clarification of genuine hardship cases

GiftedGiraffe

Just wanted to let everyone know that the Financial Ombudsman has intervened in my case after pleading financial hardship.

They have contacted the Halifax plc and asking them to do things and setting deadlines, it all looks quite promising. I am pleased considering that the Halifax were rather over confident about the fact that the Financial Ombudsmen would not look at my case under the terms of the suspension until the test case.

Hope that this helps others.

Gifted Giraffe

Edinburghlass_2

Can you let us know a few more details as to why and/or how the FO have intervened in your claim with HBOS as I'm sure there are a lot of people who will be interested and not necessarily HBOS customers.

novelli

Yes i would certainly be interested, as FOS have done nothing for me!!!! Mine is a case of genuine hardship (banks admitted my only form of income is benfits), yet they continue to charge every month because their charges send me overdrawn.
Case has been with fos since july!!!!!!!!!!!! all they have done(so they say) is write to the bank, have no idea what!!!!!!!! and they say they dont chase them up for a response!
I have found the person dealing with my claim to be rude and condescending and the lack of responses or acknowledgment to my emails is astounding!!!!!!!!!!!!!!!!!!
I have just sent an email of complaint to them about this!!!!!!!!!!! not that it will get me anywhere, but i am appalled at their so called service and their attitude!!!!!

Who else can we complain to about FOS!!!!!!!!!!!!!!! Sick of being treated like a 2nd class citizen!!!!!!!!!

I wish i had gone to court in the 1st place.

ChAngel

HI, Im sorry if there are already posts on this, I have looked but I can't find much thats specific so Im wondering if there's a kind soul out there who might be able to guide me. Ive also looked on the consumer action group site and not found anythig to do with financial hardship cases.

This is my situation:
I have writen a first letter to my bank requesting they repay my charges, I included a breakdown of all the charges and the dates they occurred. I also stated in my letter that I was in receipt of benefits for at least 1 year of the period of which I was reclaiming the charges for and quoted the Social Security Administration Act 1992 at them stating that charges cannot be taken from benefits as that is money the govt deem is needed to live on. I also told the bank that I am currently in receipt of benefits and that I have the Citizens Advice people writing to my debtors in order to try and arrange payment schedules as I am under 'financial hardship' at the moment.

All I got back from my bank was a letter after 30 days stating that they were going to wait untill after the test case and telling me that I could apply to the court but that they would automatically put in for a stay on the case.

My question is this:
Has anyone had any experience of using financial hardship either as a way to getting the bank to settle this before the test case is over or as way of lifting a court stay?
My mental health is suffering because of this as I suffer from generalised anxiety disorder and having debtors to pay is causing me distress. This is why I have had to seek help from the citizens advice regarding my debtors.

My bank is Barclays and my local court is Cambridge btw.

Thank you to any souls out there who might be able to offer me some advice regarding the financial hardship angle and how to put it to the bank.

jonesMUFCforever

They won't settle before the end of the case.

ChAngel

So if they wont settle before the end of the case then what is the point in there being terms in the filtering process to ensure cases of genuine hardship are delt with?

If the bank wont hear me and deal with my reclaim then should I apply to the court and start a claim with them, wait untill Barclays apply and receive the stay and then apply to the court to have the stay removed?

Has anyone got any experience at all of dealing with reclaiming bank charges in this manner, with a genuine financial hardship case?

novelli

ive been asking the same question for months!!!

seems the waiver is not worth the paper its written on!!!!!!!!!!!!!!!!!!!!!!!!!

russell2002

Hi,

As expected Natwest have had the case stayed pending the OFT/FSA case.

What grounds exist to apply to have the case re opened.

It seems to me that banks previously used every trick in the book to delay and get out of refunds and the test case is the latest tool.

Thanks,
Russell

nickmack

russell2002 wrote: »

What grounds exist to apply to have the case re opened.

Only proof of financial hardship really.

dad-of-4

how would one go about doing this then, most of my charges were taken out of benefits, namely child, tax credits and my youngest sons disability benefits? im low income topped up with tax credits?

would that be grounds for financial hardship?