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Nationwide and Financial Hardship

Hi All

I have a claim on hold at county court against Nationwide. I got their standard letter about having won the test case and wrote back saying I was in financial hardship at the time.

I am not in financial hardship not, six years later but I was in really bad financial hardship at the time I got all the charges.

Do I have to be in financial hardship now for them to take this arguement seriously?

Thank you

Comments

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    You can ask to be considered under the financial hardship route if you were in financial hardship at the time you incurred the charges, as well as if you are currently in financial hardship.

    However, if you were in financial hardship, then there was an exemption in place to avoid claims being held up.

    Also, if the bank doesn't agree to your financial hardship claim, then the FOS is the place to go, not the courts. The court will hear your claim on a legal basis (something the FOS are no longer willing to generally consider)

    Note also that even if financial hardship is proven, there is not an automatic right to having your claim refunded in full, just that you are treated sympathetically.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Oeillade
    Oeillade Posts: 185 Forumite
    Part of the Furniture Combo Breaker
    Thank you, Premier. I went to court under the old arguments, just before the stay. I had reclaimed from Barclays and got paid out before the court case but I was too slow with this one.

    Just got confused about whether it was present hardship or whether it was when you incurred the charges. Good to know it is both.

    Thanks
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