Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
does anyone think this would help me get my charges back?
Dear **********
I am writing to you to request that charges you have made to my account be refunded under hardship rules.
I am aware of the criteria for financial hardship defined by the FSA in the updated version of the waiver and feel that I meet a lot of the criteria and I am are suffering from financial hardship. I justify this claim as follows:
1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.
2. In making an assessment of financial difficulty the firm will take into account:
a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship Breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
I lost my husband just over 2 years ago and have been struggling ever since I am unable to go back to work ( haven't been employed since 1997 because I gave up work to care for my husband) as I am unfit for work and have just been diagnosed with Fibromyalgia and my mobility is greatly impaired and I am finding it extremely difficult to cope with the excruciating pain as I cannot take pain relief.
b. evidence of the following events:
i. items repeatedly being returned unpaid due to lack of available funds;
I have had items returned on many occasions resulting in charges on the following dates
ii. failing to make loan repayments or other commitments;
The Lloyds Tsb collections dept have put me on a payment arrangement for my loan with Lloyds Tsb as I was struggling to make my payments iii. discontinuation of regular credits;
iv. notification of some form of insolvency or court proceedings;
I have had a letter from my housing association stating that I am now in arrears of £1117.53 and they are now considering court action for possession I am already paying £140 per month to them, this has happened because when my husband died it took the housing benefit dept nearly 4 months to sort out my new claim and they had made a massive over payment and are now taking it back at nearly £10 per week off my benefit. As it is I don't get full benefit because I get widowed parents benefit, child benefit and child tax credit, which takes me over the threshold for income support.
v. regular requests for increased borrowing or repeated rescheduling of debts;
I have had to have my OD increased by the Lloyds collections department due to charges being put onto my account. This is reducing by £4 per month. This was done due to my Income and expenditure showing Financial Hardship!
vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).
My charges to date amount to £550 so far and will rise to £630 on 09/08/2008
My charges to date with Lloyds tsb amount to £461 for the year July 2007to July 2008 and I have a case stayed in the count courts for £4621.37
3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.
4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.
5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.
6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.
I trust that the Bank agree with me and will now be able to resolve my claim for return of the charges.
Yours sincerly
belville
What do you think??
Are there any changes I should make? or anything I should add?
It is problematic getting banks to accept hardship and the FSA has agreed some terms in their latest announcement. I have been refused by the Halifax and Natwest.
Your letter is very in depth and may well give them food for thought.
some one on Leagel seagulls has managed to get their bank (Abbey) to refund them on hardship rules and there was mention about Halifax doing similar things
have a read of the thread on legal seagulls forum
Ladidi v abbey settlement offer
Good luck with your claim
Belville
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
Well the postman yesterday delivered a letter from a Ms Fordman At A&L Customer services
it reads as follows
Dear belville
Thank you for your recent enquiry, we acknowlege receipt of your request for repayment of charges for your claim of financial hardship.
In Order for us to assess and investigate your claim fully, we require the enclosed Income and Expenditure form to be completed, and returned, in the pre-paid envelope within the next 10 days. Upon receipt of this document, we will refer your details to a specialist team to concider your finantial situation.
Please ensure the form is completed fully, and provide copies (please do not send originals) of three months proof of earnings or other income. when we have assessed your claim, for security and confidentiality reasons, we will destroy and documentation you send to us.
If we do not receive this information within the agreed timescale, we will assume you no longer wish to pursue your claim of finantial hardship and will accordingly close this case. Please telephone 0844 800 9000 is you would like to discuss any aspect of the matter further.The enclosed leaflet explains the steps we take to handle complaints. We will keep your file open for eight weeks and if we do not hear from you then, we will concider the matter closed.
Yours sincerely
Christina Fordman
Customer Services
So even though my letter to them included my Income and Expenditure form they want another.
I have no problem filling in theirs and returning it to them, but would like others views as to weather I should wait and see what they come up with or carry on to lba stage.
They have stopped me viewing my account online and as it is an internet account I cannot now see what charges they are adding each month!
Had a letter last week while I was away which crossed paths with my letter to them saying that they had closed my account but I could see online any future charges.
Opinions Please
Belville
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
belville v A&L
and feel that I meet a lot of the criteria and I am are suffering from financial hardship. I justify this claim as follows:
Surely life can't get any worse it has to only get better from hear on out
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