Tried to claim with Halifax under the hardship rules

Show_me_the_money_3 · 26 February 2009 at 1:16PM

Hi all, i was wondering if anyone could offer any advice?

Back in feb 2007 i managed to claim back just over £200 in charges from Halifax. Now my husband has just lost a quarter of his wages ( he's a conveyancing solicitor & not a very well paid one at that!!) I am unable to work and have been on incapacity benefit since 2000. I phoned my bank last wednesday to see if they could help with reclaiming under the hardship ruling. We have 3 children aged 10 and under. Now i have contacted the childs tax credit, but they haven't changed my money ( a whopping £10 a week) as they say although my husband is losing nearly £500 a month net off his wages ( he was only on £31,500 PA to start with) its close to the end of the tax year and it wont change my current claim.

I have a basic bank account (card cash) with the Halifax which i have had for approx 6 yrs, the money that comes into my account is purely benefits and on this basis i thought i may be able to claim again, but i had a letter this morning stating that because they have already issued charges back previously as a gesture of goodwill they wont do it now. I was only claiming back £324!!

These charges are as a result of cheques or direct debits bouncing as there was a shortfall of usually under a pound ( one got returned for just being 5 pence short!!) I will always accomodate for any chqs etc i have due to hit the account but charging me £35.00 for being just 5 p short is a bit much. Is there anything i can do as we are really up the creek without a paddle and the boat seems to have sprung a leak aswell.

I would really appreciate it if someone knows what i should do next. I have read all the articles on the hardship ruling, but can't seem to see whats next for this. Should i just admit defeat or fight???

Thanking you in advance

Hailey

omen666 · 26 February 2009 at 1:23PM

http://news.bbc.co.uk/1/hi/business/7910852.stm

Show_me_the_money_3 · 26 February 2009 at 2:20PM

Thanks for that. I guess i will be back on the phone in a minute and see what they have to say. It really annoyed me as i know they are paying out £1000's to other people and my claim is for just £324.

slim1982 · 26 February 2009 at 2:58PM

dont hold your breath iv had hardship claim in since last august and still they wont pay its not a easy battle

Show_me_the_money_3 · 26 February 2009 at 3:08PM

I know... they are a complete pain in the rear posture. They couldnt find my claim for a whole week even though they did it over the phone for me!!

Im wondering what to do next though as i really really need that money. Its only £324 for crying out loud, whats that to the bank?? To me, its 3 weeks shopping for a large family!! :mad::mad::mad::mad:

Head-Out-Of-Sand · 26 February 2009 at 4:54PM

I think this may be different to reclaiming because you are in hardship - surely the bank have CLEARLY acted illegally in knowingly taking charges out of benefit payments - that issues not under appeal is it? I would imagine that you could complain to FSA or OFT about it?

I'm sorry I don't have any specific advice on this but hopefully someone with more knowledge will be along soon. It seems wrong to me that you would have to go through the usual reclaiming process on this when there are clear rules saying they should not have taken that money??

Grrr this makes me so angry! Sorry you have to deal with this, hope you get it sorted soon.

Show_me_the_money_3 · 26 February 2009 at 5:03PM

Head-Out-Of-Sand wrote: »

I think this may be different to reclaiming because you are in hardship - surely the bank have CLEARLY acted illegally in knowingly taking charges out of benefit payments - that issues not under appeal is it? I would imagine that you could complain to FSA or OFT about it?

I'm sorry I don't have any specific advice on this but hopefully someone with more knowledge will be along soon. It seems wrong to me that you would have to go through the usual reclaiming process on this when there are clear rules saying they should not have taken that money??

Grrr this makes me so angry! Sorry you have to deal with this, hope you get it sorted soon.

I appreciate your reply, i did mention the benefits thing( fingers too tired to type it again

)

But the letter i got today says they wont refund anymore back as they have already done this as a good will gesture. I might phone them again and say i am not happy about the outcome and try and look up the statute of the benefits law that states its trite ( from recollection its the social security act 1996 ) or something similar.

Head-Out-Of-Sand · 26 February 2009 at 5:19PM

Might be worth taking advice from the CAB about this, they may be able to advise as to what you can say to the bank about this. The b*ggers!!!

Head-Out-Of-Sand · 26 February 2009 at 5:22PM

And as for admit defeat or fight, this is totally down to what you feel able to do. If it's going to cause you too much stress, worry, upset then by all means consider admitting defeat.

If you feel able to fight it though, I would be inclined to do so. My feeling is that they have done wrong by you, and you have every right to fight that.

Tried to claim with Halifax under the hardship rules

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