£6000 halifax hardship claim

stuart_32

Hi everyone
Ive been fighting with the halifax since 27.9.09 under hardship, I registered the complaint with the ombusdman on this date.
Ive clearly proved hardship through income expenditure form completed by my accountant, ive got zero income at the moment due to being self employed and have no work since october.
The bank have messed me about so much all the way through, not received IE form etc etc.
I started to send my red letters direct to a customer care manager by fax and she was ringing me to say she received them, it took them 3 weeks to verbaly admit hardship
from when my IE form went in (assessment dept). 0n 31st dec the bank issued final responce basicly stating that they understand I am experiencing financial dificulties and refered me to ccs and thats it.
They have still been charging me on my 2700 overdrawn account £5 a day until I phoned the collections dept yesterday!
The women in collections said she had no infomationn I was in financial difficulty from 27.9.09 because collections and customer relations dont lease info with each other!!!
Ive been charged £175 since 27.09.09 and they just kept saying "we didnt know you was in financial difficulty". After all the messing about and over 20 phone calls to the customer relations for 3 months, who just kept basicly sweet talking me bul"""" to bide time!! and use different excuses for everything I asked.
Ive passed all info on to ombusdman now and Ive filled 3 court claim forms in.
I plan to start the court claim on monday morning, ive proved to court im entitled to full legal aid and theyve agreed so any one got any info for my case and It will all be much appreciated.
My last 6 years charges are £6237 including interest.

thanks
(Removed by Forum Team)

Alpine_Star

stuart_32 wrote: »

Hi everyone
Ive been fighting with the halifax since 27.9.09 under hardship, I registered the complaint with the ombusdman on this date.
Ive clearly proved hardship through income expenditure form completed by my accountant, ive got zero income at the moment due to being self employed and have no work since october.
The bank have messed me about so much all the way through, not received IE form etc etc.
I started to send my red letters direct to a customer care manager by fax and she was ringing me to say she received them, it took them 3 weeks to verbaly admit hardship
from when my IE form went in (assessment dept). 0n 31st dec the bank issued final responce basicly stating that they understand I am experiencing financial dificulties and refered me to ccs and thats it.
They have still been charging me on my 2700 overdrawn account £5 a day until I phoned the collections dept yesterday!
The women in collections said she had no infomationn I was in financial difficulty from 27.9.09 because collections and customer relations dont lease info with each other!!!
Ive been charged £175 since 27.09.09 and they just kept saying "we didnt know you was in financial difficulty". After all the messing about and over 20 phone calls to the customer relations for 3 months, who just kept basicly sweet talking me bul"""" to bide time!! and use different excuses for everything I asked.
Ive passed all info on to ombusdman now and Ive filled 3 court claim forms in.
I plan to start the court claim on monday morning, ive proved to court im entitled to full legal aid and theyve agreed so any one got any info for my case and It will all be much appreciated.
My last 6 years charges are £6237 including interest.

thanks
(Removed by Forum Team)

Stuart

A few of questions:

Are the FOS aware that you have it in writing from your bank that they recognise your financial hardship status?

When you say you're starting a court claim on Monday, what is the claim for?

Can you expand on how you were granted eligibility for legal aid?

stuart_32

If you are claiming tax credits and working tax credits, then you are under the income threshold that the hmcs require, see form ex160a. (fee remission)
It would cost £225 to issue a court claim for between 5000 and 15000 claim.
I am pushing the point Ive gone as far as I can with fso and ombudsman and feel strongly that im being treated unfairly because the halifax are treating me differently than other claimants who have been payed out under the same circumstances.
My income expenditure is vertualy zero income with 1500 going out, which in my eyes is the worst case scenario.
Ive been told its going to take 3 months for an adjuicater from ombudsman service so im going to give it a try.
Will no more on monday when I take my forms in to court.

dunstonh

My income expenditure is vertualy zero income

Stuart, you are self employed and that means your income is viewed over the tax year. So, how is your income going to stack up over the tax year? (i.e. if you had a good period between April and October, that will be held against you).

So, is your income for this tax year averaging out to be virtually zero?

Were you in financial hardship 2,3,4,5 & 6 years ago when the charges were levied?

Are the charges on a business account or personal account? Are all of them for unauthorised overdrafts and bounced items or have you included business charges in there as well?

Will no more on monday when I take my forms in to court.

What grounds are you going to give though considering the recent court case rejection?

Premier_2

stuart_32 wrote: »

If you are claiming tax credits and working tax credits, then you are under the income threshold that the hmcs require, see form ex160a. (fee remission)....

How do you qualify for working tax credit when you are not working?

stuart_32

Premier wrote: »

How do you qualify for working tax credit when you are not working?

self employed with no work, its a joint claim with my partner,
tax credits are worked out on a monthly basis and change for a couples combined income each month,my accountant does it for me.
The adviser at the courts told me to bring a covering tax credit claim letter, stating working tax credits and child tax credits and that is evidence for fee remission.

stuart_32

dunstonh wrote: »

Stuart, you are self employed and that means your income is viewed over the tax year. So, how is your income going to stack up over the tax year? (i.e. if you had a good period between April and October, that will be held against you).
april 09 until now has been very poor with 2500 total going in.


So, is your income for this tax year averaging out to be virtually zero?

Were you in financial hardship 2,3,4,5 & 6 years ago when the charges were levied?
no, ive been in hardship only this year.
Are the charges on a business account or personal account? Are all of them for unauthorised overdrafts and bounced items or have you included business charges in there as well?
personal account



What grounds are you going to give though considering the recent court case rejection?

no idea! ive filled the hmcs claim form explaining exactly whats happened, what charges have been made, and trying to claim my money back through hardship,
To be honest I dont know where I stand with it.

Alpine_Star

So are you intending to issue a court claim simply for the charges? And if so have you considered what to use in your particulars of claim? You say you've filled in 3 court claims - what are these for?

Alpine_Star

stuart_32 wrote: »

no idea! ive filled the hmcs claim form explaining exactly whats happened, what charges have been made, and trying to claim my money back through hardship,
To be honest I dont know where I stand with it.

Your financial hardship status won't really help you in claiming the charges back in court. Even though the bank has confirmed your hardship status they are under no obligation - legally or with the FOS - to refund anything.

stuart_32

Alpine_Star wrote: »

So are you intending to issue a court claim simply for the charges? And if so have you considered what to use in your particulars of claim? You say you've filled in 3 court claims - what are these for?

I was issued with 3 forms all the same, 1 for the court, 1 for yourself and 1 for the defendant.
for particulars of claim, ive stated that Ive been treated unfairly and my reasons.
Ive explained that other people have been payed out in full recently after the court case which I feel is discrimination.
am i wasting my time then?
Worth a try or not!!

Alpine_Star

stuart_32 wrote: »

I was issued with 3 forms all the same, 1 for the court, 1 for yourself and 1 for the defendant.
for particulars of claim, ive stated that Ive been treated unfairly and my reasons.
Ive explained that other people have been payed out in full recently after the court case which I feel is discrimination.
am i wasting my time then?
Worth a try or not!!

IMO on the basis of your claim you don't stand a chance in court and you could well land up be liable for the defendant's costs.

My advice would be to hang fire for a couple of weeks until the new arguments/advice/letters that MSE and other sites are developing are published and then take a view as to whether to complain to the Ombudsman or issue a court claim. Remember that once you issue a claim in court you cannot take the claim to the Ombudsman.