Have you a *Hardship* case in progress, or have you won/lost one.

[Mr lex]

We are trying to evaluate the current lack of success in Hardship cases.

If you have a case in progress, or you have just won/lost one could you post details below. A link to your thread would be good too.

It would be good to have such details as,

What stage are you at,

How long has the process taken from applying to where you are now,

If possible, could you post any letters or judgments you have received.

A link to your thread would be useful.

A reminder.

Although the banks have a ongoing test case with OFT there are a number of reasons why you should continue to claim at court now.

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Although we believe once you start your claim you should still be able to claim these, don't take any chances. Take your claim to court now and those charges are protected.

When the stays are finally lifted, you will be one of the first in the queue to get paid.

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.
For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

Thank you for any help you can give

Lex

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Buby x]

Hi. I have two claims going through at the moment. One with Abbey (£1800) and the other with Barclays (£3400).
With Abbey I have sent my claim off and have also spoken to Ronan Coyle a couple of times just confirming that they had received my letters( I can't believe he works for Abbey, he seems too nice!!!!!!!!!!!!!!) He has assured me that I WILL hear from them within about six weeks. That means I need to wait till about the third week of November.
My claim with Barclays has only just begun. I telephoned the number on the top of my letters received from Barclays and a lady called Nicola answered straight away. I told her my plan and gave her my reference number and she has now re-opened my case and assured me that I will hear from Barclays within 5 working days. I have set up a thread in the Barclays Forum but am new to this so I'm not sure how to post a link.
I'm determined to give this my best shot as I've got nothing to loose.
Buby x

[Buby x]

Think I am going to write to the court today and say that' I understand why my claim has been put on hold but why have the banks not been put on hold for applying more charges. I'm sure its been done before but the more letters they get about it then they might actually take a look.
Buby x

[Mr lex]

Hi Buby x,

First of all thank you for passing on this information, we shall watch your progress with interest.

Have you sent the two banks a spreadsheet listing your income/outgoings?

It is also most important that you proceed with your claim down the usual route and file at court, please make sure you do this with both claims.

I fear that the question to the court will fall on deaf ears, if you want to try and get the stays lifted have a read of this link :-

~~## Stays info and guidance ##~~

If you do go down this route, please post your letter to the court or your N244 form here so we can have a quick check.

Here are the links to your threads

http://www.consumeractiongroup.co.uk...m-against.html

Buby_x v Abbey

Lex

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Buby x]

Hi.
I've the I & E to abbey but not to Barclays.
When I phoned Barclays they said that I will hear from them within 5 working days with a list of the information they need. Of course, if I dont hear anything I will be on the phone again.
Both claims have been filed with the court and, like all others, have been stayed, hence why I'm going for financial hardship.
Will certainly keep you posted with any updates
Do you know many others that have been successful with a financial hardship case with Barclays. I know that a few people have with Abbey.
Buby

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Mr lex]

Hi Buby,

Not to many with Barclays yet. Abbey seem to be taking their obligation under the guide lines serous. The best of them appear to be Halifax and BOS.

Lex

[JGJ]

HI all,
I have two claims stayed by the DJ at the County Court at the behest of Lloyds TSB, I am being bombarded with letters from them and their in house sols, I sent the first of my (WAIVER RULES INITIATIVE,(FINANCIAL HARDSHIP CRITERIA) letters to Lloyds TSB in july and it was delivered 2days later by recorded del. I waited and waited then rang them to be told that they had not received any letter and that it must be lost. I drafted another letter with financial statement and sent that by rec.del. and that was del. 2days later late sept.I have to date received no correspondance from Lloyds re the Waiver requests, BUT they have sent default notices re both account overdrafts being out of order.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

	FSA Waiver The FSA has granted a waiver to the finance industry in respect of bank charges claims. The waiver has been in place since July 2007 and will continue until the OFT test case is decided. The OFT test case will be heard by the House of Lords in June 2009. We are likley to get a decision before the end of the year. Under FSA rules, banks must normally deal with all complaints within 8 weeks. The FSA waiver has allowed banks to put bank charges claims on hold pending the outcome of the Test case. The FSA waiver is expremely one-sided as it allows banks to put claims on hold but it allows banks to continue levying charges. It also allows banks to continue enforcement action even in relation to disputed bank charges. The FSA waiver has been assisted by a general stay on charges-related County Court claims. You are still permitted to begin a County Court claim for the refund of your charges but your claim will be put on hold pending the outcome of the OFT test case. Despite this, we recommend very strongly that you begin a County Court claim now!! If you are on benefits, you will not have to pay court fees. You should start a County Court claim to recover your money straightaway.

[Mr lex]

Hi JGJ,

You now need to think about going to court, both to have the stay lifted and to have the defaults removed. I find this very upsetting as the case is obviously in dispute

Have a look here :-

http://www.consumeractiongroup.co.uk...y-grounds.html

And the link I posted above :-

~~## Stays info and guidance ##~~

If you submit a N244 please post it here for people to check.

