Bank Charges Financial Hardship Disussion

Chris62

It's a real joy to read the amount of success people are having in reclaiming money from the Halifax. I have already successfully claimed in the past, but my recent experiences have led me to claiming again.

The story goes:

I had decided to close my current account with the Halifax, so I canceled all direct debits leaving only an amount in there to cover what was set up as online bill payments. What I had forgotten to do was to change the account from which my ebay invoices were paid from, a total of £3.16, which meant that after my bill payments were made I would have an overdraft of £3.16. What actually happened was that I was charged for each of the 4 bill payments that were made on the same day, despite the fact that 3 of them could have been paid without creating any overdraft at all. The cost to me was 4 charges of £35 plus an additional £28 for creating an unauthorised overdraft! Thankfully I had already changed banks by this point, so my salary was paid into the new account, though a £3.16 overdraft it had now increased to £171.16! I complained to the bank, but they just issued the standard statement and hit me with a further £28 and despite my requests to stop, my account now stands at £227.16 overdrawn, despite having not used it since January 2009.
I have now started to claim all this back, plus additional charges incurred since the last payout, plus interest, which gives a total claim of £400.68. I have enclosed a financial staement with my claim and I will keep you updated as to my progress!

emilyemily_2

wrote to lloyds tsb claiming financial hardship, listing all my expenses, back up info, letters etc and my reasons being:
signed off from work since last year due to illness and living on benefits
lloyds overdraft over £2000 with bouncing payments
unable to make my lloyds loan payments - although I asked them for help they have refused and are proceeding with court action
gas, electric, water final demands or with debt collection agencies
unable to meet even basic living costs eg food as full housing benefit still does not cover my full rent (thats london rent for you)

Are far as I can tell that meets more than enough criteria.

Lloyds wrote back stating there is not enough evidence of hardship.

What does it take?? They are hands-down the worst bank around, if only I could get out of their clutches!

natweststaffmember

emilyemily wrote: »

wrote to lloyds tsb claiming financial hardship, listing all my expenses, back up info, letters etc and my reasons being:
signed off from work since last year due to illness and living on benefits
lloyds overdraft over £2000 with bouncing payments
unable to make my lloyds loan payments - although I asked them for help they have refused and are proceeding with court action
gas, electric, water final demands or with debt collection agencies
unable to meet even basic living costs eg food as full housing benefit still does not cover my full rent (thats london rent for you)

Are far as I can tell that meets more than enough criteria.

Lloyds wrote back stating there is not enough evidence of hardship.

What does it take?? They are hands-down the worst bank around, if only I could get out of their clutches!

If they take you to court on Bank charges then you have a case. If they go to court for a CCJ on the loan account they will get less money from you because you will be able to show hardship. I would suggest taking it to the FOS or write to them and ask them what evidence they require you to show them

moneymonkey35

Update on bank charge claim to FOS:
After initially being quite impressed with the FOS (good communication etc.), I am starting to change my opinion.
After almost 3 months, they agreed with my bank (Natwest) that I was not in hardship. Apparently, the bank said that I was overpaying on tax and that if this was sorted, I would be able to pay off any arrears I had. This is total rubbish as I didn't make any reference to tax on my form. I don't even remember any questions about tax and as I am not self employed, it is irrelevant (I fail to see how they would even know about my tax situation).
If this wasn't bad enough, when I finally spoke to my adjudicator (she ignored my email complaining about the decision), she said she would get a copy of my I and E form to check it. I was a bit bemused as I had assumed that this had already been done. It seems as though 'careful consideration' means taking the word of the bank and not actually finding out for themselves.
I am pretty shocked that after 3 months, basically nothing has been investigated. I thought this was what the FOS was there for?! I am also fairly surprised that she didn't think to question the banks' response as it makes little sense.
Shame on you FOS! I'm not a happy bunny right now. Kinda got used to being angry at Natwest but am now angry at the FOS as well! :mad::mad::mad:

*money-magnet*

I have asked Lloyds to refund me, due to financial hardship. They have not tried to help at all! they never even asked for a financial statement from me. They basically just said NO. but I have sent my complaint to the financial ombudsman. Fingers Crossed. x

girlcosmic

Hi

Just to let you know that I think the Ombudsman are starting to clamp down on the hardship claims. I am a student, (access to higher ed so no financial help and not entitled to benefits) lost my job at christmas and have been living off credit cards and overdrafts.

I was refused as Barclays had "updated" their hardship polices - to which I was originally refused - and they gave me £500 from the £1500 I was asking for. Which was helpful but only meant I had a month nothing to worry about.

Ombudsman said as that the charges didn't directly relate to my hardship then I should take it up with the companies I have hardship with and that Barclays have been sympathetic.

That's all well and good but I got in a vicious circle of debt thanks to these bank charges (racked up in 3yrs) and I don't see how I can take anything up with the credit card people as I still want them to let me have money as how do I live???
I am looking for work, I am desperate for work but only till September when I hopefully get on my degree.

Just thought I'd share that with you as I got my hopes up thinking it was an easy win and it's not.

Girl Cosmic

PS I think we should stop lones and credit cards to those under 21 unless for serious purchases (houses, cars, etc)

hsalem

I am 'attempting' to process my reclaim via the FOS under the hardship exemption, however when I attempted to chase it up today some 6 weeks after my initial application to them, I was suprised when I was told that it would be at least another 4 months before my case would be looked at by an adjudicator !! Has anybody else had a similar experience ? & if so, do you know of any way to speed up the process ??

Any feedback would be greatly appreciated !!

wooooodzy

after nearly 13 weeks since i initially made a claim (and had the run around from halifax) I have filed a complaint with the fso,anyone had any success going down this route?im at my wits end!!

Hants_Girl

*money-magnet* wrote: »

I have asked Lloyds to refund me, due to financial hardship. They have not tried to help at all! they never even asked for a financial statement from me. They basically just said NO. but I have sent my complaint to the financial ombudsman. Fingers Crossed. x

Despite clearly stating our financial hardship, Lloyds have replied to us stating that our case will be on hold until the test case is complete. They havent asked for a financial statement. Could someone tell me if, we can take this further? Thanks

natweststaffmember

girlcosmic wrote: »

Hi

Just to let you know that I think the Ombudsman are starting to clamp down on the hardship claims. I am a student, (access to higher ed so no financial help and not entitled to benefits) lost my job at christmas and have been living off credit cards and overdrafts.

I was refused as Barclays had "updated" their hardship polices - to which I was originally refused - and they gave me £500 from the £1500 I was asking for. Which was helpful but only meant I had a month nothing to worry about.

Ombudsman said as that the charges didn't directly relate to my hardship then I should take it up with the companies I have hardship with and that Barclays have been sympathetic.

That's all well and good but I got in a vicious circle of debt thanks to these bank charges (racked up in 3yrs) and I don't see how I can take anything up with the credit card people as I still want them to let me have money as how do I live???
I am looking for work, I am desperate for work but only till September when I hopefully get on my degree.

Just thought I'd share that with you as I got my hopes up thinking it was an easy win and it's not.

Girl Cosmic

PS I think we should stop lones and credit cards to those under 21 unless for serious purchases (houses, cars, etc)

Go back to Barclays, I do see this a lot of people refusing claims on the basis that they are full and final settlements which they are not allowed to do under the FSA Waiver.
If you have credit card charges they are easier to reclaim than bank charges.