For all you legal experts...

neilnicky

Hi guys.

It my wits end with the Abbey. They have taking £2200 from me recently- at least £500 of that since I was declared in hardship by them.

My overdraft is for £2200 as well.

Would it be possible to tell the Abbey that I will no longer pay back my overdraft as the £2200 is roughly the same amount they have taken in bank charges. Could I say to them 'you can take me to court for the money as this debt is in dispute and is made up off bank charges. Could you also please stop charging interest on this debt as well until it is sorted out in court and we'll see who owes who.

Do you think this would work?

Thanks very much guys.

Neil

natweststaffmember

neilnicky wrote: »

Hi guys.

It my wits end with the Abbey. They have taking £2200 from me recently- at least £500 of that since I was declared in hardship by them.

My overdraft is for £2200 as well.

Would it be possible to tell the Abbey that I will no longer pay back my overdraft as the £2200 is roughly the same amount they have taken in bank charges. Could I say to them 'you can take me to court for the money as this debt is in dispute and is made up off bank charges. Could you also please stop charging interest on this debt as well until it is sorted out in court and we'll see who owes who.

Do you think this would work?

Thanks very much guys.

Neil

If they have said you are in financial hardship then what are they doing about that?
Are they refunding charges? Are they freezing interest and charges?
What stage are you currently at with them?

neilnicky

Hi mate and thanks for your reply.

They made me an offer of £193.

I decieded to reject it and asked for a better offer or I will go to the FOS. They have since then ignored me which was 2 months ago but continue to add charges.

natweststaffmember

neilnicky wrote: »

Hi mate and thanks for your reply.

They made me an offer of £193.

I decieded to reject it and asked for a better offer or I will go to the FOS. They have since then ignored me which was 2 months ago but continue to add charges.

Ok, that was a mistake rejecting the offer. I keep saying to posters about that. I'm an accept and negotiate person since if you reject it they can then turnaround and say well that's it and you end up with nowt. In the other scenario you get another letter on the accept and negotiate side either saying yes or no. If it's been 2 months then you should have been with the FOS by now but you will have to argue that the reason why there was no funds to cover bills was because of a lifestyle event, ie unemployment, cut of hours and that it worsened you finanical hardship. Don't go to the FOS with, they didn't refund in full. It is a rarity rather then the rule that this happens and the FOS will agree with Abbey on that point.

neilnicky

Thanks natwestmeber for your reply. I'm really thankful for the advice giving here. Point taking about the FOS as well.

What about my other question about the overdraft? Would this work what I have stated above.

Thanks again.

Neil

natweststaffmember

neilnicky wrote: »

Thanks natwestmeber for your reply. I'm really thankful for the advice giving here. Point taking about the FOS as well.

What about my other question about the overdraft? Would this work what I have stated above.

Thanks again.

Neil

There are people that do that but I still think you have to be reasonable and if you move your account entirely then offer a payment per month until either it's clear or the OFT test case issues are resolved, but it has to be within your budget to do so otherwise you leave one hardship for another one.

neilnicky

Thanks again natwestmember.:beer:

neilnicky

Are the banks still allowed to apply charges when they have declared that you are in hardship?

Orford

They can consider doing so, but there is no requirement:

FSA Waiver Directions:

15.
When dealing with complainants in financial difficulty, the firm should consider the following steps in respect of the period during which they are assessed as being in financial difficulty:

(a) the firm might waive future unauthorised overdraft charges; and

(b)the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

neilnicky

Orford wrote: »

They can consider doing so, but there is no requirement:

FSA Waiver Directions:

Thanks very much mate.