Bank Charges Financial Hardship Disussion

pingchris

there are a lot of people in this forum suffering financial hardship of one form or another,no matter how you look at it.we were told by the house of lords and the powers that be a decision would be october 2009,now its november,then it will be december etc etc etc,the next thing will be yet another appeal to the supreme court etc etc etc,the banks are taking the water,everyone knows it from the man on the street to the prime minister in no 10 drowning street,a monkey can see it,its so easy to sort out but they carry on farting about with us,im so bloody angry,not just for myself but for everyone who has a claim,who do they think they are ?

tax payers bailed them out and what do the tax payers get in return,the banks take the water and give nothing back,i look forward to the day i get my charges back so i can walk into the bank and dump my cards on the desk and tell them to stuff it.......:mad:

natweststaffmember

pingchris wrote: »

there are a lot of people in this forum suffering financial hardship of one form or another,no matter how you look at it.we were told by the house of lords and the powers that be a decision would be october 2009,

they didn't say it would be October. Internet bank charges forums assumed that when the House of Lords did not make a decision that they would want to start the new Supreme Court in a blaze of glory and give the OFT test case judgement which will not start the refunds process even if the OFT win. The OFT are deciding if the terms or words that cause bank charges can be assessed for fairness under the Unfair Terms in Consumer Contract Regulations 1999.


now its november,then it will be december etc etc etc,the next thing will be yet another appeal to the supreme court etc etc etc,the banks are taking the water,everyone knows it from the man on the street to the prime minister in no 10 drowning street,a monkey can see it,its so easy to sort out but they carry on farting about with us,im so bloody angry,not just for myself but for everyone who has a claim,who do they think they are ?
I have been on bank charges forums for a long time and yes it is frustrating sometimes and some days are better than others. There are 3 decisions that can be made from the Supreme Court;
1) The Banks lose the appeal
2) The Bank win the appeal
3) The Supreme Court refers the case to the European Court of Justice(since we are looking at a directive from the EU)
Furthermore, we will have more litigation if scenario 2 or 3 is given and that can include the OFT asking for an injunction to prevent the bank from charging customers on the terms that may be unfair(scenario 2) and that is the more important litigation. This is a court case and will dealt with through the legal process.
If you are sued then you appeal until you cannot win that appeal and that is what is happening.
Even on scenario 1, it isn't the end of it because the OFT can still take action.

tax payers bailed them out and what do the tax payers get in return,the banks take the water and give nothing back,i look forward to the day i get my charges back so i can walk into the bank and dump my cards on the desk and tell them to stuff it.......:mad:

Calm down and remember that the case is approaching the 50% mark potentially if the banks lose.

natweststaffmember

mumtoangel wrote: »

Hi

Yes I have credit card charges I haven't sent any letters on them yet.

Thanks

In that case, that is another thing to do as well cos there is no hold on those types of claims.

dougpearce

my wife has tried to claim back bank charges through the ltsb under hardship and have got nowhere yet and wondered if these could help her?

my wife has just had the bailiffs turn up at our door demanding £361 for an unpaid parking ticket we wernt in and they left a letter for the amount. we have spoken to the issuing office about this and they have cancilled it but could we use this to convince the bank we are in hardship?

we have also had a solicitors letter giving my wife until the 3rd nov to pay them my equity in the house from my bankrupcy or they will sell it from under us. could we also use this?

could you give some advice pls
thanks
doug

natweststaffmember

dougpearce wrote: »

my wife has tried to claim back bank charges through the ltsb under hardship and have got nowhere yet and wondered if these could help her?

my wife has just had the bailiffs turn up at our door demanding £361 for an unpaid parking ticket we wernt in and they left a letter for the amount. we have spoken to the issuing office about this and they have cancilled it but could we use this to convince the bank we are in hardship?

we have also had a solicitors letter giving my wife until the 3rd nov to pay them my equity in the house from my bankrupcy or they will sell it from under us. could we also use this?

could you give some advice pls
thanks
doug

If the parking ticket has been cancelled then no.
Are you aware that financial hardship reclaiming is about household hardship and not just individual hardship?

