Has your bank (esp Lloyds) ignored your hardship claim?

jopwo_87

You told me that when i raised a thread about it before lol. Its currently with the FOS and they are dealing with it but just thought id add my twopenneth to the thread.

natweststaffmember

jopwo_87 wrote: »

You told me that when i raised a thread about it before lol. Its currently with the FOS and they are dealing with it but just thought id add my twopenneth to the thread.

you'll be amazed how many repeats I go through on MSE

sandraroffey

my gripe is with shabbey (abbey)

been helping a friend get her charges back for a couple of years. right from the start there were several years-worth of statements missing and we still havent had them, despite asking for them millions of times. they dont even acknowledge that they are dealing with. but then, thats because they arent dealing with it.

9 weeks ago, we returned to shabby the forms we requested for my friend to claim under the hardship rules. not even a reply. a second letter has been sent and no reply to that one either. all sent recorded as well but i think now that sending stuff recorded doesnt make a jot of difference.

what are these people playing at??? do they really think that this behaviour is helping their cause??

and if the time comes for them to make an offer, they will be basing it on the figure submitted which doesnt include the missing several years of statements.

they are walking all over us and no one is helping out joe public. if you are claiming under the hardship rules, it means you are having hardship NOW, not when someone deems that you get to the front a very long queue.

natweststaffmember

sandraroffey wrote: »

my gripe is with shabbey (abbey)

been helping a friend get her charges back for a couple of years. right from the start there were several years-worth of statements missing and we still havent had them, despite asking for them millions of times. they dont even acknowledge that they are dealing with. but then, thats because they arent dealing with it.

9 weeks ago, we returned to shabby the forms we requested for my friend to claim under the hardship rules. not even a reply. a second letter has been sent and no reply to that one either. all sent recorded as well but i think now that sending stuff recorded doesnt make a jot of difference.

what are these people playing at??? do they really think that this behaviour is helping their cause??

and if the time comes for them to make an offer, they will be basing it on the figure submitted which doesnt include the missing several years of statements.

they are walking all over us and no one is helping out joe public. if you are claiming under the hardship rules, it means you are having hardship NOW, not when someone deems that you get to the front a very long queue.

Sandra, I have to say I spent 2 months asking them for information and I certainly got it from them including their income and expenditure form(I was very happy at getting this which I thought was fantastic).
Unfortunately, as I cannot upload on here the info is on the Legal Beagles site:
Link: http://www.legalbeagles.info/forums/showthread.php?t=18427
Am still working on other banks as we speak but so far I have RBS/NatWest, HSBC, Nationwide, and now Abbey. It explains their process ie address, I&E form and how long it takes for a decision.

zigzagzen

h_p_swymm wrote: »

zigzagzen

[/U][/COLOR]10. Those cases currently claiming hardship; hardship under the FSA waiver; or hardship due to a vulnerability such as a disability of some sort; or any other viable hardship situation: - the bank is immediately obliged to look at the case from this point of view, but it does not mean that the bank was responsible for that 'hardship'. A payout would only result if the customer could show ((or the bank was exposed to showing by their own records that there was an occurrence of either - bank errors; or that the historic bank account information or possibly even lack of information/action or misinformation as a possible cause for their customer's hardship, either when they initially examine the claim or when the case is examined by FOS later)) that it was the banks actions that contributed to the customer's situation thus causing or worsening the hardship that the customer was in.
WRONG.

Absolutely untrue. If you are assessed as being in hardship the bank will pay your claim or some of it because WHEN they lose the court case they do not want to sustain additional financial burdens due to worsening your situation.

Remember the Banks have already lost this case twice and are on final appeal. It is not looking good for them and if they ignore people in hardship now they will pay out more when they lose. As they expect to. It's called "risk management".


a. The hardship has to be proven to have been caused by the bank (as I say above). Otherwise it is nothing to do with the bank........

In reality this is not always relevant. I never once claimed my bank was the cause of my hardship .. they still paid out over £2,000 in a settlement in advance of the test case outcome.

@NatwestStaffMember

The banks expect to lose this. And the OFT already indicated it thinks the fees are unfair. The banks habit of paying out millions before going to court makes it look like they really agree with both - and are fighting purely as a business tactic. I know the Lords decision will not be the end of this .. it will be the start of the finish - unless it overturns the lower courts.

ZZZ

natweststaffmember

zigzagzen wrote: »

In reality this is not always relevant. I never once claimed my bank was the cause of my hardship .. they still paid out over £2,000 in a settlement in advance of the test case outcome.

@NatwestStaffMember

The banks expect to lose this. And the OFT already indicated it thinks the fees are unfair. The banks habit of paying out millions before going to court makes it look like they really agree with both - and are fighting purely as a business tactic. I know the Lords decision will not be the end of this .. it will be the start of the finish - unless it overturns the lower courts.

ZZZ

The banks' paying in prior and during the OFT test case are without liability gesture of goodwill payments so whilst I do agree with you in terms of the fact that they may think they will lose, they will fight tooth and nail on the issues. The HOL(now supreme court) decision isn't the end but I agree with you it is the beginning of the end. It it is referred to the ECJ, I can't see this case being lost by the OFT since the ECJ has been proven to be more consumer friendly.

onlypaddy

natweststaffmember wrote: »

If you have you are wasting your time. No Financial Hardship case will have a stay lifted. There is no case law for doing so. The Financial hardship exemption is based on financial regulation and not case law. Apologies for being blunt but when you fail to get it lifted then you will know that you were warned.
Moore-Blix who is deputy Master of the Rolls seemed to give an indication that all case on hold or stayed pending the OFT test case issues was a reasonable step to take. This advice was given February 2009 and still remains today.

i don't mind you being blunt, I just wish I had known before! the response came back a month ago saying they would not lift the stay, I thought they might at least force Lloyds to look at my situation and determine whether or not I was in hardship. Fortunately like I say I have a well paid graduate job now so I've got back up on my feet so I can sit and wait for the test case to finish and let the interest mount up

natweststaffmember

Am gonna come back to this thread in the next few days with the precise process and address to send things to. Am just clarifying a few things but will get this one sorted tonight or tomorrow at worst.

Ron_Bolton

Re bank chargse repayment under hardship rules. Nation wide are also ignoring the directive, I applied under the hardship rules ( claim submited to court in 2008 @ Walsll CC ) After being in touch with Nation wide and the ombudsman:beer: Nationwide credited £200.00 to my account for the time period august to sept2008.I claimed for all my bank charges totalling £3800.00 inc int,I became incapacitated in Feb 2008 and are still in hardship receiving only incapacity benifit.:embarasse

chippy37

MSE_Martin wrote: »

Just a quick thank you - we're swamped with over 100 case studies now - but it means the issue is definitely a real one!

hi martin, all these people talking about Lloyds TSB like this, its unbelievable. Isnt there anything else we can do??? Lloyds TSB give us a weekly call asking for money. We are turning them down right now as we are really struggling. I got £40 charges on the 3rd of september. They rang today asking for £239 to get us back in our overdraft limit. Because we turned them down we have no money. they said we are getting charged £82 nxt month and thats in 4 days. How do they work that one out? Instead of bailing the bank out, we should have let it fall. Then all of us Lloyds TSB customers wouldnt have had to pay anything back, and we would have been stress free. Think we should all send a letter to Gordon Brown that would p*** him off.