clarification of genuine hardship cases

Jester

novelli wrote: »

But why are the banks being allowed to get away with this!!!!!!!!!!!!!
FSA told me that they are duty bound to continue with cases of hardship, yet all we hear is that they are not doing so!!! But they seem to be getting away with it!!
Is there not something we can collectively do about this, as its grossly unfair that they can just ride rough shot over everyone but no one seems to do anything about it!!

Novelli (and others reading this thread),

I'm also trying (and fighting) hard to get my case heard on the basis of financial hardship. However, my efforts have been posted on another thread

http://forums.moneysavingexpert.com/showthread.html?t=512661&page=47

Like most of you, I am also on benefits (JSA) and have no real income, but dozens of creditors/debt collection agencies hounding me from all sides. As you all know, the Banks don't want to know and keep throwing back the OFT ruling in our faces, conveniently ignoring the fact that the OFT Agreement means they are expected to deal with cases of Financial Hardship.

However, it seems that I am further down the road than any of you. I HAVE managed to attract the FOS attention and at present they have instructed First Direct to deal with me. However, as you will see by reading the above referenced thread, First Direct are being very hostile and obstinate.

Once they have sent me confirmation of their stance in black & white I will be going back to the FOS and informaing them of FD's non-compliance. Quite how much 'teeth' the FOS will show at that point remains to be seen. But now that I am aware of this thread then I shall endeavour to keep you all updated and will of course help with any questions you may have IF I can answer that question.

Hope this helps you all a little bit and provides a bit of encouragement to see that there may yet be light at the end of the tunnel).

Fubar1_2

This should be a warning for anyone in my position.
Having used my Halifax account for 15 years during which I have had an average salary of £4,000 a month paid into it I have never experienced any hardship. However, illness and my subsequent sacking because of that illness on grounds of incapability have put me in a temporary (I hope) spell of hardship. Suddenly direct debits were not being paid and massive snowballing charges were being placed on my account taking me over my overdraft ect...
I made a claim for them to repay all of these charges on the grounds that I was suffering hardship and also claiming incapacity benefit. No reply.
But they also stole some money (£300) from a savings account I have with them to pay off some of those charges. This money was being kept aside or medical bills which I pointed out to them.
Their last reply was basically telling me I could not do anything until the court case in January etc.
Help please!!!

zena2105

trying writing again,stating they are not abiding by the waiver agreement and that you will report them to FSA and oft.

SAY SOMETHING ALONG THESE LINES.....

I am sorry, though not surprised, that Halifax Bank has chosen to ignore the ‘hardship rule that was agreed with the FSA. Under the terms of the suspension of the normal timetable, it was agreed that cases of financial hardship would still be dealt with. In fact, it formed a major part of the ‘waiver’, which favoured the rich banks greatly, at the expense of the poor consumer.

I will now write to the OFT, FSA and FOS, to report this breach of the terms of the ‘waiver’. I understand that this will be reviewed in the near future, and I hope that my evidence of abuse by Halifax, will help them come to a decision to overturn it.

If you decide to honour the hardship rule, which you failed to even acknowledge, then I look forward to a response within 14 days.

Fubar1_2

Many thanks. I will compile something along those lines. I am tempted to get my solicitor, who is helping me with something else, to put his name to it in the hope that this might force them to take more notice.

scotlady

I just got the same, so upset here coz I am struggling so much. I am getting chased by the Inland Revenue for £12K, I have rent arrears. I have to pay £50 pw to my landlord when I get Incapacity benefit.. single parent with 2 kids. Dont get full rent rebate or nothing. I asked them to re-consider after they sent me a letter asking for proof. I sent them all I had, the bills, the Income/expenditure sheet the CAB done for me.

I actually thought YES they might help me...

But nope I get a letter this morning saying that they dont feel it appropriate to respond.....:mad: Dunno what to do.

techspec

Barclays have told me that the hardship rule is being misrepresented by the media.

The rule does not oblige banks to deal with your case, but merely requests that they give you financial advice. Barclays do this in the form of a booklet.

This is certainly not what consumers were lead to believe. We were clearly told that the waiver would not be applied in cases of hardship.

Looks like we've been mislead.

novelli

This is exactly what HSBC are doing!!!!!!!!!
they have requested that i supply all income and outgoings etc, despite knowing that i rely on benefits with a disabled child.
whats worse is FOS seem to think this is ok and that they are doing the right thing so i should supply these details. As its them that owe me money and not the other way round i find this rather odd!! BUT as i need the money i have no choice but to play their game!!!!!!!!! This waiver should be withdrawn immediately as its played right into the hands of the banks!!!
I also had the booklet from HSBC!!!!!!!!!

novelli

Heres the response so far from FOS investigation assistant!! This after already 10 weeks gone by since they got involved, and 8 months since i asked bank for charges refund!!!!!!!
I dont find this very helpful.

any comments anyone on what i should do now

thanks


confirm that I have forwarded your financial statement to the bank and asked for it to investigate your financial difficulties. The matter of bank charges has been referred to the High Court but it has not yet made a decision. In these circumstances we could not say that the bank 'owes' you a refund of charges applied to your account. We cannot make a decision on the validity of these charges as it is now a matter for the Courts to decide. Neither have the banks stopped making charges on bank accounts while the Court action is pending.
I could not say that any decision the bank makes in regards to your financial difficulties will result in the refund of all charges applied to your account over the past six years. If current charges are affecting your financial position then it might be that the bank will need to transfer your account to its recoveries department in order to arrange an affordable repayment plan or perhaps cancel the direct debits on your account so as to avoid further charges being incurred.
I hope I have clarified the position to you.

Fubar1_2

I had a similar letter saying that we like to consider hardship cases but this time we wont! I would like to know if anybody out there has had their hardship recognised by Halifax?????

loobyloop

hi i am in same situation with lloyds tsb after 8 weeks just been told financial hardship means they will only advise on your financial situation.They wont repay charges until after court case if we win,so its back to ombudsmen but they are saying same thing but i will keep trying