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Stop Press - View On Oft/bank Announcement
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Edinburghlass wrote: »Please don't give up now, get everything together and send it off to the FO and see if they will take it on. I certainly isn't a speedy option but you have nothing to lose and could be everything to gain if they will take it on.
Hi EdinburghLass,
Having taken your advice and written to the FOS about my hardship case, I thought I would furnish you with the current progress. It also may help others in the same situation as me.
I wrote to the FOS pointing out that I have been in dispute with First Direct since last February and nthat during that time they have only ever answered me once, that they have employed stalling tactics and that ultimately my Court Case was stayed by Cardiff County Court. My efforts to get the Stay overturned on grounds of financial hardship (I am on benefits) was ultimately unsuccessful despite the wonderful assistance of the Legal Beagles people who helped me draft my application to have the Stay overturned.
The FOS finally responded to my complaint last week and, to my surprise, were prepared to take this case on. They told me that they had written to HSBC and instructed them to respond to this complaint. They also gave me the name and address of the person within HSBC (First Direct) responsible to dealing and responding to this. His details (for everyone esle battling with HSBC) is:
Mr Stephens,
HSBC Bank Plc
Customer Relations Department
Level 30
8 Canada Square
London
E14 5HQ
Within three days of receiving the reply from the FOS, First Direct suddenyl deemed to make contact with me (surprise, surprise).
Unfortunately, far from being sympathetic, they were actually quite hostile. I was asked to fill in a Financial Statement showing my hardship and all the creditors I have queueing up to send the bailiffs in. When I did this, FD could clearly see that I was in severe financial hardship and that the only income I have is JobSeekers Allowance. Despite this, they refused point blank to even discuss the Bank Charge Reclaim case I have ongoing against them, merely stating that this was in the hands of their solicitors and that 'their hands are tied pending the outcome of the OFT Test Case'.
I pointed out to them that as part of the OFT Test Case Agreement (that HSBC were part of) they are obliged to deal with cases of financial hardship. This fell on deaf ears despite the fact that the FOS had told them that they must deal with it. I also told them that I would have long since gone bankrupt way before the OFT Test Case was heard and that I could not afford to wait that long.
The upshot was that First Direct enforced the withdrawing of all my banking facilities and then informed me that they are placing my overdraft in the hands of a Debt Collection Agency (which amused me and I told them they could join the queue in that respect). I have informed First Direct that they must instruct me of this in writing.
Once I have this in writing I shall be going back to the FOS and informing them of my dissatisfaction with FD and pointing out that FD have actually being very hostile rather than sympathetic and helpful.
All in all, First Direct Customer Services are appalling in dealing with this. I don't know how much longer I can keep my head above water in all of this, but while I can keep going I will and am still fighting - albeit and very one-sided fight.
All the very best to everyone else in this struggleReclaims in progress:
Smile: Claimed £3124 Paid: £3124
First Direct: Claimed £8178 Paid: Court date 14th Aug
MBNA CC: Awaiting statements0 -
Martin
i noticed a clause in the OFT document which stated that banks should investigate cases where the claimant is experiancing hardship, qouted below. My case could be deemed as extreme hardship would it be worth looking into, if so could someone help to draft a letter.
Thanks
"The conditions in the waiver include dealing promptly with complaints once clarity is achieved and communicating clearly with consumers throughout the process. The FSA also expects firms to continue to help their customers avoid incurring unauthorised overdraft charges in the first instance and to continue to deal with hardship cases."
Hi totally unrelated. Just wanted to know if it was you I was in communication with on you and your wedding message board about EB of Retford?
Tigs0
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