FSA and Hardship

[MARTIN3030]

Email sent.
I was so annoyed to read of this.
Whether true or not-I have no doubt we will see the position from those who can sort it.

[yourbank]

Its on an MSE thread so the truthfuleness or otherwise is not for me to dispute. It was unusual which is why i posted(still got an eye for certain things.)

[Mr lex]

Letter for an application for consideration for hardship

http://www.consumeractiongroup.co.uk...ed-claims.html

[yourbank]

Mr Lex and Martin3030, can i ask on note 3, what do you mean by offer? Would it not be arrears, followed by monthly payment plan(if any)?
Can you clarify Priority debts other? What would you say is a priority debt?

[Mr lex]

Hi YB,

There is a very good thread here I may link to the spreadsheet :-

How to get out of debt

I have taken a few extacts below....

PRIORITY DEBTS

Priority debts are the important ones, if you do not pay these something can be taken away from you – Property, Liberty or Utility. I could write a book on the importance of dealing with priority debts, I’ll try and keep this section as short as I possibly can.

What can priority creditors do?

• They could take away your home (Repossession or Eviction)
• They could take away other secured items (such as a car on HP)
• They could cut off your gas or electricity
• The could send the bailiffs to take furniture from your home
• They could ask the magistrates’ court to send you to prison

Offers

The standard way to begin negotiations with your priority creditors is to send them a copy of your personal budget and make an offer of payment. Always try and negotiate in writing and keep a copy of any correspondence. Some creditors may have a code of practice outlining how they should deal with people in financial difficulties, always request a copy.

I think the above link will enable most people to fill in the spreadsheet, not all of it will apply to all people, but it's a good guide.

Your views??

Lex

[yourbank]

My concern was whether offers is maybe not relevant and maybe payments were. If the payment is under offer to the priority debt then maybe that is fine.
Make sense?

[Mr lex]

Makes absolute sense.

It may be necessary to 'show' an offer when applying for Hardship even if it is not yet accepted, given that both can be fairly long winded procedures anyway.

	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!

[abroadgirl]

good moprning all,
re post 15
i havent had an offer or anything although abbey has said i come under the hardship claim but no offer nothing

	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!