HSBC refused Hardship any advice?

Tessmaz

Hi I began reclaiming via the hardship rule just before the court decision was made and I went through my income & expenditure as asked, HSBC aggreed and decided to pay me my charges (£1500) month by month I received the 1st month payment of £340 then the supreme court had their ruling and HSBC ignorded their agreed decision that I was in hardship and refused to pay me any more due to the new ruling.

I re-wrote to them again using the new formatted letter from Martin Lewis site, and I have just recieved a letter back saying they are not willing to pay and i have 3 months to do something about it.

Can anyone help, should i go through the ombudsman or speak to them again 1st to suggest this is what i'm about to do? I am in finiancial hardship!

Many thanks

natweststaffmember

Tessmaz wrote: »

Hi I began reclaiming via the hardship rule just before the court decision was made and I went through my income & expenditure as asked, HSBC aggreed and decided to pay me my charges (£1500) month by month I received the 1st month payment of £340 then the supreme court had their ruling and HSBC ignorded their agreed decision that I was in hardship and refused to pay me any more due to the new ruling.

I re-wrote to them again using the new formatted letter from Martin Lewis site, and I have just recieved a letter back saying they are not willing to pay and i have 3 months to do something about it.

Can anyone help, should i go through the ombudsman or speak to them again 1st to suggest this is what i'm about to do? I am in finiancial hardship!

Many thanks

Can you write out long hand the wording of your letter and do not put in any personal details apart from the amount. Did they specifically state they would refund one amount now and more later?
Have you given them an updated income and expenditure form?

Tessmaz

Hi thanks for your reply.

They said they would review each month my financial situation but i only recieved the 1st months (as this was before the ruling) £340, then after calling the following month, as requested by HSBC, they said due to the court ruling they would now close my case they didnt even take into account my financial situation. I had 8 weeks to dispute in which i did with the letter on here and have just recieved a letter saying that 'they do not consider the levying of bank charges is in any way contrary to the FSA's principle of treating customers fairly nor is it inconsistant with any of the aims of the lending code etc..They say they are committed to working with customers in financial difficulties...its saying i should contact to go through my income and expenditure which i previously did when they recognised my financial hardship...(which has not changed). They say the charges have been applied correctly...thats it in a nutshell...It suggests I can go the the Ombudsman and encloses a leaflet about this!

natweststaffmember

Tessmaz wrote: »

Hi thanks for your reply.

They said they would review each month my financial situation but i only recieved the 1st months (as this was before the ruling) £340, then after calling the following month, as requested by HSBC, they said due to the court ruling they would now close my case they didnt even take into account my financial situation. I had 8 weeks to dispute in which i did with the letter on here and have just recieved a letter saying that 'they do not consider the levying of bank charges is in any way contrary to the FSA's principle of treating customers fairly nor is it inconsistant with any of the aims of the lending code etc..They say they are committed to working with customers in financial difficulties...its saying i should contact to go through my income and expenditure which i previously did when they recognised my financial hardship...(which has not changed). They say the charges have been applied correctly...thats it in a nutshell...It suggests I can go the the Ombudsman and encloses a leaflet about this!

Hang on a second. there is a basic issue here, and i think the letters that were sent out post test case have been confused with financial hardship cases.
ALL banks sent out decline letters and I think that you still need to review income and expenditure because if your situation has not changed are you now incurring charges again?
Read my signature page 20 and read ALL of the lending code.

Tessmaz

natweststaffmember wrote: »

Hang on a second. there is a basic issue here, and i think the letters that were sent out post test case have been confused with financial hardship cases.
ALL banks sent out decline letters and I think that you still need to review income and expenditure because if your situation has not changed are you now incurring charges again?
Read my signature page 20 and read ALL of the lending code.

Hi thanks again but I'm a little confused by your reply?? This second letter was sent only the other day not post test case. I originally started my claim the month before the courts went in favour of the banks and HSBC just seem to use this decision as final to close my claim they will not reason any other way...I am unsure whether to just give up or at least try with the ombudsman? Or should i contact HSBC again explain my situation has not changed (as i have done already since the court ruling) and give them my income & expenditure for now, i still believe they will tell me to go away oh and yes i'm still being charged even though i cant meet essential living costs i have to use my credit card for petrol and food shopping for myself and my son!

