Reclaim Unfair Bank Charges article discussion Part II

gemsln

Thanks for your reply natweststaffmember, I have come to an arrangement with Halifax via solicitors to pay back the mortgage debt at £20 a month. Likewise all my other debts I have a repayment agreement in place. After I have paid my debt payments and living costs each month I have £8 left.

I stupidly didn't take out mortgage protection on the mortgage. I have no credit card charges to reclaim and have one claim for PPI with a loan that I had five years ago who basically said I had to have that in order to obtain the loan - I lodged that claim with the company a week ago.

natweststaffmember

gemsln wrote: »

Thanks for your reply natweststaffmember, I have come to an arrangement with Halifax via solicitors to pay back the mortgage debt at £20 a month. Likewise all my other debts I have a repayment agreement in place. After I have paid my debt payments and living costs each month I have £8 left.

I stupidly didn't take out mortgage protection on the mortgage. I have no credit card charges to reclaim and have one claim for PPI with a loan that I had five years ago who basically said I had to have that in order to obtain the loan - I lodged that claim with the company a week ago.

In that case, the bank charges one will come back with a wait til the OFT test case is over because of the repayment plans in place.....the PPI one though should be a win

Escapee_2

Has anybody else had a similar experience with HSBC?

I wrote my claim letters about 18 months ago totalling around 3k in charges from up to 4 years ago. I then contacted HSBC 4 months ago stating I was in financial hardship (I meet the criteria Martin has given) but they agreed with me they'd reduce my loan I have with them from £250pcm to £97 pcm to help me manage my finances better. When I signed the new agreement it stated that I revoked my right to have the charges looked at under the hardship case. I did sign as at the time I thought that at least I wouldn't be falling further and further into arrears on that. At the time waas quite pressured about cashflow etc and being single with 2 sons the responsibilty to keeep providing does make you a bit hasty to get resolutions to the problems. With hindsight maybe that was a silly thing to do. Does anyone know whether that would stand up to scrutiny or could I try to use the hardship rules again despite having signed to say I'd accept the loan repayment reduction instead and wait for the ruling. I must add that signing only helld off from reclaiming until after the ruling rather than revoking any right to reclaim. Many thanks in advance!

natweststaffmember

Escapee wrote: »

Has anybody else had a similar experience with HSBC?

I wrote my claim letters about 18 months ago totalling around 3k in charges from up to 4 years ago. I then contacted HSBC 4 months ago stating I was in financial hardship (I meet the criteria Martin has given) but they agreed with me they'd reduce my loan I have with them from £250pcm to £97 pcm to help me manage my finances better. When I signed the new agreement it stated that I revoked my right to have the charges looked at under the hardship case. I did sign as at the time I thought that at least I wouldn't be falling further and further into arrears on that. At the time waas quite pressured about cashflow etc and being single with 2 sons the responsibilty to keeep providing does make you a bit hasty to get resolutions to the problems. With hindsight maybe that was a silly thing to do. Does anyone know whether that would stand up to scrutiny or could I try to use the hardship rules again despite having signed to say I'd accept the loan repayment reduction instead and wait for the ruling. I must add that signing only helld off from reclaiming until after the ruling rather than revoking any right to reclaim. Many thanks in advance!

That to me sounds like you signed a new loan agreement(managed loan sound familiar??).
Are you in financial hardship today?

norwichkaren

natweststaffmember wrote: »

I would but a court will stay any claim for bank charges just so that you are aware of what will happen.

When does the court stay the claim, is it as soon as you submit it and before it is sent to the defendent or after it has been sent to the defendent and they have responded?

natweststaffmember

norwichkaren wrote: »

When does the court stay the claim, is it as soon as you submit it and before it is sent to the defendent or after it has been sent to the defendent and they have responded?

Defendent ie bank will acknowledge the claim and the court usually at its own volition stays the case albeit, I have heard some cases go a little bit further but the case ultimately will be stayed pending the conclusion of the OFT test case issues.
Advice by the deputy master of the rolls was given in February 2009 on this issue specifically.

norwichkaren

natweststaffmember wrote: »

Defendent ie bank will acknowledge the claim and the court usually at its own volition stays the case albeit, I have heard some cases go a little bit further but the case ultimately will be stayed pending the conclusion of the OFT test case issues.
Advice by the deputy master of the rolls was given in February 2009 on this issue specifically.

Thanks for that, I submitted my MCOL yesterday and today I checked it and it has been issued to the defendent (Halifax) to respond so we will see where that gets me.

I am sure as all your comments on here, it will get me nowhere at the moment, but it is worth a go hey! Halifax might actually look at offereing to me then also as the interest on the claim through the courts is £600 alone, which I wasnt even asking for in the first place.

natweststaffmember

karen, just to make sure, you have put their head office address on the claim form, right?

Escapee_2

natweststaffmember wrote: »

That to me sounds like you signed a new loan agreement(managed loan sound familiar??).
Are you in financial hardship today?

Hi Natwest staff mamber,

Yes I did, It is now a managed loan. And yers I am in financial hardship still as my hours have just been reduced due to the economic climate.

LizD_2

I got my list of charges back today and I want to claim under the hardship clause.

I'd just like some advice on how to put my claim across. Basically, I work as a temp, but I haven't had an assignment since the end of April, so I have no income. I don't have a P45, as I haven't technically left employment. I am looking for another job, but no joy as yet. My husband is currently paying my commitments and all the household bills, but he has also built up debts due to us moving and him having to support me.

Please could someone advise me as to the best course of action. I'm with Natwest.