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clarification of genuine hardship cases

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  • Fubar1_2
    Fubar1_2 Posts: 14 Forumite
    that's it...they say they recognise hardship when in fact they don't in reality
  • When we went to CAB 2 weeks ago to sort out our dept problems the first thing she said was I hope your not with halifax their the worst ones to deal with.
  • I know it's not Halifax but what we did was

    Put claim in with money online
    turned down because of test case
    went to onbudsman - we told to mark envelope "hardship Case" in red on envelope as it might then get opened!
    Letter back from Nationwide with SOA form.
    Filled in SOA to prove no spare income.
    Nationwide agreed to pay back all charges from time Benefits paid into account, just under 2k
    This was for income support and child tax credits

    hope this helps

    stressed
    Hoping to stick to the challenge this year!!
    Make £5 a day for 366 started Dec 2019
    YTD £ £ 78.23/£1£1,825
    Cash - £ 48.23 Vouchers - £ 30

    Wombling into 2020 £38.78
  • Fubar1_2
    Fubar1_2 Posts: 14 Forumite
    I'm hoping to prove that Halifax do not recognise hardship cases and I will take it to what ever level I need to in order to do that.
    My last letter gave them one last chance before I go to solicitors, ombudsmen etc. Their last reply to me said that they DO recognise harship cases but in my case they were not going to bother addressing the £2,800 they have charged a person who is ill on incapacity benefit. It had taken me five months and six letters to get that far!!! These are all deliberate delaying tactics if you ask me.
  • Lee_m
    Lee_m Posts: 40 Forumite
    Hi All,

    1st post.

    Banking with the Halifax for approx. 10 years.
    £290 O/D limit and have been at the limit most of the time in the last 6 years.
    Charges are currently £1164 and I've been charged £164.67 interest.

    Unfortunately due to circumstances, both my wife and I are between jobs and are currently on JSA. We also have 2 children.

    I initially started the ball rolling on this in March / April this year and received the statements. We didn't act on the claim immediately and then the OFT case come into play. So we thought we had to wait for the outcome. However, I've just read that I might still be able to claim under the hardship scenario. How do we stand on this? I've also had to take out a very high interest loan to make ends meet.

    All help very appreciated.
  • Lee_m
    Lee_m Posts: 40 Forumite
    Hi,

    I rec'd my bank statements earlier in the year and sat on them for various reasons. Both myself and my wife are on benefits with 2 children and I am now in a what I feel is a desperate situation with £550 owed for gas, £300+ for water, £3000 to various family members, £290 OD with the Halifax and a £600 loan with 183% interest. The bailiffs are supposed to be coming concerning the gas and I've shoved my head in the sand concerning this. When I heard that all claims had been put on hold my heart sank as this would've given us a lifeline of sorts. Recently I've realised that I may have a case for hardship.

    So my questions are as follows:

    1. Do you think I might have a case for hardship?
    2. If I do is it worth me sending the 2nd ltr in?
    3. Do I attempt to claim interest on the charges?
    4. Can I claim the £4 -7 per month back thet the Halifax charged me for being OD? And If so do I claim interest on this also?

    A lot of the charges are for the year 2001 and I fear not doing anything will cause further problems.

    All help and advice is very much appreciated.
  • dust75
    dust75 Posts: 12 Forumite
    i would send second letter in and claim intrest on all charges at the end of the day what have you got to loose
  • vickyb
    vickyb Posts: 113 Forumite
    <TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off">hi yes my advice would be the same i was about to put in my claim online when the announcement came and had second thoughts but i went ahead anyway, had to pay £120 court charge and £40 warrant fee but i got all my money back the other week £3771.04, all in all mine took about 1 1/2 months to go through couldnt believe it, so go for it you might be lucky like me
    goodluck vicky x
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    </TD></TR></TBODY></TABLE>
  • Lee_m
    Lee_m Posts: 40 Forumite
    Thankyou both for replying.

    Vickyb, was your claim against the Halifax? Just to clarify - You're saying to try and claim the interest charges for being overdrawn also (£4 - £7 p/m). Is this part of the OFT case then?

    You mention online...you've lost me there? Do I send the 2nd letter or file a claim online instead?

    Sorry, I'm new to this reclaiming thing!

    Thanks again.
  • Lee_m
    Lee_m Posts: 40 Forumite
    Vicky, I've just the following thread that answers what I can and can't claim for.

    http://forums.moneysavingexpert.com/showthread.html?p=6802881#post6802881

    I see that I need to send the 2nd letter before doing the online claim through MCOL. However, baring in mind I feel this is a hardship case. What do I put on the envelope and in the letter to ensure it doesn't get put on the pile awaiting the test case.

    Thanks again.
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