (by getting 6+ years of 8%) the result will be £13,200 of debt gone and a profit of about £800 on the total deal.

                      Now that would be Poetic justice in the extreme.

                      You are on the right lines for sure, in accepting the payment in PART settlement of the claim and asking for a detailed breakdown of how they have arrived at their redress figure.

                      As the others say you are being short changed here.

                      Do you / your friend have copies of all the statements going back to when the account was opened?

                      If so brilliant (let me know) and if not SAR them and see what comes back,however they might try to hide behind the 6 year rule on what / how far they have to go back.

                      You are entitled to the refund of PPI premiums + any contractual interest applied to these charges by them ,up until the point the account was settled and then 8% simple interest from then on until the date that the claim is settled fully.

                      PS: If they can prove they did not apply contractual interest (they will almost certainly try and argue that they didnt) you will be able to apply 8% interest to each and every PPI premium from the time it was applied to the date the claim is settled.

                      Have you reclaimed default charges (late / over limit fees)? , if not do so , along with any contractual interest applied to these charge and 8% simple interest from the point at which the account was closed / settled to date.

                      I have done all of the above on a number of accounts and have recentley settled 2 long standing battles (Amex & Mint) to within a midgies of what I had calculated the redress should be,albeit after a fight.

                      You need to go to the FOS , but dont expect miricales from them, keep pressing the lender directly by writing & complaing to CEO directlty (and repeatedly).

                      You will get there eventually if you fight them.

                      Well done for getting so far & the thought process which has resulted in you wanting to challenge their offer ,so many many people dont and have been short changed yet again by the banks.

                      Good luck - I will help wherever I can.

                      Matty

                      Comment


                      • #12
                        Re: Halifax PPI offer - is it correct?

                        Hi Matty and thanks for the long and encouraging reply.

                        We don't have any statements but the SAR went off to them on 5th February. I have already had the 'provide account number, date of birth, addresses' letter, even though these were in the SAR. A suitable reply has been sent.

                        The account was opened in 2003, defaulted in 2006 and sold to Cabot in 2008 so statements are a possibility.

                        The offer they made was:
                        Refund of premiums: £2145.14
                        Refund of interest applied to PPI: £661.26
                        Total interest at 8% until 9th Aug 2006: £30.80

                        Their letter says: "As your account was passed to recoveries on 9th August 2006 we have calculated your refund as at that date".

                        Subject to getting statements, default charges, etc. will become the next claim.

                        What with refusing the claim to begin with, ignoring two letters, and then coming back with this offer, this bunch are getting my goat now. Fortunately, my friend's financial situation is not as bad as it was (thanks in no small part to this site). Unlike many PPI claimants, she is not desperate for the money (it is needed but not desperately).

                        It is encouraging to read that you have achieved so much due to your perseverance - many thanks.
                        Last edited by DoTheyMeanMe; 19 February 2013, 09:58.

                        Comment


                        • #13
                          Re: Halifax PPI offer - is it correct?

                          Now it gets interesting.....

                          This afternoon's post brought a cheque from Halifax for £2787.20.
                          Suddenly they seem in quite a hurry to pay.

                          They will not yet have received my letter asking for a breakdown of the offer, in which I said 'any payment made will be regarded as a part payment'.

                          So, where from here?
                          Hold the cheque until they reply?
                          Cash the cheque?
                          Send the cheque back?

                          Anyone had this happen or can anyone advise, please?

                          Comment


                          • #14
                            Re: Halifax PPI offer - is it correct?

                            Right...

                            Heres where you will get differing opinions & I am not sure which / what is the right answer.

                            You could reject it if you dont need the money.....which is what some people will advise.

                            I have accepted their offers in partial settlement, cashed the cheques and have then gone on to fight them for more money and have won.

                            With others, they sent me a settlement figure along with a form for me to sign 'in full & final settlement' before they sent the cheque...these I refused.

                            Might be worth holding the cheque for now and seeing what response you get to your letter.

                            Did their covering letter say in 'full & final' settlement?

                            Might be worth giving them a call to discuss ,asking them if they have recieved your letter and explaining that you dont think they have calculated the redress in accordance with the FOS guidelines and that you need their detailed breakdown of how they have calculated the redress before you can accept their offer in full and final settlement.

                            Matty
                            Last edited by MattyA; 20 February 2013, 22:24.

                            Comment


                            • #15
                              Re: Halifax PPI offer - is it correct?

                              Originally posted by Do They Mean Me? View Post
                              Hi Matty and thanks for the long and encouraging reply.

                              We don't have any statements but the SAR went off to them on 5th February. I have already had the 'provide account number, date of birth, addresses' letter, even though these were in the SAR. A suitable reply has been sent.

                              The account was opened in 2003, defaulted in 2006 and sold to Cabot in 2008 so statements are a possibility.

                              The offer they made was:
                              Refund of premiums: £2145.14
                              Refund of interest applied to PPI: £661.26
                              Total interest at 8% until 9th Aug 2006: £30.80

                              Their letter says: "As your account was passed to recoveries on 9th August 2006 we have calculated your refund as at that date".

                              Subject to getting statements, default charges, etc. will become the next claim.

                              What with refusing the claim to begin with, ignoring two letters, and then coming back with this offer, this bunch are getting my goat now. Fortunately, my friend's financial situation is not as bad as it was (thanks in no small part to this site). Unlike many PPI claimants, she is not desperate for the money (it is needed but not desperately).

                              It is encouraging to read that you have achieved so much due to your perseverance - many thanks.
                              I reckon they owe you at least £4312.96 based on 'their ' figures(£2837.20 + 6years 6 months 8% Simple interest @ £18.92 / mth = £1475.76)

                              Would need to see what they send you in the way of a detailed breakdown / in response to your SAR to work it out properly.

                              Matty

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