Hardship cases with Financial Ombudsman -how do I go about it?

[pohare]

Hi

I have a case, filed with Edinburgh Sheriff court October last yr which was sisted in Feb this yr. In the meantime, we are becoming more and more aware that ongoing charges are leaving us with barely nothing to get by on each month. Overall our bank charges claim comes to £5500 in total, interest included.
How would I go about claiming under financial hardship? We have our house on the market, are being charged by the bank each month because interest payments for the overdrafts on each account take us overdrawn, so £28 on each account, each month
We asked the bank to freeze the interest so we could try and repay the overdrafts each month but they said no, they would come to some payment arrangement but this would affect our credit (basically threatened us with default) and we can't really risk that because we're trying to move, mortgage application etc.
Anyone help? Please?

Thank you.

[Mr lex]

Hi pohare,

As I understand it, you need to apply to your bank for a hardship form. On this you show your income and outgoings. The bank will then make a disscison weather to make a repayment on hardship grounds.

When you register your complaint through HARDSHIP the waiver does not protect them from ignoring your complaint. They must be sympathetic to your circumstances but this dosent mean you will get a refund.
Other people not been successfull through this route but a few have had full refunds and one I know has been offered a partial refund so when the bank look at the income/expenditure form you sent them they will then respond.

They have 8 weeks to respond to your complaint as per the FSA, if they do not respond to you within that timescale then proceed to the FOS.

On another point. 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.

Lex

[pohare]

Thanks very much for your reply, Lex.

Would I be right in thinking I would just write to the bank asking that they send me one of those forms? Same address as I sent the original claims paperwork to?

[Mr lex]

That would be the way, Pohare.

I would put your case number on your letter, if you have one.

Lex