Lex

[JGJ]

Mr lex,
I have received this day, letter from court after my letter for further directions was submitted it states. A PROPER OFFICER sitting at Blah blah county court, Upon reading the claimants letter.
IT IS ORDERED THAT
The claim remains stayed until one calendar month after final judgement in the test case(including any appeal)
No surprise there then!!
"EXEMPLO DUCEMUS"

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[fedup74]

Hi I made a claim through a company in December 2006(still don't know why I never did it myself) they took ages to get anywhere and the claims were stayed. I sent a letter to the Halifax myself claiming financial hardship and the reasons why. My total charges with interest were £3900 they offered to pay charges without interest but it has to pay off my credit card and overdraft. At first I disagreed and wanted interest added but they said if I never accepted their offer I would have to wait until the court action had been decided. I then accepted their offer but made it clear this was not in Full and Final settlement and would be claiming the interest once the court action is over. Hope this helps?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[JGJ]

Fedup74,
Thanks for the input unfortunately Lloyds TSB are without doubt (IMHO) the most uncooperative set of *ankers on this planet and they ride roughshod over everything and everybody who dare to question their disgraceful tacticts and antics, I really do not know how they are given so much leeway by the powers that be.They do not want to negotiate only to dictate and harrass their customers apparently cocking a snoot at the legal procedure.
"EXEMPLO DUCEMUS"

[MARTIN3030]

Originally Posted by JGJ

Mr lex,
I have received this day, letter from court after my letter for further directions was submitted it states. A PROPER OFFICER sitting at Blah blah county court, Upon reading the claimants letter.
IT IS ORDERED THAT
The claim remains stayed until one calendar month after final judgement in the test case(including any appeal)
No surprise there then!!
"EXEMPLO DUCEMUS"

Better to apply on notice on N244 and request a hearing.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Buby x]

I have just had a call from abbey regarding my hardship claim. I cannot believe they have a agreed it 65% of my claim. Tghis is without predudice and I can still go for the rest if or should I say when the banks loose. I feel like I've just won the lottery. Money should be in my account by next Monday.
I feel like xmas has come early!!!!!!!!!!!!!!!

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Mr lex]

Thats great news Buby.

[richeratlast]

Hi I have a claim ongoing with Barclays and has been stayed for £13,359 this was up until feb 2007.In June I asked Barclays to help me under financial hardshjp as I have mortgage arrears and baliff letters for council tax. They sent me a I&E which the first one did not arrive but they received the second.After spending £35 in mobile phonecalls (as I can no longer afford a house phone)I got nowhere Apparently cos I don't owe them anything I don't have hardship.It is very frustrating as I am desperate to get out of debt. They have obviously not read up about getting back to me in 6 weeks as all they sent me was a letter giving telephone numbers for debt councellors and telling me to contact the people I owe money too! I would not be in debt if it was not for bank charges. Anyone have any idas?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[AA99]

Buby, Is your account with the Abbey still 'in tact' after they've refunded you ??

I have banked with Nationwide for 25 years and they must owe me thousands, but am up to my neck with 8 Credit Card creditors, and have been living on £2,000 agreed overdraft with N/W for the past few years. Have been reluctant to claim against them in case they wipe my account out from under my feet!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Buby x]

Yes my account is still in tact. I have banked with them for over 20 years and I still have £450 overdraft facility. I also have my mortgage with them although it has never been in arrears.
Buby x

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[linzih]

hi every one....i have been trying since end of september to claim back £1,800 in charges from NatWest under the hardship waiver.after sending them all the info on my finances and proof of court orders for rent arrears(due to them repeateadly putting charges on my account).i was told last week i did not fit critera for hardship,which i fiind very hard to belive!!!!!
on 8.12.08 i sent them a fainal letter along with a copy of the hardship waiver n highlighted the critera i belive i fit and stated if i dont get a response to this in 10 days i will then take my case to the fos or to the courts......just a matter of waiting now.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Mr lex]

Hi Linzih,

Your best plan now is to ask your local court for a hearing.

Have a good read up here :-

http://www.consumeractiongroup.co.uk...y-grounds.html

http://www.consumeractiongroup.co.uk...y-hearing.html

You need to do this on form N244 :-

http://www.consumeractiongroup.co.uk...on-notice.html

If you go down this route, please post you N244 before submission so we can have a look over it for you.

Hope this helps, sometimes it's the only thing to get the banks to face-up to their obligations.

Lex

[ohoh4312]

I have sent my hardship letter twice to Mr Coyle at Abbey - they have never arrived/been refused delivery/whatever.

Abbey are threatening me with "external" DCA's, defaults, etc etc, and I am at the end of my tether.

Should I try once more to contact him, or should I go straight to Court, as above?

Link to thread (sorry its really long)

us v the Abbey for £7,500***WON***

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!