Bank Charges Test Case Article discussion

MSE_Martin

jm4sm15 wrote: »

Hi Martin, I approached my bank tell them that I fit into the hardship rule. They said that they had never heard of this and there was nothing on their website, therefore I was unable to push my claim forward. I bank with the H.S.B.C. Is there anything I can do????????

They are plainly and simply wrong. This is a requirement of the FSA and you need to tell them that. Please read the Bank Charges News guide. If that doesn't work and they don't accept it - write to the financial ombudsmen.

Martin

nickigj

Unfortunatly I have had a few loans and re morgages over the years I was undergoing financial difficulty s and got behind with some payments I was of course charged for these can I claim THESE charges back ? I have been very successful with claiming bank and credit card charges back until this court case. Any ideas? Nickigj

esmerellda

jm4sm15 wrote: »

Hi Martin, I approached my bank tell them that I fit into the hardship rule. They said that they had never heard of this and there was nothing on their website, therefore I was unable to push my claim forward. I bank with the H.S.B.C. Is there anything I can do????????

First Direct (part of HSBC) have just paid out an interim payment to a claimant under financial hardship status. So yep they should be aware of it.

esmerellda

Soupie wrote: »

Am not entirely sure if I would qualify for the 'hardship' claim. Am on Income Support, Carers Allowance, Housing and CT benefit. Have been on benefits for the past 7-8 years I put in a claim a year gone Feb which has been frozen. I changed my account to one that wont let you go overdrawn, but my claim was for over £3k including interest accruing from 6 years previous.
Since then my dad had a little windfall and bought us a little run about car. Newest car I ever had 04 Punto, with less than 11kmiles on the clock it was twoked after the theives stole the keys from my house, came back at 4am and wrote it off. I had booked a little holiday for me and the bairns at a caravan park in the lakes, but had no way of getting there. A friend kindly offered me her car (shes unable to drive at the moment through illness) but the insurance for me was £90 , which ate the holiday fund which was megre to start with so I had to borrow £50 from my dad for diesel to get us there and back. (thank goodness for the kindness of friends and family helping to restore faith in human nature) but on top of this I have had to change sims for me and daughter as we were receiving harrassment calls from the twokers families as they had lost their jobs through the court case.... and well theres been other odd bits of expenditure that we could all do without.
Would this qualify as hardship or just stupidity on my part for leaving my keys on show? would having a car stolen be even considered as in itself its an asset and not a necessary luxuary ? Would it be prudent to maybe ask for an advance of PART of my claim, or would it stuff my claim up entirely as they could call in the 'full and final settlement' card? And please dont get me started on the cost of school uniforms

any thoughts on this would be extremely gratefully received and sorry its a long post xx

I'm not sure the car situation would be particulary relevant but the status of your finances re relying on benefits would be. Which bank are you with ?

You need to write to them telling them where your claim is at at the moment, and detailing your income/expenditure and any hardship specifics you are facing (arrears on mortgage/rent/council tax/loans etc). they don't have to offer a refund - some banks are some aren't, but you should get some assistance preventing charges in the future.

They can't settle in full and final under the terms of the waiver, so any refund would be interim while the test case continues, and any remaining would be claimable after this. You would leave you claim in the courts and mark any refund as a part payment.

nickigj

pudsey1123 wrote: »

I am trying to reclaim for a 2nd time. I received money back in June 2007 but since then have had over £3000.00more charges on my account. I am in real difficulty. Has anyone tried to reclaim twice?

hi
i ve claimed everything all over again although just getting the usual letter back now about the cout case. However just recieving a credit back to my partners credit card only for twelve pound but i wrote, got a reply and was credited within two weeks! i think if you ve applied and won once they are more likely to cough up! :T

emma1983_2

If bank charges are found to be unlawful, can I still make a claim even though I have closed my bank account with the bank who imposed those charges on my previous account?

esmerellda

emma1983 wrote: »

If bank charges are found to be unlawful, can I still make a claim even though I have closed my bank account with the bank who imposed those charges on my previous account?

Yep



some pointless characters so i can post

Former_MSE_Wendy

Hi all

There have been a few questions about banks not accepting hardship cases. Please do read the financial hardship section in the Bank Charges News article - in particular the 'If my claim for hardship or ensuing reclaim is turned down, what then?' question as this could help many of you.

Wendy

esmerellda

nataschab4 wrote: »

Iv JUST YESTERDAY BEEN OFFERED MY CHARGES BACK FROM HALIFAX BANK PLC I PUT THE CLAIM IN ABOUT 4 WKS AGO I CLAIMED @ THE TIME FOR £3777 YESTERDAY THEY OFFERED £4900 INCLUDING NEW CHARGES UNDER HARDSHIP CRITERA. BUT THEY ARE SAYING THAT IM ONLY ENTITLED TO THIS IF I USE IT TO CLEAR OFF MY CREDIT CARD AND O/D SO BASICLY IN ONE HAND OUT THE OTHER

CAN THEY DO THIS ????????????

Not unless you have defaulted your credit card payments and you have had a default notice.

LukeLeeds

Hi,

I'm about to send a letter under the hardship regulations but got a few queries before i do (i sent off for my charges over 6 months ago and was told id have to wait for the courts decision etc)

1. where do i send the letter? is it to my branch?

2. Am i able to claim charges since my original claim?

3. If yes, do i need to get statements sent to me or can i just use my interent statements?

Thanks very much for in advance...