hardship claim partially settled, can it be settled in full

gaznkaz08

we had a hardship claim handled by a firm last year last which resulted in us receiving £1900 and came with the following letter that basically said this is a goodwill payment and we have closed our file but if we are ordered by the court to make any payment in respect of the overdraft charges complaint then this payment will be minus this goodwill gesture

well the total of charges over the 2 account was in the region of 5k, we've had the standard "not upholding the complaint you've got 8 weeks" letter

well if they have part payed a hardship claim can i go after the rest now on my own??

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natweststaffmember

I think you need to find out if the firm that is dealing with your complaint is continuing the claim. Can you clarify if you are meaning the bank or a claims management company?

gaznkaz08

a claims management firm that i haven had a reply from since the test case, the bank seems to be dealing direct with me now, and i seem to be a little more knowledgeable since this all started so i was going to reply directly to bank myself, and as the bak has given me 8 weeks from 21/12/09 i don't want to miss out waiting for the "firm" to sort anything

i am just in the process of putting a letter together

what would be the correct wording for finishing this sentence

[FONT=&quot]where you agreed to settle our claim partially due to our financially difficulty under the financial hardship[/FONT]........................

natweststaffmember

gaznkaz08 wrote: »

a claims management firm that i haven had a reply from since the test case, the bank seems to be dealing direct with me now, and i seem to be a little more knowledgeable since this all started so i was going to reply directly to bank myself

i am just in the process of putting a letter together

what would be the correct wording for finishing this sentence

[FONT=&quot]where you agreed to settle our claim partially due to our financially difficulty under the financial hardship[/FONT]........................

Unless the claims management firm have withdrawn from having any dealings with you then by proceeding yourself they will still have a vested interest in your claim.
You need to write to them and ask if they have withdrawn from your case and give them a set number of days to respond before dealing with it yourself or it could bite you in the backside.

gaznkaz08

natweststaffmember wrote: »

Unless the claims management firm have withdrawn from having any dealings with you then by proceeding yourself they will still have a vested interest in your claim.
You need to write to them and ask if they have withdrawn from your case and give them a set number of days to respond before dealing with it yourself or it could bite you in the backside.

ok will do that, but in the meantime i'd like to get everything ready in case i need to do it myself, have i got a case if they've accepted i'm in financial hardship but only part settled?


how long should i give the firm to respond??

gaznkaz08

right just spoke to them re the bank accounts and they said they will not be taking any further action on them

so as the bank have already partially paid out under hardship, can i get the rest of the claim myself???

natweststaffmember

gaznkaz08 wrote: »

right just spoke to them re the bank accounts and they said they will not be taking any further action on them

so as the bank have already partially paid out under hardship, can i get the rest of the claim myself???

The answer is that under financial hardship it is unlikely that you will be able to increase it. However, Martin will have further advice in a couple of weeks.

gaznkaz08

natweststaffmember wrote: »

The answer is that under financial hardship it is unlikely that you will be able to increase it. However, Martin will have further advice in a couple of weeks.

ok thanks for the reply, even though the payment i was given wasn't stated as full and final settlement??

natweststaffmember

gaznkaz08 wrote: »

ok thanks for the reply, even though the payment i was given wasn't stated as full and final settlement??

Unless you can argue that the charges taken over a specific period of hardship and not just the odd one or two here or there and then a spiral caused by something like loss of job, etc,etc, then it is unlikely they will negotiate it. When was the offer made?

gaznkaz08

natweststaffmember wrote: »

Unless you can argue that the charges taken over a specific period of hardship and not just the odd one or two here or there and then a spiral caused by something like loss of job, etc,etc, then it is unlikely they will negotiate it. When was the offer made?

offer was made june 09, it was just charge after charge after charge pretty much constantly from 02-04ish, i stopped using the acc's in the end both -£1000 approx, both only had a 250 OD limit, still paying a dca for them now

we got in hole and just couldn't get out of it

natweststaffmember

gaznkaz08 wrote: »

offer was made june 09, it was just charge after charge after charge pretty much constantly from 02-04ish, i stopped using the acc's in the end both -£1000 approx, both only had a 250 OD limit, still paying a dca for them now

we got in hole and just couldn't get out of it

You are aware that any refund is more than likely going to go towards the amounts being paid off. right?