can I pursue both ways?

g3ern

Hi, my 81 year old mom has a 'stayed claim' for bank charges with the courts, and due to her health and age I am wondering if I can put the claim to the ombudsman also? she has no desire to follow the hardship route (either by going to court and pleading her case, or discussing her financial situation with a bank official) although she more than qualifies, due to inbred pride and not wanting to admit she needs the help, but she seriously needs the £800 taken in bank charges to live on.

natweststaffmember

g3ern wrote: »

Hi, my 81 year old mom has a 'stayed claim' for bank charges with the courts, and due to her health and age I am wondering if I can put the claim to the ombudsman also? she has no desire to follow the hardship route (either by going to court and pleading her case, or discussing her financial situation with a bank official) although she more than qualifies, due to inbred pride and not wanting to admit she needs the help, but she seriously needs the £800 taken in bank charges to live on.

Is she doesn't speak with the bank about her circumstances the bank have the right to reject the claim for financial hardship. If you read my signature page 20 onwards you will see what she has to give them and what they have to do for her. Failure to disclose the information is reason to reject the claim.

Premier_2

g3ern wrote: »

Hi, my 81 year old mom has a 'stayed claim' for bank charges with the courts, and due to her health and age I am wondering if I can put the claim to the ombudsman also? she has no desire to follow the hardship route (either by going to court and pleading her case, or discussing her financial situation with a bank official) although she more than qualifies, due to inbred pride and not wanting to admit she needs the help, but she seriously needs the £800 taken in bank charges to live on.

The FOS will not usually consider a claim that is already the subject of a legal dispute.

natweststaffmember

Premier wrote: »

The FOS will not usually consider a claim that is already the subject of a legal dispute.

They will under financial hardship(FH) route Premier, but the issue is that the OP's mother won't talk to the bank and therefore unless they do, I would be surprised if the FOS decide on anything with regards to a FH case anyway. Even in the lending code it lays out the fact that the bank can decline an FH claim if they do not receive evidence/correspondence from the customer.

Premier_2

natweststaffmember wrote: »

They will under financial hardship(FH) route Premier, but the issue is that the OP's mother won't talk to the bank and therefore unless they do, I would be surprised if the FOS decide on anything with regards to a FH case anyway. Even in the lending code it lays out the fact that the bank can decline an FH claim if they do not receive evidence/correspondence from the customer.

Yes, my response was aimed at the situation the OP described, i.e. one based on legal arguments, not FH as the OP, or at least her mother, was not claiming on that basis.

Of course, if the OP's mother had wanted to base the argument on FH, there would have been no reason to have agreed to have the claim stayed in the first instance

g3ern

Hi all, (and thanks) but I didn't think we had any choice but to accept the stay?