Bank Charges Financial Hardship Disussion

dirtydavey

shooter wrote: »

Hi dirtydavey

The banks will try anything to stop you getting your money back, BUT they are playing with fire if they try to deny te New FSA waiver criteria for hardship cases.

Write to them with as much detail as possible of each part of the criteria that you fulfill if they still deny it then contact the FSA
with a copy of any correspondance from your bank

The hardship conditions are explained under the heading
Dealing with complainants in financial difficulty - annex 2 here:

http://www.fsa.gov.uk/pages/Doing/Re...sp_monthly.pdf

The above will help you.

do make sure the letter is personal to you, many banks are now either paying out on harship cases or or stopping charges and interest on accounts until the outcome of the test case as my bank have done for me.

you can see my letter at
http://www.legalbeagles.info/forums/...ead.php?t=9830


The fact that they are trying to deny the new waiver rules is in some ways good for us claiments cause if they continue to do so the the FSA may decide to lift the waiver altogether and then we can all get back to getting our money back from the banks

GOOD LUCK and don't hesitate to post if you need more help

Shooter x

Thanks for your help! I will send them a letter!

Dave

MiniLaura

I'm trying to help someone with charges from a current account at Clydesdale bank - charges have only been accrued in last 2/3 months and relate to change of circumstances - went back to uni to do post grad teaching and had no income for year appart from student loan

Income stopped in June and unable to find work at present, and cant sign on till sept due to end of course being them!

SO:

At present at parents house - outgoings are only credit card and loan repayments and mobile phone, other costs covered by parent.

Wanting to claim under financial hardship but im not sure if its worth all the hassle or better to persue them for charges through complaints procedure? ie he repeated told bank he was in financial hardship and they refused to help him (charges occured due to a non regular direct debit coming off unexpectedy - worth 7.99, caused about £200+ charges)

Any ideas on best way to go? Going to bank to speak to them and try and get a feel for best way to deal with this - getting template letters ready and statement of expenditure for visit.

shooter

MiniLauraRocks wrote: »

I'm trying to help someone with charges from a current account at Clydesdale bank - charges have only been accrued in last 2/3 months and relate to change of circumstances - went back to uni to do post grad teaching and had no income for year appart from student loan

Income stopped in June and unable to find work at present, and cant sign on till sept due to end of course being them!

SO:

At present at parents house - outgoings are only credit card and loan repayments and mobile phone, other costs covered by parent.

Wanting to claim under financial hardship but im not sure if its worth all the hassle or better to persue them for charges through complaints procedure? ie he repeated told bank he was in financial hardship and they refused to help him (charges occured due to a non regular direct debit coming off unexpectedy - worth 7.99, caused about £200+ charges)

Any ideas on best way to go? Going to bank to speak to them and try and get a feel for best way to deal with this - getting template letters ready and statement of expenditure for visit.

Please see my post above.

Have a look at the link to the waiver's hardship rules, If your friend, fulfills any of the criteria the he should write to his bank stating with parts his personal circumstances fit.

Good Luck

Shooter x

amandalvsdean

Hi there, we 1st reclaimed bank charges when martin 1st announced it on tv and have waited patiently for various appeals etc. After reading of the hardship exception ruling, we immediately wrote to lloyds again, as advised by martin and asked them to honour the new hardship ruling. We received a reply telling us that we still have to wait until their next appeal in court, is this allowed? We were under the impression that if we were in financial hardship (which we very much are, as lloyds well know and agreed) then we would be a priority and were hoping for an offer from them, did we get this wrong or are lloyds trying to put us off for longer? Please can anyone help as we'r very confused. Many thanks

shooter

amandalvsdean wrote: »

Hi there, we 1st reclaimed bank charges when martin 1st announced it on tv and have waited patiently for various appeals etc. After reading of the hardship exception ruling, we immediately wrote to lloyds again, as advised by martin and asked them to honour the new hardship ruling. We received a reply telling us that we still have to wait until their next appeal in court, is this allowed? We were under the impression that if we were in financial hardship (which we very much are, as lloyds well know and agreed) then we would be a priority and were hoping for an offer from them, did we get this wrong or are lloyds trying to put us off for longer? Please can anyone help as we'r very confused. Many thanks

Did you get this from them in writing?
When did you write to them again?
Is you original claim stayed due to the test case?
which parts of the new FSA waiver hardship criteria do you come under? see below.

The hardship conditions are explained under the heading
Dealing with complainants in financial difficulty - annex 2 here:

http://www.fsa.gov.uk/pages/Doing/Re...sp_monthly.pdf

Is it postible for you to post the letter you sent re hardship? taking out any personal details!

Sorry for all the questions but your answers will help me help you.

Shooter x

creativewolf23

Hey Everyone, I have been trying to claim back my charge's £500, I used this sites template letters thanks , and got the normal responce ie test case ect:mad:,
Now to the tricky bit:think:, When these charges were taken out of my account I was a hardship case, Living in council flat, on incapatisity benefit, having recentley come out of a phyc ward due to mind related issues, anyway the back was charging overdraft fees out of my benefit. Now to the present day, I am living in OZ with my patner saving at least 10%:o:money: life is good, and i am no longer a hardship case,

:think:Question : What is the laws timings as to hardship ? is it only present day ? or does it relate to when the charges were taken out ?

Can someone please help £500 is a lot more money down under !!:T:T

Cheers peace balence and 10% saving
Creativewolf23:A:beer::hello:

Nathan_Spleen

You need to be in financial hardship at the time you're assessed for it I'm afraid.

Furch

Hi

I have recently put in claim against the RBS under financial hardship. I am still waiting for a response - should I send a 'reminder' letter now this news of financial hardship cases not being on hold has come through?

Thanks



p.s. Has anyone else in financial hardship made any progress since this latest news?

mrsh2103

Hi,

I have recently written to Lloyds TSB's solicitors - Sechiari, Clark & Mitchell, regarding financial hardship and my claim for £2250. I currently have £41k of debt and am having to have my home reposessed.

I received a letter back today from them saying:

'Thank you for your letter of the 31st July last, the contents of which have duly been noted.

After taking our client's instructions in respect of your said letter, our Client does not accept that lifting the stay on grounds of financial hardship is appropriate. Therefore, our Client will not agree to the stay being lifted and this should remain in place until the final determination of the OFT test case.

In light of the above, we are instructed to oppose any application you may make to the Court seeking an order whereby the stay is lifted in your case.'



I have now made an application to the Financial Ombudsman, but am not holding out any hope.

Is anyone else having problems with these people?

Thanks

johns-turner

The extended waiver makes it clearer what "financial difficulty" means. However, I am dismayed to find neither Barclays or Lloyds TSB mentioned this exception in their update correspondence I received about a month ago.

I contacted Lloyds TSB and stated my position the I fitted the criteria for "financial difficulty". The response was a standard letter emphasizing their view that the legal decision from April 2008 was more in their favour than mine. And an implied view that I should be grateful that the banks were "winning the argument".

Neither Barclays or Lloyds TSB are honouring the "waiver", in my opinion. I was wondering whether any other claimants had received similar cool treatment?