Bank Charges Financial Hardship Disussion

HAVEFAITH

How do you remove a court 'stay'?

Hi I'm awaiting a court date to remove a stay on bank charges. A friend has asked my help and is looking to retrieve charges under the financial hardship banner.

So please can i ask what is the process for the removal of the stay application. Costs & procedure please?

natweststaffmember

HAVEFAITH wrote: »

How do you remove a court 'stay'?

Hi I'm awaiting a court date to remove a stay on bank charges. A friend has asked my help and is looking to retrieve charges under the financial hardship banner.

So please can i ask what is the process for the removal of the stay application. Costs & procedure please?

Answered on your other thread, and answered on CAG(not sure if you posted the question on any other forum

natweststaffmember

rallyfan wrote: »

Yes, in loads of trouble with Mortgage, some heating arrears on an old account which is in the hands of debt collectors (moderated by Payplan), our main unsecured creditors are being dealt with via Payplan too with a debt management plan.

My wife was made redundant in Jan and I have been on half pay since Feb, due to long term illness (probably starting back next week).

Do you have any payment plans in place with those priority debtors?

HAVEFAITH

natweststaffmember wrote: »

Answered on your other thread, and answered on CAG(not sure if you posted the question on any other forum

Thanks, i'm trying to canvas thought from others also.

rallyfan

natweststaffmember wrote: »

Do you have any payment plans in place with those priority debtors?

Hi - with the old fuel company, Payplan pay these via a Debt Plan, the Mortgage Co., have sent a representative to our house to ascertain the reason for the arrears - with nothing concrete with them, as yet (owe over 2k in arr's).The Halifax have not asked for a breakdown of our finances, I have only outlined what has happened to sustain a Hardship situation and to get them to look at the case again, I seem to have hit a brick wall with them...........;)

rallyfan

Essess wrote: »

Hi Rallyfan
I have never posted on here either but have used the template letters to try to claim just over £3000 from HSBC.
I duly completed the I & E form and contacted them by phone as well as by letter.
Received a phone call today from HSBC who say that they have found that we are not in hardship because our income is £5 over the top of their "cut off" point for Hardship claims!
I told the man that because we had had over £500 in charges within 12 months then that was to be seen as indicative of Hardship. He said he hadnt heard of that and where had I heard that etc and could I hold while he checked with "the Team"...coming back to say No, that just means that if you've had £500 worth of charges it can be "assessed" for hardship!..and says NO because we are £5 over the top!
Amazing really when we went into the local branch for help with our finances and were told that it wasnt possible for us to cut back on anything as they could see we were just surviving as it was, and THEY advised us to go down this route!
Any ideas what to do now?
Thankyou:o

Hi there - I have hit a bit of a stalemate with them, they have not asked for a financial statement from us, only I have outlined the circumstances which I believe have placed us in hardship, for them to "re-look" at our claim against them, the last letter I have had from the halifax states that they suppressed charges on our (dormant) account for 3 months, they have made no offer of payment at all - it looks like it's the FOS or the Small Claims Court...........

rallyfan

LJ1911 wrote: »

We are currently claiming bank charges back from Bank of Scotland (I take it this will be the same as Halifax). Anyway we got a very long winded 3 page letter from them basically saying they appreciate we are in financial hardship but they will not deal with our case until after the test case. In the meantime we would be contacted by money management who would offer us advice. Well I waited a week and still no call or letter from money management so I contacted the person dealing with our case in customer relations. He advised that he could do no more until I spoke with money management and it would be them that decide what was to happen with our case. He then gave me the number (0845 6039079).

I called this number and spoke with a very nice lady who went through my income and expenditure and she said it looked as though we were trying to get the best deals and keep up with payments etc. Therefore she said we would be contacted by CRs within 14 days with good will offer and they would suppress the charges for 3 months.

We are still waiting on reply from CRs but I have been calling every other day just to check on progress. I am not sure what the good will gesture will be as our claim is for nearly £3000 but it doesn't look like we will get anything near this.

Hope this helps as the letter they send out appears to be a final response but it appears to be money management that decides whether they will proceed or not. I think it is still CR that decides on the amount though.

Hi - I have had a similar letter prior to me asking the Halifax to take another look on Hardship grounds, as I have mentioned at no time have they asked for a financial breakdown !!?? they stopped charging me for 3 months too !! No moneya has been mentioned and i have claimed 3.7K from them....:rolleyes:

Aladinlondon

I had a claim for bank charges with Abbey (£4,000) which like evceryone else's was on hold cos of the OFT case so I went down the hardship route about a month ago and my7 case was heard and Abbey have offered me £2,300 which I will take. So case now closed. Never knew about hardship cases foe reclaims till Martin brought it up on this site. Just waiting for the cheqwue to arrive.

natweststaffmember

Aladinlondon wrote: »

I had a claim for bank charges with Abbey (£4,000) which like evceryone else's was on hold cos of the OFT case so I went down the hardship route about a month ago and my7 case was heard and Abbey have offered me £2,300 which I will take. So case now closed. Never knew about hardship cases foe reclaims till Martin brought it up on this site. Just waiting for the cheqwue to arrive.

Just remember to keep the correspondence cos you are still owed £1700 once the OFT test case issues are resolved should the OFT win the case.

natweststaffmember

rallyfan wrote: »

Hi - with the old fuel company, Payplan pay these via a Debt Plan, the Mortgage Co., have sent a representative to our house to ascertain the reason for the arrears - with nothing concrete with them, as yet (owe over 2k in arr's).The Halifax have not asked for a breakdown of our finances, I have only outlined what has happened to sustain a Hardship situation and to get them to look at the case again, I seem to have hit a brick wall with them...........;)

You should get an income and expenditure from the bank, however, you can complete a common financial statement and send it with your letter
Example below:
http://www.moneyadvicetrust.org/content.asp?ssid=38