Bank Charges Financial Hardship Disussion

Sillybrit

TwoLeafClover wrote: »

Hi to the Financial Hardship forum

I recently (28th May) wrote to Barclays requesting refund of charges for last five years, quoting 'unfair contractual terms' as per template letter in Fin. Hardship cases. The reply is a final response saying no.

They say:
"the fees were properly charged and do not amount to penalties at common law; a position that has been supported by recent High Court rulings on these issues.Therefore I must advise you that we will not be refunding these charges as a result of your complaint. If your dissatisfaction with the bank charges is not based upon their fairness and lawfulness then please let me have more information to clarify the basis of your complaint".

I thought that the whole point was their disproportionate and unlawful 'contractualness'....have Barclays moved the goalposts?

Any thoughts on next step

TwoLeafClover

It doesn't sound like this is Barclay's final response - it it does say it is, go straight to the FoS with your hardship complaint. Otherwise, write back to Barclays and ask that they reconsider your hardship status. They should send you some income and expenditure forms. I recently won £630 from them for hardship, so don't give up, it can be done.

Sillybrit

norwichkaren wrote: »

Thats odd as I am in the process of trying to claim with Halifax and they wont pay me as the account is closed, they say they wont even discuss that account with me, only the other one? They closed it tho as I, the same as you, stopped paying in to it as their charges had made me overdrawn.

I just won £630 in a hardship case from Barclays - the account has been closed since 2004. It makes no difference whatsoever, they are still legally obliged to give you the information - if they do not, then don't hesitate in going on to the next step.

Sillybrit

slimothy wrote: »

Hi All, advice please!

I've had my claim with Barclays on hold since last year and have written to them requesting a refund on the grounds of financial hardship due to my wife losing her job. I've received an income and expenditure sheet and have some questions for those who have filled one in...

The first part asks to fill in borrowing commitments. I have a DMP with the CCCS so should I just put this as the commitment or do I need to detail each creditor and how much they receive from the DMP? Reason I ask is there is space to detail debts with Barclays, which I do have, however if I do get a refund I want it to be paid to me rather than to clear the Barclays debts..

Also, it asks for my bank account details (i'm not with Barclays anymore). Any idea why this is? Are Barclays able to check with my current bank for any information about my account?

I'm sure the majority of people slightly exaggerate their circumstances when applying under financial hardship, but are the banks likely to find out??

Thanks all!

Barclays didn't ask me for my current bank account details - they just sent me a simple i and e form, and promptly sent me a cheque for £630. I'd give them all the info they want - don't and it will just delay things.

Sillybrit

MARKZ123 wrote: »

Can you please give me some advice.
All of my wifes disabilty benefits and my wages go into the same bank acoount for the last 14 years. A year ago i gave up work to become a full time carer for my wife so im now claiming sda, dla, carers allowance, income support, housing benefit, council tax benefit.
A couple of years ago barclays charged me 12 x £25 for being overdrawn in the space of 4/5 months. Total £300
although were on benefits at the moment my account is a lot better and we never go overdrawn now.
With this in mind do you think i can still claim under the hardship rules.

I sent a letter to barclays yesterday asking for a refund.
What do you think my chances are...

Good - as I've said elsewhere Barclays just paid my 3/4 of my charges - £630, and although I am in moderate financial hardship I think your case sounds alot worse. They'll send you an i and e form, and then hopefully a cheque about a month later, if they accept your claim. Chin up, it can happen!

mandij30

lucror wrote: »

Hi,

I recently sent letter 1 from this site to HSBC regarding bank charges, I claimed financial hardship as I believe I currently have a case for hardship.

I've today received a letter back, saying the usual regarding the test case, and that to be considered under hardship I should complete a form and telephone a telephone number having the results to hand.

Is this normal, I don't really feel comfortable discussing the complaint over the phone and would much rather have the paper trail of traditional postal mail for my records, a telephone discussion can quickly turn into mistakes being made and me agreeing to something that I might not had I been given the time to think.

It specifically states on the form though that it isn't to be sent back to HSBC and is purely for my records.

Is this something that can be continued via post, despite HSBC's requests to continue via telephone?

