clarification of genuine hardship cases

Straykitten

Financial Hardship

<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Please can someone advise me?

I'm in debt and have several debts on credit cards which are costing me apprx £6/700 per month (although on 0% and life of balance offers, minimum payments are high). Therefore, I really need my money back from the banks asap and can't afford to wait til next year!!!

Although I did successfully claim back my bank charges from one of my Halifax bank accounts before the stay was announced I now wish to claim for another Halifax current account, two visa accounts and a Nationwide current account.

Can I do this under the claim of financial hardship and, if so, what would be the best way to go about it?

I would really, really appreciate any advice offered.

Many thanks,
Gail

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hutchybabe

like a lot of people i only recieved my statements after the oft announcement. i decided to still write asking for my default charges back.they total £2682.00. i recieved the standard reply "charges are fair & once legal proceedings are completed they will deal with my claim". i had read on this site that if you are suffering financial difficuties they cannot hold your claim under the waver. so i got on the phone to customer relations and told them i am suffering financial difficulties. they informed me that they have set up a team to deal with these circamstances & asked me to put my circumstances into writing & send it to them. i wrote on the 19th august 2007 asking them to review my claim lettin them know i was in difficulties and telling them i will continue to take them to court if they did not react in a satisfactory manner. 21st of sept i rang them to see if they hav reviewed my claim and the lady informed me that someone was working on my case that very day but she could not tell me the result!! i told her i expect the result within 7 days or i shall continue to court. so i am anxiously awaiting the postman. has anyone else done this????? i shall let you all know the result as soon as i can . fingers crossed . i am claiming from halifax.

k1mmie

I claimed inder hardshipfrom Natwest - customer services were crap! They ignored all my details. Then 8 weeks down the line have just sent me an income/expenditure form. A week ago I decided enough was enough and went straight to the CEO. They called me straight back and said they had sent an offer letter out and after speaking to them friday was told the money should be credited within 48 hours. The woman I am dealing with (only speak to her) is great - so lets hope its in soon!

Virgo_Girl

Back in May i got my bank charges fully refunded but then incurred a new seperate lot to which i asked for a refund again, and received this letter...

http://img111.imageshack.us/my.php?image=barclaysco6.jpg

I then looked at this wonderful forum again and saw that because i am in receipt of benefits they were not supposed to take any charges from it, i was advised by the good people on this forum that i should write a letter and someone helped me with a template stating the security administration act 1992, i then promptly sent it off, and today i received this reply..

http://img340.imageshack.us/my.php?image=barclaysbczp1.jpg

I don't understand it entirely, i understand that they will be dealing with complaint seperately to the other complaint where i received a refund of charges, but i don't really understand what they're actually saying they're going to do, i'm getting a bit worried thinking they may shut down my account (i don't have another!) It's the bit that says 'Once your circumstances have been fully investigated by the bank, there are a number of measures that can be taken in order to resolve this complaint including reviewing your financial position.' that is bothering me the most, i just feel like it's a slight threat, but i can't be totally sure so i thought i'd ask those in the know here what they make of the letter.

Yours Greatfully!

sickovchargessteph

PLEASE HELP ME

I sent my first re-claim letter to my bank on the 20th of september and the clever so and so's have managed to wangle out of it by sending me a letter regarding this test case buisness although i notice it hasnt even started yet!
The main and most important reason for me needing to reclaim this money is due to my partner being laid off so money is extremly tight to the point of i no longer sleep with constent stress and worry of how im going to feed the kids let alone pay bills and everyday living costs, when i noticed on this site that the only possible way the will hear any cases before the test case has finnished is by claiming hardship which i think i am definently qualify for and was wondering how to i go about this is there a letter template to claim hardship for my case to be heard? can someone please help me in this matter as i really am desperate and need some sleep.

kahluagirl

carry on with the process ie 2nd letter.im not sure whether the courts are accepting any more cases they might allow you to log your claim in the system and then stay it immediately.the statute of limitations is 6 years so if it can be done it has to be soon.dont think you can claim hardship as you havent even gone to court yet.hurry up with the process and try to get your claim in.every month waiting is a monthes charges lost.good luck i hope the courts let you put your claim in.

fimonkey

Steph, look at other ways to get some money as even if the banks weren't waiting for this test case it would still take you AGES to get the money back. It's no quick fix solution and no doubt will be even slower now. Also check out the consumer action group website for more info re: hardship.

