Has anyone taken a bank to court under hardship.....

norwichkaren

Hi all , I am considering taking Halifax to court as they have agreed I am in harship but have told me they arent paying me out anything?

Has anyone taken a bank to court and not had it stayed or declined....or has anyone actually been paid out after submitting a claim to the court?

natweststaffmember

norwichkaren wrote: »

Hi all , I am considering taking Halifax to court as they have agreed I am in harship but have told me they arent paying me out anything?

Has anyone taken a bank to court and not had it stayed or declined....or has anyone actually been paid out after submitting a claim to the court?

You need case law to do this, and there is no case law to rely on. If you go through the court process on bank charges you will get the case stayed. You might then look to get the stay overturned which will cost you money which you haven't got by definition of financial hardship and then it will be denied so you have wasted money you don't have(unless you qualify for fee remission---form EX150) and time on something that will remove the stay.

zzzLazyDaisy

But you could complain to the ombudsman. If they have admitted financial hardship, you should have a good case.

Orford

Court claims for bank charges will automatically be stayed, whether you are in hardship or not. Courts will not decide whether a claimant qualifies for financial hardship under the FSA waiver, that is up to individual banks and under the waiver directions do not have to make any refunds at all

norwichkaren

I have lodged a case with the FOS but this has been advised will take upto 6 months to assess.

I am sure I have read on here that people have submitted claims to the courts and the banks have paid out the day before the case was due to be heard etc etc...

They have admitted hardship and owe me around £1500 in charges back to 2001.

Seems very unfair they pay some hardship cases but not others?

natweststaffmember

norwichkaren wrote: »

I have lodged a case with the FOS but this has been advised will take upto 6 months to assess.

I am sure I have read on here that people have submitted claims to the courts and the banks have paid out the day before the case was due to be heard etc etc...

They have admitted hardship and owe me around £1500 in charges back to 2001.

Seems very unfair they pay some hardship cases but not others?

Mostly prior to July 2007 was when banks were paying out. On a clean claim with the FOS it should take 12 weeks. That means:

Final Response from the Bank
List of charges being claimed
All correspondence from the bank.
Income and Expenditure form
You also need to deal with the arguments from the Bank(on their final response) plus arguing how the charges were accrued ie how your income lowered, for example, loss of job, and how the charges themselves contributed further to the hardship which is in terms of priority debt arrears(mortgage/rent, council tax, utilities).
Nearly missed one, letters/notices of court action on the priority debt arrears.
If any of the above are missing then they may be delays caused by having to request further details.