Thanks in advance.
L

Hiya Lucror
I had to go through exactly the same with HSBC, I phoned them and was put on hold for over 20 mins ( all of this on an 0845 number) when I finally got through to the right person I requested she called me back, as I was using my mobile phone to which she said she couldn't. Anyway after going through my income and expenditure, the patronising HSBC worker was pointing out expenses that I had made that month, In particular a transanction I had made in Mcdonalds. She pointed out is this really necessary for someone who is in hardship. she worked all through my outgoings telling me where I could make savings, reduce sky package/ internet etc. she was very unhelpful, and I didn't get anywhere with her at all. I sent 2nd letter and explained if they would not be willing to accept my hardship claim and stop all charges from here on ( was being charged £125 a month from them ) then i'd have no choice but to change banks. I never had any reply from them, so I switched to natwest for a basic account ( horay no more charges)
And told HSBC they can go whistle for the charges.

I have found HSBC un co-operative and unhelpful. And the cost of the call was £ 12.56

Give them a call, but be advised they will go through every transanction, your've made, and are determined not to give you your money back.

esmerellda

If you went through your income and expenditure with a charity like CCCS they would advise similar re Sky / Mcdonalds etc.

I would bring the cost of the call etc to the FSA and OFTs attention in a complaint tbh as thats pretty bad as if you are in hardship that is a heck of a lot of money.

Trouble on here is its very difficult to tell if someone is actually in hardship or not without seeing their income expenditure sheets / list of prioirty/non-priority debts.

Moving to a basic account is a great idea to get out of the circle, just keep hsbc informed the account is in dispute etc to stave off any enforcement action.

@lucror - if you really arent happy on the telephone (and I'm not either) although it is an easy way of going through your IE, then send the sheets in with evidences of arrears/priority debts and write a covering letter explaining. Also I would be tempted to get an appt with CCCS and go through everything with them as they will know better how to adjust things and might have some useful thoughts how to deal with your current circumstances without relying on a refund of charges.


I have a couple concerns with the hardship template on here which I believe Natweststaffmember is trying to sort out with the site team.

If you send your letter based on penalties you will not get anywhere - you HAVE to mention the Unfair Terms in Consumer Contracts regulations 1999.

mdes

natweststaffmember wrote: »

Have you got something from the landlord stating you are in arrears?

no but i can get him to write it in a letter, but i have already told the a&l this but they dont seem to give a dam. they have told me on the phone and by letter that i am not in hardship yet we had two charges last week and they have said they will give them back due to my circumstances!!!!!

duncan19702000

I am currently engaged in a claim for bank charges refund (£2100) from RBS under the hardship waiver. After 4 months and 10 letters from me I seem to be getting nowhere and have lodged a complaint with FOS. I have done the income/outgoings sheet for RBS showing negative net income, given proof of council tax, mortgage and utilities arrears and still they won't make a hardship decision. I am being made redundant in Sept and their latest letter requests details of any redundancy payment I might get (wouldn't be due severence payment until end of Oct). This information is confidential and subject to a signed non-disclosure agreement with my employer. Are RBS entitled to this information and in any case I fail to see how any future potential payment is relevant to my current circumstances?

mdes

Ralphy101 wrote: »

Write back to them to disagree and state you are in hardship.
Include information/proof of your £2k Debt. And ask for them to reconsider their stance given the new information that has come to light.

this wasnt new info. we put it on ith inc/exp form and have phoned the bank two/three times a week for the last month to tell them our landlord wants his money or he will have to put us out

esmerellda

duncan19702000 wrote: »

I am currently engaged in a claim for bank charges refund (£2100) from RBS under the hardship waiver. After 4 months and 10 letters from me I seem to be getting nowhere and have lodged a complaint with FOS. I have done the income/outgoings sheet for RBS showing negative net income, given proof of council tax, mortgage and utilities arrears and still they won't make a hardship decision. I am being made redundant in Sept and their latest letter requests details of any redundancy payment I might get (wouldn't be due severence payment until end of Oct). This information is confidential and subject to a signed non-disclosure agreement with my employer. Are RBS entitled to this information and in any case I fail to see how any future potential payment is relevant to my current circumstances?

I'd tell the bank exactly that re confidentiality and that you don't know exactly what or when you might get any redundancy payout. be nice about it and explain that its not due for months and your arrears are causing huge immediate problems etc