Bank Charges Financial Hardship Disussion

Sappoo21

Got a letter back from Nationwide saying that i had to explain why i got in the situation well i have many.
will they pay after I list them all. is this just a delaying tactic.
help gratefully received.

natweststaffmember

carlastc wrote: »

I think I misread your initial post(apologies).
When was the first income and expenditure form sent?

Hi,

I sent the form in March 2009 and I received a refund of charges from October 2008 up to May 2009, a total of £250.
I did not receive any communication from them, the charges were just refunded into my account.
I have heard nothing since then but they have again levied charges totalling £75 in June for paid items, I was under the impression that all charges would be stopped under financial hardship rules.

They have not responded to my letters and I am at my wits' end,I also have another complaint with them going back to March 2008!

They don't stop charges under financial hardship rules unless you have agreed to that at the time they paid out. You need to start the ball rolling again on financial hardship rules as anything outstanding from the last payout are still on the table with regards to when the OFT test case issues are completed.
Did you send the new letter recorded delivery? When did you send the letter?
I would perhaps ask them for an explanation as to how they worked out the refund on the first claim as well since they didn't do that to begin with.

natweststaffmember

M4TGE wrote: »

Hi
Thanks widelats & natweststaffmember for your responses.

She is and has been for sometime significantly in her £2K overdraft - all the time (i.e. when her pension gets paid in it does not take her out of her overdraft) - If she were to make a claim what is the likelihood of them canceling her overdraft and making her pay back the money?

Also, if she makes a claim using the financial hardship route and they kick it out can she make a claim any other way and if so when can she do this?

And lastly, if she instigates the claim and passes away whilst awaiting a decision what happens then? If there is any money owed her does it go to her estate?

Many Thanks

Mat

my gut feeling is that it is not a financial hardship claim. She can start the process and if the worst case scenario happens then her estate/next of kin can continue to pursue the claim. They will not withdraw her overdraft because she claims.

natweststaffmember

Sappoo21 wrote: »

Got a letter back from Nationwide saying that i had to explain why i got in the situation well i have many.
will they pay after I list them all. is this just a delaying tactic.
help gratefully received.

Nationwide classically only pay out for charges during the period of hardship. You need to write to them as to why you were unable to pay your priority debt arrears for example, loss of job, or less hours,(something that has meant that your income reduced meaning you couldn't cover the payments out). You will need to say when it occurred and expect that they will payout from that point onwards under financial hardship.

garethathomas

I am in a voluntary repayment agreement with my creditor, can I still persue a refund of bank charges if the account is held by a third party such as a debt management company?

natweststaffmember

garethathomas wrote: »

I am in a voluntary repayment agreement with my creditor, can I still persue a refund of bank charges if the account is held by a third party such as a debt management company?

Yes you can but be aware that any charges refunded would go towards the repayment of it to them firstly.

DaisyBella_2

I had bank charge reclaim onhold with Barclays - realised I could claim hardship. Filled in appropriate financial form from them and they have today replied by giving me a cheque for £150 (goodwill gesture) - but said I would have to wait for the test cast before any furhter action? Is this because they don't classify me as a hardship case - or is this just how they treat hardship cases? Should I pursue it further or just accept their Goodwill for now and wait (my original claim is for approx. £1500 with interest).

natweststaffmember

DaisyBella wrote: »

I had bank charge reclaim onhold with Barclays - realised I could claim hardship. Filled in appropriate financial form from them and they have today replied by giving me a cheque for £150 (goodwill gesture) - but said I would have to wait for the test cast before any furhter action? Is this because they don't classify me as a hardship case - or is this just how they treat hardship cases? Should I pursue it further or just accept their Goodwill for now and wait (my original claim is for approx. £1500 with interest).

Is the account closed or open?
Did they send a letter with the cheque with reference to financial hardship?

DaisyBella_2

My account is closed - but with a debt management agent - there is probably about £300 - £400 outstanding on the debt which I am still paying off (have never missed a payment). I was surprised the 'Goodwill' wasn't taken off the outstanding balance. They just sent it straight to me with the letter. The letter says:

Having reviewed the information available, I confirm I have accepted your claim of financial difficulty which will be paid as detailed below.

I enclose a cheque for £150 as a gesture o goodwill and have now closed your financial difficulty claim. Some blah blah about speaking to debt counsellor and encl. leaflets.

Your complaint regard unauthorised overdraft charges will be dealt with once the legal proceedings between the banks and the OFfice of Fair Trading are concluded. Your reference number is xxxxxxxxx

In the event that we are ordered whether by a court or regulatory body or otherwise to make any payment in respect of your complaint, such payment will be made net of the gesture of goodwill pyament we are now making.

Then they continue about FOS and I can take that route and consider this letter the 'final response'

natweststaffmember

DaisyBella wrote: »

My account is closed - but with a debt management agent - there is probably about £300 - £400 outstanding on the debt which I am still paying off (have never missed a payment). I was surprised the 'Goodwill' wasn't taken off the outstanding balance. They just sent it straight to me with the letter. The letter says:

Having reviewed the information available, I confirm I have accepted your claim of financial difficulty which will be paid as detailed below.

I enclose a cheque for £150 as a gesture o goodwill and have now closed your financial difficulty claim. Some blah blah about speaking to debt counsellor and encl. leaflets.

Your complaint regard unauthorised overdraft charges will be dealt with once the legal proceedings between the banks and the OFfice of Fair Trading are concluded. Your reference number is xxxxxxxxx

In the event that we are ordered whether by a court or regulatory body or otherwise to make any payment in respect of your complaint, such payment will be made net of the gesture of goodwill pyament we are now making.

Then they continue about FOS and I can take that route and consider this letter the 'final response'

Coolio, £150 is pretty good imho. Barclays are getting better at paying out since they seem to be more lenient in their approach to hardship.