dougpearce

no wasnt aware of that.

how is the best way to show that?

we have a letter from my bankrupcy people demanding 25K for my equity in the house based on 2007 prices we are arguing this but its looking really like they will be selling the house from under us.

in the last year i have gone from a job of 22k down to one of 12k. my wife earns about 32k but she has a morgage of 120k, loans totalling about 25k and credit card totaling 10k.

i have been off ill for about 5months after slipping at work and rupturing a disc in a work accident so only on ssp atm so even less than 12k.

what is the best way to go forward?

doug

natweststaffmember

dougpearce wrote: »

no wasnt aware of that.

how is the best way to show that?

we have a letter from my bankrupcy people demanding 25K for my equity in the house based on 2007 prices we are arguing this but its looking really like they will be selling the house from under us.

in the last year i have gone from a job of 22k down to one of 12k. my wife earns about 32k but she has a morgage of 120k, loans totalling about 25k and credit card totaling 10k.

i have been off ill for about 5months after slipping at work and rupturing a disc in a work accident so only on ssp atm so even less than 12k.

what is the best way to go forward?

doug

You have drop in wages which reduces income.
Did your wife reclaim credit card charges?

dannylove11

natweststaffmember wrote: »

Apologies re read your first post(this is the difficult thing on this part of the forum, ie the discussion thread cos it takes a bit longer to check what has already been said and done rather than on an individual thread.
Can I clarify then what you have done so far, because previously you said you have sent templates and gone through the ombudsman(FOS). What was the result and when did you go to them?
You said you qualified on 4 areas on the Waiver, which ones?
What lifestyle event caused your income to go down?(that bit is 2a of the FSA Waiver)

The FOS werent happy with the banks progress in assessing my claim and made them put it right. They (Lloyds) then contacted me and agreed i was in financial hardship and asked how i could better spread my income. This hasn't really helped as i have no income due to me being a full time student and recieving my loan which my rent and bills just get covered by.

I had arrears when i went from working to becoming a student and they have stayed the same since.

I meet the waiver in the following ways:

i. items repeatedly being returned unpaid due to lack of available funds

iii. discontinuation of regular credits

v. regular requests for increased borrowing or repeated rescheduling of debts

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

(sorry its five, not four!!)

I proceeded down the court route and the case was stayed.

I spoke to the courts last thursday and they informed me to write a covering letter to them stating that i want the case passed to the local courts and it'll be done. Is this the best way to go?? Do you think i would win?? Frankly, the idea of going court scares me slightley!

Thanks for your help!
Dan

natweststaffmember

dannylove11 wrote: »

The FOS werent happy with the banks progress in assessing my claim and made them put it right. They (Lloyds) then contacted me and agreed i was in financial hardship and asked how i could better spread my income. This hasn't really helped as i have no income due to me being a full time student and recieving my loan which my rent and bills just get covered by.

I had arrears when i went from working to becoming a student and they have stayed the same since.

I meet the waiver in the following ways:

i. items repeatedly being returned unpaid due to lack of available funds

iii. discontinuation of regular credits

v. regular requests for increased borrowing or repeated rescheduling of debts

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

(sorry its five, not four!!)

I proceeded down the court route and the case was stayed.

I spoke to the courts last thursday and they informed me to write a covering letter to them stating that i want the case passed to the local courts and it'll be done. Is this the best way to go?? Do you think i would win?? Frankly, the idea of going court scares me slightley!

Thanks for your help!
Dan

Dan, no court will decide to proceed with a case on Bank Charges since there is a blanket stay on all cases going through that route which is why I was asking about what happened with the Ombudsman because that is the only route available and they do not have to refund 100% of the charges back.
You are reclaiming credit card charges as well, aren't you?

dougpearce

no she has never reclaimed her credit card charges as as far as im aware she never had any.

before i was bankrupted in 2007 i did manage to reclaim 4k from halifax and 2k from natwest.

just want to get 4.5k back from lloyds now then that will be all of it.