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clarification of genuine hardship cases

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  • Lee_m
    Lee_m Posts: 40 Forumite
    Hi,

    I know this question has been asked many times before, but searching the forums I can't find a definitive answer (Sorry!). I've also asked the question at the end of a thread, but maybe it was missed.

    I have what I feel is a genuine case of hardship and would like to put in a claim against the Halifax. What do I write in the 2nd letter to ensure it does get looked at and not filed until the bank waits for the result of the OFT case? Is it sufficient to use the standard 2nd letter template and write hardship on the envelope? Is there another template covering this that I haven't seen?

    I really do want to get this off today if possible, can somebody please help or point me in the right direction to the answer.

    Sorry once again (grovel, grovel).
  • hi i am trying to claim through hardship at the moment all i can tell you is yes write the second letter and mark it clearly so there is no mistaking that you are claming through hardship. But sorry to tell you they will probably refuse payment but will give you advice on how to deal with your hardship,if this happens you can try the court route or fos. If you go through fos as i am you need to make it clear it is a hardship claim mark the envelope clearly and cross your fingers, I have gone back to fos for the second time as i dont feel the bank looked at my claim properly and didnt respond to my claim correctly. I hope this is some help to you but i warn you it is a long drawn out process but dont give up.
  • Lee_m
    Lee_m Posts: 40 Forumite
    Thankyou for your reply. I presume I would need to send the 2nd letter before contacting the FOS.
  • when did you send the first letter and did they reply?
  • Lee_m
    Lee_m Posts: 40 Forumite
    I requested the statements in February of this year and rec'd them in April. I haven't done anything since due to various reason (silly I know).
  • well i would send the letter and explain you want to claim charges under hardship,you have to give the banks 8 weeks to reply but they will probably take 4 as soon as you get a definite reply saying no fill in a fos complaint form you can either ring them and they send the form or do it online print it off and send it. But also make sure you mark the fos form clearly with hardship on the envelope in big letters. Hope i have helped im not expert but if you dont try you never know.
  • Lee_m
    Lee_m Posts: 40 Forumite
    Thankyou so much. I'll get cracking!
  • Just an update - they have frozen my account and I have not heard a reply from my last letter which I stated I wanted within two weeks. The last letter said I wanted an explanation why I was not considered a hardship case. I sent it recorded delivery and also explained that I will take it to the courts etc. This is what I'm about to do.
  • this is terrible news talk about hitting a person when they are down, have you contacted fos?
  • Someone who works in my branch admitted to me today that they have had other complaints about how Halifax treats hardship cases. I now have had a further five £39 charges for two direct debits which I cancelled some time ago!
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