Bank Charges Financial Hardship Disussion

sdooley

KaiserK wrote: »

That article doesn't mention what to do if you've already been to court to lift the stay and been unsuccessful. I don't understand why some people are now getting their claims settled by HSBC under hardship rules when my hardship was their stated argument in court for maintaining the stay on my case.

I'd imagine that's because it's a relatively unusual situation. The article can't deal with every permutation possible.

When did you go to court? If it was before the updated guidance on the meaning of hardship, I would go to the FO anyway (once HSBC refuse you once again - though you never know your luck :rotfl: ). You can legitimately argue that they should measure your case against the new hardship rules.

Also, the bank's solicitor's point doesn't make much sense to me - if the stay is lifted HSBC have no obligation to pay you money - only to defend their case in court :rotfl: . If that argument were accepted then what would be the point in the hardship provision at all?

That said, would recommend you don't go to court, try the FO, it's more likely to be au fait with the rules and consistent.

KaiserK

I went to court in I think Sept or Oct 07, and the original FSA hardship clause formed part of my argument.

Also, the bank's solicitor's point doesn't make much sense to me - if the stay is lifted HSBC have no obligation to pay you money - only to defend their case in court.

I think their argument got through because I had asked for any further charges to be prohibited pending the case, although the judge could easily have said no to that while still lifting the stay.

None of it makes sense to me - why did the FSA's Bank Charges waiver even have a hardship clause? Has it been of any use to anyone?

alfie35

I first applied for refund of charges with nationwide last July, and that was for my account and also the joint account I hold with my husband. I got what I expected, which was a letter saying that everything was on hold awaiting the decision of the test case. I recently sent off a second letter stating financial hardship because my husband is self employed and has been out of work. I recieved a reply yesterday stating that we weren't in financial hardship which I find hard to understand how they came to that decision, as I wasn't sent any forms to fill in and there has been no money going into the account for weeks now. The account itself is very overdrawn, which I hasten to add is all charges as I don't have an overdraft facility. As someone else posted earlier they are placing charges on the charges they have already charged me!! The letter also states that if they don't hear back from me within the next 2 months then they will close the file. What do I have to do now to keep my case on file? Can anyone offer some advice as am getting bit confused by all the jargon in the letter.

S0litaire

Just wondering if the Hardship rules are the same (roughly) in Scotland as in England and Wales?

The example in the Weekly tips e-mail was from England, I hope it's the same in Scotland as I've got my Template letter all set out ready to send to get my Statements.

EmmaD_3

I have around £3,000 of bank charges that i have reclaimed from Abbey but as others, have been put on hold. The acccount was closed by Abbey within 28 days of me reclaiming! Me and my partner have a joint account now and are constantly in our overdraft and struggling with council tax etc and have rent arrears. We have also in the past few weeks found out that my partners company is closin and he is being made redundant....consultation ends Nov 5th so will be made redundant either b4 Xmas or just after? The redundancy package so far is just short of £2,000!? We need to move house to enable my partner to get another job as we moved to the sticks for his job and we don't drive, and we simply can't afford to do it and are really worried?! We have 3 children and struggling especially in the current financial climate.

lindaburt

My husband was in the process of reclaiming his charges from Abbey when the Banks went to court. He was using one of the Bank charges reclaiming websites. Now he is having trouble paying bills loans etc would he be able to claim through financial hardship even though he is using the Reclaiming website.

Edinburghlass_2

lindaburt wrote: »

My husband was in the process of reclaiming his charges from Abbey when the Banks went to court. He was using one of the Bank charges reclaiming websites. Now he is having trouble paying bills loans etc would he be able to claim through financial hardship even though he is using the Reclaiming website.

If by that you mean he has engaged a company that will charge for doing his claim then it is more than likely that he will be due them a cancellation fee or if he doesn't cancel the company then they will still take their percentage of any reclaim. Please read this thread. http://forums.moneysavingexpert.com/showthread.html?t=365533&page=14

holdste

Hi everyone
I have just called Nationwide to ask them if I could use the hardship waiver to reclaim and was told no because I still have a wage paid into the account and I have a car loan been paid out so I can't be experiancing hardship, even though the car loan is 3 years old. I told them a lot can change in 3 years but they just fobbed me off. I have had £700 of charges in the last 3 months which caused more DDs to be returned and left me without funds to pay the bills. Now I'm in arrears with my mortgage and council tax but nationwide say this is not a hardship. May resort to keeping my wages under the mattress, got to be safer there than in the bank

louisf

Hi all
I have spoken with Lloyds TSB this afternoon and they have advised me under the hardship rules waiver, they will only consider you for it with charges being reclaimed made after the bank charges court hearing in July. Can anyone advise is this is true - from reading the details on this website it sounded like it was for reclaiming charges before the court case!!

catmiaow

I have written to my bank to advise them of my financial hardship and requested they look into my claim again, this was sent monday just gone. Can anyone advise what are my steps?