Hardship Case

boston3603 · 27th August 2008, 00:58

Hello evryone.
Its been a while since I last posted. Am at the end of my tether now and want to try to have my case looked at again by the bank because of hardship. I am so stressed out I cant find a template to do so. Is there one and Do I ask the bank for a financial statement form or do my own ? Sorry.....very tired. Thank you.

GRRR

saintly_1 · 27th August 2008, 01:05

Hardship and Stayed Claims have a look here

boston3603 · 27th August 2008, 01:08

THANK you so much for your quick reply. I will have a good read and take it from there.
Thanks again
Hazel

JSS · 28th August 2008, 16:21

With regards to claiming for hardship. I will be unemployed as of next Monday.
I have a stayed claim with LloydsTSB. Who do I get in touch with regarding a hardship claim? Would it be Sechari Clark & Mithcell, the solicitors acting on their behalf? Or Lloyds TSB itself? If it is Lloyds TSB then which actual department. Because I don't want them passing the buck around various "departments" trying to stall any claim. Any advice wouldb be appreciated.
JSS

BoSBoY · 29th August 2008, 02:05

Hardship cases should be deal with once the back in question is aware of your situation, you will most likely have to complete an income and expenditure form. I would give the contact center a call and they should be able to to advise the complaints department for your intentions, or visit the branch. Remember that before the bank will review your case you may have to provide proof of your situation and generally speaking (from and banks point of view) hardship is where the customers income is not enough to cover essential living costs.

MARTIN3030 · 29th August 2008, 03:42

Quote:

Originally Posted by JSS

With regards to claiming for hardship. I will be unemployed as of next Monday.
I have a stayed claim with LloydsTSB. Who do I get in touch with regarding a hardship claim? Would it be Sechari Clark & Mithcell, the solicitors acting on their behalf? Or Lloyds TSB itself? If it is Lloyds TSB then which actual department. Because I don't want them passing the buck around various "departments" trying to stall any claim. Any advice wouldb be appreciated.
JSS

When you say stayed-do you mean its in the Court system ? Use the temp letter and form from the link above.I would send to the Bank since this is within the FSA guidelines.The FOS will only intervene if the bank fails to listen and act.Use the contact/address on the last communications that you had from them.

Mr lex · 25th October 2008, 18:33

Hi Hazel,

Just poking my head in to see how you were getting on ?

Any more news ?

Lex

boston3603 · 26th October 2008, 00:22

Hello Mr Lex
Very nice of you to ask.

I SENT ALL DOCUMENTATION TO ABBEY REGARDING HARDSHIP, AFTER THEY SENT THE INCOME AND EX. FORM. That was on the 19 September. I did not send a copy to the fos as I figured abbey might contact me, but as yet, they have not. Do you have any idea how long I should wait as we are struggling.

I sent my usual monthly payment to abbey to reduce my overdraft as advised by the cab but after 6 months of doing this, they returned the cheque saying the account is closed.

I suppose they are now trying to default me. The problem is they keep charging me for having an overdraft anyway, so I will soon be sent over my overdraft, hence more charges.
It has come to the point now where we need the money back to pay to go bankrupt.

Do I wait to hear from them or assume they wont contact? And should I approach the fos now?

Thanking you in advance.
Hazel

MARTIN3030 · 26th October 2008, 15:54

The procedure with the FOS is this;
Call them and explain briefly your situ-they will allocate you a complaint number.You can ask them to write to the Bank ...within a couple of days you will get a complaints pack from the FOS.In the meantime the Bank must respond to you following the FOS letter to them.
The complaints pack should be filled in and sent back to the FOS with any proof or docs.If you already have had a final response from the bank you can return it right away with a copy.
If the bank have taken adverse action while you are disputing the account,such as selling on debts defaulting or closing accounts-then this is in breach of banking codes criteria and also OFT guidance-you should complain about this too.

Many Courts are refusing to lift stays making decisions without hearings-its better to apply on notice using N244 and requesting a hearing-there is a charge but free for those who are eligible under fee remission.
Its advisable to submit the detailed waiver agreement which can be found on the OFT website.
I would also inform the FOS if the banks are opposing your lift of stay after you have made them aware you will be citing hardship.

kevandmary · 26th November 2008, 16:08

Hi there, we have received an email from Abbey today offering 65% of our claim due to financial hardship. Has anyone refused a 65% offer from Abbey and if so did they increase their offer?? We are not sure whether to just take it and then claim the rest once the test case is concluded. Their email confirms we can put in a claim for the balance. If anyone has been down this road would be good to hear from you. Thanx

enamae · 27th November 2008, 01:12

65% is the maximum that Abbey will pay out under the Hardship rules.

As stated accepting their offer will not prejudice the remainder of your claim, which will remain on hold until the conclusion of the OFT case.

dec001 · 2nd December 2008, 23:51

Hi everyone,this is my first post hope to be of help and maybe get some as well-I am claiming £4500 from first trust,they made me a without prejudice offer of £1250 on the condition they deduct this from my mortgage arrears,I rang asking politely for an increased offer 50% of my arrears and 50% to my current account,the last letter said they would split the £1250 50-50,I rang again and said I settle for £2000 split 50-50,am I wise or just desperate(need the money)????

dec001 · 3rd December 2008, 00:04

Hi me again would like to here from anyone in n.ireland dealing with first trust bank or even works on the inside,thanks

Tazzman · 3rd December 2008, 17:11

Hi Everyone,

I have just been reading boston3603 hardship case and I am in a similar position with abbey and I am looking for some advice/help. It has been such a long time since I posted here I am a bit confused and lost in the whole forums, so I hoping some one could help me through it please.

At present my claim is stayed at derby county court for £8212 (as of last year). I have just received a letter from abbey saying that they are taking away my £1200 overdraft as from 1st Jan 2009. Once they do this I will be in deep dodo. I have been off work for the last 3 years because I had spinal surgery and I am only on half pay, so there is still around £1000 per month going into my account. I am slowly drowning and i don't know where to go now. Mortgage & other stuff is is starting to slip and when my O/D is taken away I will be left -£1200 down. Only ay I can see to resolve it is for me to put in a hardship case. Do I send this to abbey, the court or the FSA? Please help.

I've also started a new thread so I don't take over bostons thread.

boston3603 · 3rd December 2008, 17:27

After ringing up to ask why our plea for hardship was taking so long, next day got a letter saying we are not considered hardup enough which is why as from this friday, we will be applying for BR.

I am seriously thinking now of telling them to reconsider as we will be BR soon. So although we wont get back the 11000 the bstards owe us, neither will abbey get back the 3000 OD. I stopped paying all my creditors last month, including payments to reduce the OD. For every 15 quid I paid, they slapped on OD service charge of 15.00

If you can, you have to ask what frightens you more. Staying in this situation and have the feckers squeeze the life out of you or go BR....although it is much easier for me as I do not own my home. Keep reading through this place...it is fab and you will find loads of support and inspiration.

I wish you all the very best.
Hazel

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