Bank Charges Financial Hardship Disussion

shooter

mrsh2103 wrote: »

Hi,

I have recently written to Lloyds TSB's solicitors - Sechiari, Clark & Mitchell, regarding financial hardship and my claim for £2250. I currently have £41k of debt and am having to have my home reposessed.

I received a letter back today from them saying:

'Thank you for your letter of the 31st July last, the contents of which have duly been noted.

After taking our client's instructions in respect of your said letter, our Client does not accept that lifting the stay on grounds of financial hardship is appropriate. Therefore, our Client will not agree to the stay being lifted and this should remain in place until the final determination of the OFT test case.

In light of the above, we are instructed to oppose any application you may make to the Court seeking an order whereby the stay is lifted in your case.'



I have now made an application to the Financial Ombudsman, but am not holding out any hope.

Is anyone else having problems with these people?

Thanks

have a look at my thread

http://www.legalbeagles.info/forums/showthread.php?t=9830

It will give you some information on who to contact at lloyds

Pm me if you require any other info

Good Luck

Shooter xx

smellybeki

hi sorry if its already in here but brain fog hasny cleared yet.
dh and i have applied for our bank charges back before the test case but they were put on hold.however now we have had to start a dmp with cccs and have missed the last payments on our emergency credit card due to lack of funds. is this enough to ask them to look at our case under finacial hardship
thanks

Edinburghlass_2

johns-turner wrote: »

The extended waiver makes it clearer what "financial difficulty" means. However, I am dismayed to find neither Barclays or Lloyds TSB mentioned this exception in their update correspondence I received about a month ago.

I contacted Lloyds TSB and stated my position the I fitted the criteria for "financial difficulty". The response was a standard letter emphasizing their view that the legal decision from April 2008 was more in their favour than mine. And an implied view that I should be grateful that the banks were "winning the argument".

Neither Barclays or Lloyds TSB are honouring the "waiver", in my opinion. I was wondering whether any other claimants had received similar cool treatment?

You need to apply due to the updated guidance of the waiver in July 2008, have a read of Martin's article here.

Edinburghlass_2

smellybeki wrote: »

hi sorry if its already in here but brain fog hasny cleared yet.
dh and i have applied for our bank charges back before the test case but they were put on hold.however now we have had to start a dmp with cccs and have missed the last payments on our emergency credit card due to lack of funds. is this enough to ask them to look at our case under finacial hardship
thanks

Have a look at Martin's check list in the article here.

It certainly seems that your bank should be looking at your case but if they turn you down you can contact CCCS who will see if they think you fit the hardship criteria.

ginah

I've just contacted Nationwide to claim back charges using the Financuial Hardship criteria and been told there is a charge of £10 for each account to do this! ( I'm claiming back charges on two accounts)

Edinburghlass_2

For getting the information you need to start a claim you need to send the first letter with a cheque for £10 which will cover both accounts.

http://www.moneysavingexpert.com/reclaim/bank-charges#step2

Tinka21

I have had a read through the posts and the criteria and I think my OH qualifys for the hardship route.

He put a claim in with Yorkshire Bank in February last year but they dragged their heels big time, we managed to get it into the small claims court and won but then they suddenly jumped into life and applied to have the judgement set aside which they got.

In the mean time he defaulted on this account due to all the charges and it is now with their solicitors who have wrote to him last week to say they applying for a CCJ on the amount owed.

My OH is not working and I am on Maternity leave so we are really struggling at the minute and are 1 month behind with mortgage and a secured loan as well as having a £800 elec bill we can't pay.

He owes them £300 but they owe him £1500!

Is it worth him asking them to reconsider his claim or will they ignore him now he will have a CCJ?

esmerellda

Tinka21 wrote: »

I have had a read through the posts and the criteria and I think my OH qualifys for the hardship route.

He put a claim in with Yorkshire Bank in February last year but they dragged their heels big time, we managed to get it into the small claims court and won but then they suddenly jumped into life and applied to have the judgement set aside which they got.

In the mean time he defaulted on this account due to all the charges and it is now with their solicitors who have wrote to him last week to say they applying for a CCJ on the amount owed.

My OH is not working and I am on Maternity leave so we are really struggling at the minute and are 1 month behind with mortgage and a secured loan as well as having a £800 elec bill we can't pay.

He owes them £300 but they owe him £1500!

Is it worth him asking them to reconsider his claim or will they ignore him now he will have a CCJ?

Yorkshire bank shouldnt do this - if they do claim against him you can defend the claim in full and counterclaim against them for the £1500 and removal of the default. Theres someone on Legalbeagles who has done this - similar amounts too - theres no financial hardship in that case so the case is stayed - Tools v Yorkshire Bank.

So I think we can write to the Bank remind them they shouldnt be defaulting let alone hassling you, get your hardship assessed and get the situation sorted - I am not sure how yorkshire are doing at refunding, but claiming against you when you have an outstanding stayed claim against them is a big no no A letter might stave off them claiming against your OH.


ALSO

have a look at this thread about defaults while accounts in dispute - http://forums.moneysavingexpert.com/showthread.html?t=1093521&page=2

Oh they are such grrrrrrrrrrrrrrrrrrrrrr that bank.

Tinka21

Thanks for that. I am so angry with the Yorkshire Bank and fed up of the threats from their solicitors! My OH originally phoned their solicitors when the account defaulted and told them he had a claim in for the charges and they said he had to continue to repay until a decision in the high court was reached!

dwjohnno81

im looking to go down the hardship route as i was made unemployed in june.

i was wondering if there was a standard letter or template which ppl have been using???

thanks