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Bank Charges Financial Hardship Disussion

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  • squink
    squink Posts: 72 Forumite
    pake26 wrote: »
    I am also in incapacity benefit due to a back problem and have been told im not fit for work (i'm only 28), I wrote to the abbey and they to said they wouldn't deal with my case until the one in court is sorted.

    Are they really allowed to do this when I have two children and a very small income.

    Please help


    No, if you meet criteria for financial hardship they cannot do it, but banks are bully boys so usually stonewall you/lie in the hope you'll go away. Phone the FOS (financial ombudsman - tel. no. online) and explain your position, and issue with bank, and they'll advise on what to do.
    Legally financial hardship cases cannot be put on hold, the banks have to deal with them; if they still don't come up with the goods and your case is genuine then you take it to the ombudsman as a complaint and, again, they have to chase it for you :)
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    squink wrote: »
    No, if you meet criteria for financial hardship they cannot do it, but banks are bully boys so usually stonewall you/lie in the hope you'll go away. Phone the FOS (financial ombudsman - tel. no. online) and explain your position, and issue with bank, and they'll advise on what to do.
    Legally financial hardship cases cannot be put on hold, the banks have to deal with them; if they still don't come up with the goods and your case is genuine then you take it to the ombudsman as a complaint and, again, they have to chase it for you :)

    What utter rubbish. There is no legal obligation to look at financial hardship. There is an FSA Waiver on bank charges and the exception is financial hardship. That is regulatory and NOT Legal. Banks' look at priority debt arrears and so will the FOS.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • That's great news drewsterbtc, could you please tell me if your offer took more than eight weeks, as I received a letter today saying it was nearly eight weeks in to my application and they were still looking in to it but would be in touch in due course. I have charges of just over 5k with the Abbey.
  • Widelats wrote: »
    Yes thanks, i got mine yestaerday too saying they are having a massive influx of these bank claims and to be patient, i think i gave them all the info i could and not just a wait.

    Hope you get your money back :D

    Thanks. You too!
  • Hi Raquel, They didn’t ask for hard evidence... I just explained there was very little money for anything least of all luxuries such as food!!;)
  • squink
    squink Posts: 72 Forumite
    What utter rubbish. There is no legal obligation to look at financial hardship. There is an FSA Waiver on bank charges and the exception is financial hardship. That is regulatory and NOT Legal. Banks' look at priority debt arrears and so will the FOS.

    Whoops!
    If one was to split hairs, what I said was not utter rubbish, only the term "legally"; as you detailed, the rest was correct.
    Since the post was to help another, perhaps being so sweeping is not helpful since it might put that person off?
    Just a thought - this forum after all is for mutual support rather than jumping on mistakes, which can always be corrected constructively.

    Have a nice day :)
  • squink
    squink Posts: 72 Forumite
    edited 16 May 2009 at 8:53AM
    pingchris wrote: »
    rang the halifax bank yesterday to ask for my charges back yet again,explained that id applied for them as i am in fanancial hardship,have sent letters bills demands for money etc etc and spoke to nasty nick there customer relations manager who told me they would offer me £70.00 as good will gesture although i am owed £3.750,obviously i told him to shove it,he admitted to me that i am in financial hardship but the policies state they cannot refund my charges.
    he also said if i wanted to take it further i should go to the f.o.s and let them sort it out,wish i had some horse s*** to take to the bank and deposit that on there desk.:money:

    They tell you that (I had same with Barclays) but as I've also found with insurance companies, they often make the rules up as they go along.
    I was told similar, then received a payment months later out of the blue - think Barclays was clearing their decks. Wasn't a full payment (but less insulting than yours) and am taking the rest to the ombudsman (which will be pursued due to being in hardship).
    Main thing I've learnt, be persistent, and keep going higher :) (oh and if you did accept their joke payment that cannot prejudice you against receiving the rest if it is pursued).
    Another point - do it formally in writing, and keep records - makes it accurate, you can put in lots of lovely quotes about what their policies say (get bank's leaflets) and saves the stress of getting angry on the phone, plus is evidence for the ombudsman.
  • roberto1982
    roberto1982 Posts: 15 Forumite
    Hi all, my first post on here but ive been reeding for ages!!!

    Started a hardship claim with Halifax, sent off for list of statements on 28-03-09, with £10 cheque, which was cashed 4 days later. Recieved list of charges on 27th April, along with a financial sheet for income/expenditure. Filled this out and sent back on 28th along with a copy of a utility arrears bill threatening court, a recent payslip to prove my income, and a letter asking for full amount of £3038 inc interest, but would accept £2500 if paid within 14 days.

    Heard nothing back by 14 days so rang up on 12th May to see how it was progressing. Was told that case was being looked at on 14th May. Hopefully the postman will be kind to me today and bring a cheque!!

    I have debts of around £3000 so this money would come in v. handy. Does anyone know what criteria halifax judge cases on and how quickly they pay out??
  • squink wrote: »
    Whoops!
    If one was to split hairs, what I said was not utter rubbish, only the term "legally"; as you detailed, the rest was correct.
    Since the post was to help another, perhaps being so sweeping is not helpful since it might put that person off?
    Just a thought - this forum after all is for mutual support rather than jumping on mistakes, which can always be corrected constructively.

    Have a nice day :)

    If we do post inaccuracies then we will have people going to court on Financial Hardship claiming that it is a legal requirement to overturn a stay because of hardship. That could lead to them having their case thrown out and costs awarded against them. Being factually accurate under those circumstances are necessary to point out. I very rarely jump on mistakes unless it is that glaring as to require intervention. Furthermore, the rest of your post was rubbish. If the user you were helping had priority debts then fine, but at least ask them for further information. Most of the posts I make on the forum are clarifying this before saying that the bank is wrong and go to the FOS.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • pingchris
    pingchris Posts: 283 Forumite
    squink wrote: »
    They tell you that (I had same with Barclays) but as I've also found with insurance companies, they often make the rules up as they go along.
    I was told similar, then received a payment months later out of the blue - think Barclays was clearing their decks. Wasn't a full payment (but less insulting than yours) and am taking the rest to the ombudsman (which will be pursued due to being in hardship).
    Main thing I've learnt, be persistent, and keep going higher :) (oh and if you did accept their joke payment that cannot prejudice you against receiving the rest if it is pursued).
    Another point - do it formally in writing, and keep records - makes it accurate, you can put in lots of lovely quotes about what their policies say (get bank's leaflets) and saves the stress of getting angry on the phone, plus is evidence for the ombudsman.

    thanks for that squink,they are very insulting at the halifax bank,there customer relations are condescending and abrupt,and you are right they lie,in fact they lie a lot and are very economical with the truth,my health is now suffering quite badly as i have to work harder and longer hours because of there charges,just got hit by another £70.00,may have to cancel all my direct debits now.:mad:
    missed direct debit charges,very odd,theres no pain so how come the big gain,i.e £39.00 for a letter
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