clarification of genuine hardship cases

nickmack

dad-of-4 wrote: »

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?

You would need to provide evidence of the hardship and see if the bank/FOS will deal with your case.

From the FSA site http://www.fsa.gov.uk/pages/Library/Communication/PR/2007/090.shtml

"Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

bunter

nickmack wrote: »

You would need to provide evidence of the hardship and see if the bank/FOS will deal with your case.

From the FSA site http://www.fsa.gov.uk/pages/Library/Communication/PR/2007/090.shtml

"Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

so that just means i have to contact the FOS even if i have a court case suspended with the bank in question?

tracywoods

Hi,
My husband and I are currently on a debt management plan with the Consumer Credit Councelling Service (CCCS). The main reason for us getting into this situation in the first place was bank, credit card and catalogue charges. Our creditors (HSBC bank account and Card, Citi Card, Littlewoods and Kays) are all included in our debt mangement plan and we have started the process of reclaiming the charges from them all.

We have today recieved details of the charges applied to my husbands HSBC bank account (£1024.50 before adding interest of £358.23).

Does anyone know if being on the debt management plan means they will look at the case now rather than when the test case has ended due to financial difficulties/hardship?

tracywoods

Can anyone help please?

Orford

Does anyone know if being on the debt management plan means they will look at the case now rather than when the test case has ended due to financial difficulties/hardship?

The short answer is no/unlikely. There are plenty of examples where claims have been filed at court, followed by a stay. Very, very few stays have been subsequently lifted, even where claimants have demonstrated severe financial hardship

maid_of_kent_2

Hi all..

Some advice would be good for me...

I've taken the first step, on behalf of my son, of reclaiming bank charges. Not a lot of money, about £300 or so - he hasn't had his account with LloydsTSB for very long.

I wrote to them about 2 weeks ago (no reply yet), and on 3rd March they have taken a further £135 charges from his account.

They are charging him £15 per day for every day he is overdrawn. This £135 has taken him overdrawn again (not sure how much), but the point is that he's unemployed, and only receives £92 per fortnight into his bank. His bank charges far exceed his income, and he has no hope whatever of clawing his way back into credit. I have, in the past, put some money into his account in an effort to help, but it's a wasted battle, and don't intend to do it anymore.

In the letter draft (obtained from this site), there is a section asking the bank to proceed with the refund on the grounds of financial difficulty. Is it a fact that banks should look favourably on people in these circumstances? If so, where can I go for further advice on how to proceed? And if he has no case, what could be the conclusion? If, every week his bank account goes another £29 into the red because of charges, at what point does the bank say enough is enough? Will they take him to court?

He's becoming very frustrated, and I am too, because I dont know enough to help him further.

Any pointers would be truly welcome.

MoK

nickmack

maid_of_kent wrote: »

In the letter draft (obtained from this site), there is a section asking the bank to proceed with the refund on the grounds of financial difficulty. Is it a fact that banks should look favourably on people in these circumstances? If so, where can I go for further advice on how to proceed?

From the FSA site http://www.fsa.gov.uk/pages/Library/...2007/090.shtml

"Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

maid_of_kent_2

Thank you, nickmack,

I became quite encouraged for a moment, and then went on to read the other posts in this thread.

It doesn't look very good, does it?

Nevertheless, I shall write to the bank again in two weeks time and see if it gets me anywhere....

MoK

ang27

Hi everyone, i am looking for some help.
i downloaded the Recaliming Bank Charges letter frm this site last year some time, filled in all my details and posted this out to my bank (BOS/HBOS).
a week later they sent me a letter to inform me that they were looking into this and would get back to me within 8 weeks. almost 8 weeks later i received a letter from them claiming that i signed an agreement with the bank at the time of opening my account and rejected my claim. told me i had so long to appeal against the decision. this was early last year, cant remember when, i received the letter and thought well i tried and got refused so i binned it and forgot all about it.
should i reclaim this again? i am worried that they will close my account. i have been with them for many years and have a big overdraft with them that i am into and cant afford to repay it if they close my account. what should i do? any help is appreciated.

autismmum

they cant take away the overdraft in one go if you explain it will cause hardship, they can ask for a 60-100 pound reduction each month.