Bank Charges Financial Hardship Disussion

natweststaffmember

redrufus wrote: »

So shall i ring them to get copies of charges from 2007 until now then and then send them again with the letter? thanks for your reply. :-)

If you don't have the statements then yep.

mevslloyds

Hi any advice would be great...
Ive recently gone through the financial hardship route with lloyds tsb and halifax, to which they both accepted i was.. I have just accepted a part of my charges back from halifax and will have to wait till after the test case for the rest. Lloyds on the other hand are unwilling to give me anything till after the test case. Is there anything else I can do to try and reclaim some back as they are the main reason im in this situation...

Thanks

daz2bedebtfree

mevslloyds wrote: »

Hi any advice would be great...
Ive recently gone through the financial hardship route with lloyds tsb and halifax, to which they both accepted i was.. I have just accepted a part of my charges back from halifax and will have to wait till after the test case for the rest. Lloyds on the other hand are unwilling to give me anything till after the test case. Is there anything else I can do to try and reclaim some back as they are the main reason im in this situation...

Thanks

hi i had same problem with lloyds ,send it to the financial ombudsman let them deal with it , i have and good luck:T

ronniep

Hello all, dose anyone know what we do when the court case is over abbey have given me a part payment of what they owe me under financial hardship, will they automatically send the difference or will we have to claim again, thanks

bukko

ronniep wrote: »

Hello all, dose anyone know what we do when the court case is over abbey have given me a part payment of what they owe me under financial hardship, will they automatically send the difference or will we have to claim again, thanks

I suppose it depends on the outcome of the case.
For example, the judge might rule that all charges above £4.50 be refunded without asking.:j
On the other hand, it's unlikely but the ruling might be that charges already incurred cannot be refunded! (God I hope not!) :eek:
I wonder if we would have to pay back our refunds, plus interest??

natweststaffmember

mevslloyds wrote: »

Hi any advice would be great...
Ive recently gone through the financial hardship route with lloyds tsb and halifax, to which they both accepted i was.. I have just accepted a part of my charges back from halifax and will have to wait till after the test case for the rest. Lloyds on the other hand are unwilling to give me anything till after the test case. Is there anything else I can do to try and reclaim some back as they are the main reason im in this situation...

Thanks

You should have a final response letter from them outlining why they said no, do you have that? It will be important if you are going through the FOS route.

natweststaffmember

bukko wrote: »

I suppose it depends on the outcome of the case.
For example, the judge might rule that all charges above £4.50 be refunded without asking.:j
On the other hand, it's unlikely but the ruling might be that charges already incurred cannot be refunded! (God I hope not!) :eek:
I wonder if we would have to pay back our refunds, plus interest??

I'll try and explain this one.
Firstly, we are currently at the stage of whether or not the OFT can look at the fairness of bank charges. It is the Preliminary Issues.
If the answer is yes then we move onto the Secondary Issues which is asking for regulatory compliance or its litigation time again. If the bank lose on any of those terms then regardless of anything the term is null and void and all sums taken under that term has to be refunded. So even if £4.50 is a fair amount every penny claimed under the term defined as unfair is repayable.
Please remember, the current House of Lords decision is NOT the end of the OFT test case even if it goes in favour of the OFT and there is no referral to the European Court of Justice.

squirrel7

juniespoonie wrote: »

I have a claim against Natwest going back to 2007 (just before the test case) which was put on hold. To add to my misery, I took my chequebook and cards into my branch to close the account. I was told I didn't need any confirmation that they had closed the account down but lo and behold, they didn't close the account straight away, a direct debit which I missed cancelling was presented, that incurred more charges which escalated out of control. I wrote immediately to state I was having financial hardship and would they look at my case again. They gave me a financial statement to complete which I did. I then got a letter from Natwest to say they agreed I was in financial hardship and would stop the charges on my account. I then wrote back to say that I had passed the debt (overdraft plus charges) to the Consumer Credit Counselling Service and they would be making a small payment off the debt each month. I also asked what was happening to my claim. I didn't get any reply and so I went to the Financial Ombudsmen Service as recommended. I got a letter stating that as Natwest had agreed to stop the charges being applied to my account plus the fact that Natwest were not pursuing me for the whole debt was sufficient action in the eyes of the FOS and that my claim should wait until the test case was resolved. However, I contacted them again once I read the waiver had changed and went through the whole thing again. I was told categorically by the FOS that the banks DID NOT have to look at your claim again and that in my case, because the bank had accepted a payment plan, they were under no obligation to take any further action. What does one do now?

I've had exactly the same thing with Smile Bank and the FOS- Smile acknowledged my financial hardship in a letter and the FOS have said smile can wait until the court hearin to refund my charges?- conflicting messages...i thought they had to look at the case if you were in financial hardship as is said on this site where the FOS say something different....who's right? and if the FOS are right where does it leave us financial hardship cases? should we take them to court anyway?

rocjescai

Hi this is an update to my previous post.I have today recieved a letter from the co-op stating that although we are in financial hardship our request for a refund of bank charges has been put on hold.We have 6 months of arrears on both our mortgage & secured loan!I am off to the financial ombudsman now,does anyone know how long this will take?We are in desperate need!!Thanks,rocjescai.:mad:

Boodles

I was wondering whether my boyfriend would be able to claim under hardship rules. He receives Incapacity Benefits (non means tested) as his only source of income, we occassionally struggle to meet the bills and have to take out his money a little earlier, for example 3-7 days earlier to pay a bill/buy food, he then will be charged by Barclays £40 for doing this. This month for example we've been charged for may and april and they've taken it out of this months, both charges, and we now only have £140 to last us 2 weeks to pay all the bills and be able to get food shopping and my gas and eleccy is £80!