Reclaiming Bank Charges with Financial Hardship

Adam_W_2

Morning all,

Last year I filled my complaint against the charges to my HSBS bank account and received confirmation they have noted my complaint, but it is being held until the outcome of the court case.

I recently read on a MSE email the possibility of speeding up the process, as those in financial hardship should be dealt with ASAP.

So, having lost my job a few months back, I have since had to sign on for jobseekers allowance. I, along with the information on this site considered it to be financial hardship, therefore I have contacted my bank, claiming financial hardship, asking for the money back.

I received the following letter recently. To me, along with my parents, the first page makes no sense whatsoever!

Has anybody here received the same letter, or could anybody shed some light on what they are trying to say?

The middle of the letter basically says my complaint is stored and they will deal with it once the court case is over.

BUT, I'm confused as to what they mean on the first page? Any ideas?

£800 would be very useful right now!

natweststaffmember

Yes you may have quoted the Social Security and Administration Act 1992 with regards to the unlawful taking of charges from your benefits paid in. The definition of charges is not bank charges which they have explained. Furthermore they have stated the OFT test case issues are still unresolved. Moreso, they then explain to you how financial hardship process works, ie income and expenditure form and an assessment of your current financial situation.

Adam_W_2

Thanks for the reply.

The misunderstanding wasn't with the test case being unsolved and how the financial hardship process works.

Still, after your reply, i dont understand what they are explaining on the first page. My position is such that i am claiming jobseekers allowance, therefore in financial hardship.

From the bank charges reclaiming section of the site: "Those in financial hardship are exempt from the hold on reclaiming. Anyone struggling or who's income isn't sufficient to meet reasonable living costs, should read the bespoke Bank Charges Hardship guide for how to get your money back now."

Has anyone else had this response? I am not sure whether to wait for the result of the test case or pursue the financial hardship route further.

natweststaffmember

Adam_W wrote: »

Thanks for the reply.

The misunderstanding wasn't with the test case being unsolved and how the financial hardship process works.

Still, after your reply, i dont understand what they are explaining on the first page. My position is such that i am claiming jobseekers allowance, therefore in financial hardship.

From the bank charges reclaiming section of the site: "Those in financial hardship are exempt from the hold on reclaiming. Anyone struggling or who's income isn't sufficient to meet reasonable living costs, should read the bespoke Bank Charges Hardship guide for how to get your money back now."

Has anyone else had this response? I am not sure whether to wait for the result of the test case or pursue the financial hardship route further.

There is a school of thought that says that you cannot get bank charges on an account because of a law called the "Social Security Administration Act 1992" which states that charges cannot be assigned to a debt. So it is explaining that the terminology is not right. To be honest I have no idea why they have written that response to you on page 1 as it would appear to be irrelevant.

Adam_W_2

Thanks for the reply. Does seem to be irrelevant, and confusing!

Still not sure whether to pursue the financial hardship route or just wait for the test case to finish.

natweststaffmember

Adam_W wrote: »

Thanks for the reply. Does seem to be irrelevant, and confusing!

Still not sure whether to pursue the financial hardship route or just wait for the test case to finish.

Ask the question because they will either say YES or NO