clarification of genuine hardship cases

k1mmie

Hi

Well just to let you know you are not alone in the way life is treating you at the moment. We are struggling too and have more going out than coming in. Have serious mortgage arrears and cannot afford to live at the moment, even though my husband has a good job. Everyone wants to be first to a slice of the pie, even if that means leaving you with nothing.

Please keep strong it is hard, I know. There are days when I feel like closing the door and going to bed. But ultimately know thats not the answer. Just try to deal with things one at a time. I agree with lalababy, that if you have ever had credit cards then that must be an avenue to go down.

I have asked out bank to consider my claim under hardship claims, and they have acknowledged it has been passed on. But that is all and I am not sure if that is enough - we do not get any benefits.

I would suggest you ask - you have nothing to lose. If you can email your bank explain your circumstances and ask that it be looked into urgently as a hardchip claim. You never know!

Good luck and I am sure things will look up for you. All the best.

andrewdougall

Hi there does anyone have a good template to send to the bank to be considered under the 'hardship' case. I spoke to my bank today who refuse to give out any details as to what it should include in order to be considered. Someone out there must have some thoughts. H E L P
Since yeserday I have received some suggestions so once I have a few bullet points and hints I will publish what I have so other people can use it . Come on keep your ideas coming forward.

k1mmie

Hi. I have not seen a template, however I just wrote explaining my financial circumstances and the predicament I was in and I got a response saying it had been forwarded to the claims department for hardship consideration. I have as yet not had a reply, however it is certianly worth a try.

novelli

I wrote and emailed to HSBC explaingng my circumstances but they refused to budge, So i rang the Financial services people and they told me to go to the ommbudsman as the bank are wrong and should be continuing with hardship claims. I filled forms in from Ombudsmans site and sent to them, but just got a letter back saying they were snowed under with cases and would respond as soon as they could!!!!!
I would have thought that as all cases are now on hold that they would have plenty of time, but suppose they are too busy helping the banks!!!! its the customer ponce again who comes last!!!!!!!!!!!!!!!!!:mad:

esmerellda

Keep putting your claims in at the court ... write the letters and stick to your timetable max 28 days - they still have to respond in a timely fashion this OFT announcement doesnt give them carte blanche to do what the hell they like.

Get your claims in, especially if you think you may be considered in hardship - ie on benefits, in huge debt and at risk of losing your home etc, or if you are ill/disabled.

Take it through the courts and if you are given a stay at allocation stage then we can help you fight it individually based on YOUR circumstances. Templates dont work the court needs to have reason to consider your case on its own merits.

Hope that helps - please dont give up if you NEED this money

Esme
xx

andrewdougall

I would like to thank people for their strong support. I am starting to pull together some suggestions which I will publish as support for others once I have received some other suggestions from people

dwjohnno81

hi all

like most people my claim against barclays has been put on hold due to the oft case but because im unemployed im looking to go down the hardship road to try and get my case heard.

do you think this letter will surfice

Dear Sir or Madam,<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
<o:p></o:p>
Re: Account No xxxxxxxx Sort xx xx xx
<o:p></o:p>
I refer to default charges applied to my account amounting to £1235.49, which I have requested you pay back.<o:p></o:p>
<o:p></o:p>
I wrote to you on 6 July, making the original request for a payment in settlement to my claim, then again on the 23<SUP>rd</SUP> July to which you responded. I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court. At this moment in time I realise that there is a stay on the majority of cases and will be applying for the stay to be lifted due to hardship.<o:p></o:p>
<o:p></o:p>
This is based on the unfair terms in the consumer contracts regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.<o:p></o:p>
I have attached a full schedule of the charges and interest with this document.<o:p></o:p>
<o:p></o:p>
I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.<o:p></o:p>
<o:p></o:p>
Yours faithfully<o:p></o:p>
<o:p> </o:p>
<o:p> what do you think? anything i should add or take away?</o:p>
<o:p>all suggestion will be thanked</o:p>
<o:p></o:p>
<o:p>cheers</o:p>
<o:p> </o:p>

dwjohnno81

im not sure what to do thats why im on here ha!!!

i sent the second letter saying that i planned to take them to court then got the letter saying all cases where to be stayed so did not apply for cort and now i cant really afford to wait till next year.

so im on here just trying to get some ideas and see if i can try and get it sorted sooner

Edinburghlass_2

You need to "ask" the bank first and if they come back saying no deal you can then ask the FO if they will take on your case.

From Martin's article...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges#hardship

So I would suggest you take out the bit about going to court and put in that you will put your case with the FO.

dwjohnno81

Edinburghlass wrote: »

You need to "ask" the bank first and if they come back saying no deal you can then ask the FO if they will take on your case.

From Martin's article...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges#hardship

So I would suggest you take out the bit about going to court and put in that you will put your case with the FO.

what should i roughly say in the letter?