Thanks again your advice is helpful

natweststaffmember

Tessmaz wrote: »

Hi thanks again but I'm a little confused by your reply?? This second letter was sent only the other day not post test case. I originally started my claim the month before the courts went in favour of the banks and HSBC just seem to use this decision as final to close my claim they will not reason any other way...I am unsure whether to just give up or at least try with the ombudsman? Or should i contact HSBC again explain my situation has not changed (as i have done already since the court ruling) and give them my income & expenditure for now, i still believe they will tell me to go away oh and yes i'm still being charged even though i cant meet essential living costs i have to use my credit card for petrol and food shopping for myself and my son!

Thanks again your advice is helpful

READ my signature page 20 which is about financial hardship all the way through. That is how they should be dealing with hardship cases TODAY.

Tessmaz

natweststaffmember wrote: »

READ my signature page 20 which is about financial hardship all the way through. That is how they should be dealing with hardship cases TODAY.

Thanks I have read through this and it appears HSBC are not following this rule! I have contacted them today in regards to their letter to refuse my charges. They will not pass me onto their finical hardship team all they keep saying to me is due to the courts ruling they will not deal with my bank charges! They wont even listen to my hardship case, they wont let me give them my income and expenditure...i'm desperate and should i now contact the ombudsman as i feel i have no option left. They wont give me any further help ie overdraft as i have a poor credit rating i have no way out, i am buying food and petrol via my credit card which does not have much left on it...

I feel really let down by the fact HSBC wont even listen to me since this court ruling...even tho i'm in financial hardship! Can you help?

Many thanks

natweststaffmember

Tessmaz wrote: »

Thanks I have read through this and it appears HSBC are not following this rule! I have contacted them today in regards to their letter to refuse my charges. They will not pass me onto their finical hardship team all they keep saying to me is due to the courts ruling they will not deal with my bank charges!
Ask them how they are dealing with customers under the Lending Code Section 9?(that is what is on my signature)
Ask them how they are dealing with customers in financial hardship as outline in BCOBS?
Once they tell you this come back on here cos I will ask them directly if they are giving you some BS. Just so that you are aware, dealing with financial hardship DOES NOT NECESSARILY MEAN A REFUND OF CHARGES.(In caps so that you are clear about this point).
They wont even listen to my hardship case, they wont let me give them my income and expenditure...i'm desperate and should i now contact the ombudsman as i feel i have no option left. They wont give me any further help ie overdraft as i have a poor credit rating i have no way out, i am buying food and petrol via my credit card which does not have much left on it...

I feel really let down by the fact HSBC wont even listen to me since this court ruling...even tho i'm in financial hardship! Can you help?

Many thanks

Ask them one more time. If they do not listen then I will give you their Income and expenditure form, their contact details and you can send it to them in writing.

mummytotwo_3

Good luck, I worked for HSBC for over 10 years, they will dig their heals in try alsorts to avoid refunding charges.
Follow the advice above closely, and if needs be resubmit the income and expenditure as suggested.

Tessmaz

Thank you both for your advice i will go back to them once again (not holding out much hope though) as once again I'm faced with more charges this month which will take me overdrawn and again will be charged next month for! I understand completly that a refund is not an option BUT some help would be nice in terms of an overdraft to stop further charges but have been down this route and this is not an option HSBC want to offer...my only option is charges i face by them each month..I finished my degree last year and still i'm trying to find work as the lack of experience i hold in my field is the only hurdle i face once i have a full time position in the role i have trained in my income will change and i will be in a different situation...this is the main problem for me along side the fact my e partner fell off the face of the earth and does not help me financially with my son which has gone on for the last 2 years and with attending uni my problems began...but i am in a cycle where i have charges each month for going slightly overdrawn (less than £100 for less than a few days)...

I will be in touch

Tessmaz

Well HSBC do make me laugh...

finally got round to calling them today (a little delayed) and put your questions to them but they will not answer the response I got was ' sorry I do not no the legal side as I am not trained in Law' they really will not put you thought to the hardship team or anyone who could possibly answer any questions! They told me if I go though to the hardship team and if they deal with me in any way this WILL affect my credit rating?? This guy offered my an account which gives me the flexibility to use the banks money from time to time (oh and offers me an over draft - when they have always declined me of this) for a fee of £15 per month no more no less so I will no longer be faced with £50 charges again as i have once again this month!

I give up not sure what else I can do, is it worth all the hassle to go throught the ombudsman - i give up!