Edinburghlass_2

All the banks are sending out standard letters saying that all claims are on hold until after the test case is heard. If feel you have grounds for claiming because of financial hardship you need to reply to the bank giving details and ask them to look at your case again, if they refuse you can then ask the Financial Ombudsman to look at your case.

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

novelli

I recently wrote to the CEO re bank charges and the hardship rule at HSBC as was so fed up being fobbed off.
Received this today
we would like to help by carrying out a review of your individual circumstances and as part of that review we will be able to verify that you are suffering financial hardship.
Subject to that verification we will explore with you what we may be able to do to assist. This will include considering whether some or all of any current debt could be rescheduled or whether alternative borrowing arrangements could be put in place. The fact that you have incurred overdraft charges and are claiming a refund of those will form part of our overall assessment of your circumstances (as will all other relevant factors) but our focus will be on considering what we may be able to do to assist, not solely on considering refunding charges as you have requested.
Enclosed is our leaflet "putting your finances in order" which we hope you will find useful. This contains an income and expenditure form which, if you would like to speak with us about your circumstances, you will need to complete. This is a requirement.
Once you have completed the income and expenditure form please call us on 0845 600 6423
Turning to your comments regarding the breaching of the social security act.
If my understanding is correct, as well as disputing the legality of the level of charges passed to your account you allege that the bank has unlawfully deducted charges from your account on contravention of S187 of the social security administration act 1982.
It is your belief that the levying of bank fees amounts to an unlawful charger on benefits you receive from the state.
As u will appreciate given the narute of your allegations it has been neccessary for the matter to be referred to the banks legal advisors. Their view is that your argum,ent is wrong as a matter of contravention of the act.
they state:
"u have coinfused charges in the sense of fees, to which the act has no relevance and charges in the sense of a proprietary right attaching to benefits to which the act relates, but which the levying of fees on overdraft does not relate.
I acknowledge that the only source of income into the account is derived from state benefits, however your account is governed by the banks stipulated terms and conditions and by conducting your account as you have then charges have been deducted from the account.
In the circumstances i regret that the bank must now refute your allegations that it has acted unlawfully with regard to the deduction of charges from your account and in the circumstances there is no just cause to offer a refund of those charges.
Thankyou for bringing your concerns to the banks attention. I trust matterd are now concluded, however the next step in our complaint procedure is detailed on the attached guidence should this not be the case.
cases we cannot resolve can ultimately be referred to the Financial ombudsman service.
END

I have lots of questions re this letter, which i will post seperately, but would appreciate anyone elses thoughts.
by the way, the day after this letter was typed the bank received notification from the FOS(finally)! that they had 8 weeks from 2nd August to resolve the matter.
Isnt the sentence in red enough for them to now have to accept financial hardship without my having to fill in the expenditure forms etc!!

novelli

here are some of my thoughts and questions

From my understanding the letter seems to begin by saying that if they can determine whether or not i am suffering financial hardship
"(as part of that review we will be able to verify that you are suffering financial hardship)."
Has he not then shot himnself in the foot by acknowledging in the 2nd part of the letter that he acknowledges that the only form of income is state benefits??
The 2nd part seems to say they wont refund, but i think thats in relation to the social security act allegation??

I do not want any of their assistance whatsoever, simply my charges/fees refunded so i can close the damn accounts. As if i would consider yet more borrowing from them after this!!!!!!!!!!! I already have a manged loan with them which i am paying at 150 a month (i want to continue this NOT for them to refund charges to the loan account, please someone tell me they cant do that, ive never missed a payment and its a totally seperate account)
As the FOS are already involved and have written to the bank(after they wrote this letter), whats my next step?
Why should i give the bank all my personal details when its them that owe me money NOT the other way round!!!!
If my bank charges were refunded £4300(thats without the PPI that im now onto) then i can pay off several debts and manage quite nicely without going overdrawn every week like i am now, the charges have gotten me into a never ending spiral of debt!!

HELP!!:eek: