Sympathetic treatment / overdraft

glasgowm148

bluffer wrote: »

you seem to cope just fine with a message board so how is a letter so different?

Big difference

https://www.webmd.com/add-adhd/guide/executive-function

bluffer wrote: »

so the banks should be mind readers or medical doctors and do check ups before lending money or letting people open accts??

Nope, just retrospective compassinate treatment considering the condition

glasgowm148

JuicyJesus wrote: »

I'm sorry but this argument doesn't make any sense - you weren't prevented from switching the account yourself by your mental health issues. You had opportunities to do so and didn't take them. Even if you have to go into town to do so.

That's literally what ADHD does.

JuicyJesus

glasgowm148 wrote: »

That's literally what ADHD does.

Unfortunately, it still doesn't mean that Halifax has actually done anything wrong or is being unsympathetic.

I mean you didn't actually say in your post that your ADHD prevented you from going into a branch, you just said it was inconvenient to do so. That's a bit of an issue, especially if you're hoping to persuade a FOS case handler that Halifax somehow prevented you from switching to a student account (which is what you would need to argue, since the whole point of a complaint is that you're saying Halifax is at fault).

EDIT: Going by your previous thread, you seem to be under the impression that your diagnosis is a magic bullet which makes the charges you call unfair actually unfair in some way. I'm sorry to say that it's not, and you'll find this very hard going.

FOS are also possibly going to link your old complaint to your current one, and block it saying that it's a complaint which is essentially the same in substance as your previous one and that it is already closed. Even if they don't somehow make this link, Halifax will almost certainly mention your previous complaint in their submission to FOS and possibly seek to block consideration of it on the same grounds.

FOS does turn up funny decisions sometimes and indeed does a lot of funny things, so I wouldn't say you have absolutely zero chance of success, but I would honestly not get your hopes up. Your arguments don't really stack up and your complaint is possibly timebarred.

glasgowm148

JuicyJesus wrote: »

Unfortunately, it still doesn't mean that Halifax has actually done anything wrong or is being unsympathetic.

They hadn't - until this morning. Blaming me for not being able to switch the account when it's directly due to ADHD is unsympathetic.

JuicyJesus wrote: »

I mean you didn't actually say in your post that your ADHD prevented you from going into a branch, you just said it was inconvenient to do so. That's a bit of an issue, especially if you're hoping to persuade a FOS case handler that Halifax somehow prevented you from switching to a student account (which is what you would need to argue, since the whole point of a complaint is that you're saying Halifax is at fault).

Apologies, I forget I'm talking to people who don't know what ADHD is. It was absolutely due to ADHD. I'm still paying £20 a week for something that would take me an hour to solve. Why would I be doing that if it was simply 'inconvenient' ?

I'm not trying to say they prevented me. I'm saying I was unable to do so due to a disability. Furthermore - it was undiagnosed and I was unable to build up coping mechanisms. If I was diagnosed as a child my case would be a lot weaker.

JuicyJesus wrote: »

EDIT: Going by your previous thread, you seem to be under the impression that your diagnosis is a magic bullet which makes the charges you call unfair actually unfair in some way. I'm sorry to say that it's not, and you'll find this very hard going.

I'm sorry but this is just ignorant. It's a 'magic bullet' for legitimate issues it's caused.

JuicyJesus wrote: »

FOS are also possibly going to link your old complaint to your current one, and block it saying that it's a complaint which is essentially the same in substance as your previous one and that it is already closed. Even if they don't somehow make this link, Halifax will almost certainly mention your previous complaint in their submission to FOS and possibly seek to block consideration of it on the same grounds.

Old complaint is unrelated and was pre-diagnosis.

JuicyJesus wrote: »

FOS does turn up funny decisions sometimes and indeed does a lot of funny things, so I wouldn't say you have absolutely zero chance of success, but I would honestly not get your hopes up. Your arguments don't really stack up and your complaint is possibly timebarred.

Well, thanks for the insight - if anything it's shown me I'm going to be battling with ignorance. It's pretty clear cut if you understand ADHD and I think I'm on pretty good grounding considering that telegraph article so I'll get in touch with a lawyer today and consider going down the court route.

mije1983

glasgowm148 wrote: »

It's pretty clear cut if you understand ADHD and I think I'm on pretty good grounding considering that telegraph article so I'll get in touch with a lawyer today and consider going down the court route.

If you only want replies from people who 'understand ADHD', then you may be better off posting on a specialist forum rather than a banking one. There may be others who have the same issues you seem to be having and will more than likely be filled with people who 'understand ADHD'.


It is unlikely any solicitor you pick will 'understand ADHD' though, so you will need to structure your answers to what they will ask you with evidence, rather than just saying they 'don't understand' or are 'ignorant' and you are right.

[Deleted User]

You owe the money, ADHD or not.

You!!!8217;re not exempt from paying back what you owe.

Pay what you owe and be done with it

JuicyJesus

glasgowm148 wrote: »

I'm sorry but this is just ignorant. It's a 'magic bullet' for legitimate issues it's caused.

Here's the thing, you're going to have to argue that your ADHD was so severe that it prevented you from switching to a student account over two years ago through the multiple means they provide of doing so, and that this is actually such a good argument that it means Halifax should treat you as having actually done so two years ago. This does not seem reasonable, or in line with the general tenor of FOS' own case studies. Having a mental health issue doesn't mean you can claim the benefit of things you could have done two years ago but for your mental illness (being charitable, because your original post didn't mention not being able to go to a branch because of ADHD, but because it was "in town"), retroactively, and call anyone who disagrees "unsympathetic".

Old complaint is unrelated and was pre-diagnosis.

Given that the old complaint is about the application of overdraft fees being unfair, and that the new one is about the application of those same overdraft fees being unfair, I struggle to see how it's unrelated - pre-diagnosis or not, it's substantially the same complaint.

Well, thanks for the insight - if anything it's shown me I'm going to be battling with ignorance. It's pretty clear cut if you understand ADHD and I think I'm on pretty good grounding considering that telegraph article so I'll get in touch with a lawyer today and consider going down the court route.

That's your decision to make, so long as you recognise that while the FOS route is free and probably won't give you much joy, they work on the basis of what's fair in all of the circumstances and are generally very consumer friendly. The courts don't, and they cost money upfront which you won't get back if you lose, plus there will be costs to pay on Halifax's part which will not be cheap. If you wish to engage in this on the back of a newspaper article then that's entirely up to you.

glasgowm148

JuicyJesus wrote: »

Here's the thing, you're going to have to argue that your ADHD was so severe that it prevented you from switching to a student account over two years ago through the multiple means they provide of doing so, and that this is actually such a good argument that it means Halifax should treat you as having actually done so two years ago. This does not seem reasonable, or in line with the general tenor of FOS' own case studies. Having a mental health issue doesn't mean you can claim the benefit of things you could have done two years ago but for your mental illness (being charitable, because your original post didn't mention not being able to go to a branch because of ADHD, but because it was "in town"), retroactively, and call anyone who disagrees "unsympathetic".

What case studies? I'm diagnosed with severe ADHD so it shouldn't be a problem. Also, it's not a mental health issue. It's a brain disorder which primary symptom (executive function disorder) causes exactly these types of issues. I feel like you're comparing this to depressin or anxiety or something neurotypical like that . ADHD is more on the level of hidden autism to primarily effects your ability to do things like this. If I could have done it, I would've. It's nothing like depression

JuicyJesus wrote: »

Given that the old complaint is about the application of overdraft fees being unfair, and that the new one is about the application of those same overdraft fees being unfair, I struggle to see how it's unrelated - pre-diagnosis or not, it's substantially the same complaint..

Completely different complaint in almost every aspect. One was for the fee's being unfair simply due to me being poor and them ripping the pis5. The other is the fee's being unfair because I should've been exempt but had a brain disorder which prevented me from enacting that. You can make anything look identical by summarising it down to such basic components.

JuicyJesus wrote: »

That's your decision to make, so long as you recognise that while the FOS route is free and probably won't give you much joy, they work on the basis of what's fair in all of the circumstances and are generally very consumer friendly. The courts don't, and they cost money upfront which you won't get back if you lose, plus there will be costs to pay on Halifax's part which will not be cheap. If you wish to engage in this on the back of a newspaper article then that's entirely up to you.

I'm engaging this on the back of understanding ADHD. The science is on my side. Providing my lawyer is given a chance to explain that in court it's an easy win. I appreciate small claims courts are probably decades behind in this sort of stuff too so I'll wait to see what a lawyer says.

glasgowm148

mije1983 wrote: »

If you only want replies from people who 'understand ADHD', then you may be better off posting on a specialist forum rather than a banking one. There may be others who have the same issues you seem to be having and will more than likely be filled with people who 'understand ADHD'.


It is unlikely any solicitor you pick will 'understand ADHD' though, so you will need to structure your answers to what they will ask you with evidence, rather than just saying they 'don't understand' or are 'ignorant' and you are right.

I get that now, I thought I was clear enough by outlining the symptoms. Considering half the people didn't even read the thread and thought I wanted the bank to do something completely different from what I said I'll not be so optimistic in future.

System

!!! wrote: »

You owe the money, ADHD or not.

You!!!8217;re not exempt from paying back what you owe.

Pay what you owe and be done with it

personally i have bipolar, had my overdraft for 10 years, wasn't diagnosed when i got the overdraft so i dont really feel i can blame the bank, much of my debt was due to manic episodes but i feel its still my responsibility. but the overdraft is now gone for good (and im not being charged £40 a month for the damn thing). If the bank werent aware of OP having ADHD then i can;t see how they are at fault.