Thread: CM V Abbey - Financial Hardship

I put a claim in against Abbey last year, however like everyone else my claim is on a stay.

Before my action of requesting bank charges I had an agreed overdraft with abbey. Abbey's charges saw me go over this overdraft limit. When I requested the money back and threatened court action they closed my account and had debt collectors chase me for the £1500.

My claim was originally for £950, £370 of which abbey paid back into the closed account as a gesture of good will. I continued to chase for the rest and eventually my claim was stayed.

I am currently experiencing financial hardship in that I am now unemployed.

Is it worth notifying abbey of the financial hardship or if i win will they just pay the money to themselves and come chasing me again for rest?

Also Abbey placed a default notice against my name that I want lifted.

What are your opinions?

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This has also happened to me with single account and joint account with hubby which resulted in all sorts of financial problems, mine too on hold but i have read today that you have to write to them first and tell them you intened to submit court papers on the special rules - hardship, i can go back the whole 6yrs and have necessary proof - do you have all documents as it said would need these, it was not on here were i read it but i'm in process of looking, sorry cant be more help at this stage,

good luck
jcl

Still haven't done anything on this as i'm unsure of what action to take.

As I said I owe Abbey £1500 since they closed my overdraft. They currently owe me £580 in charges.

If I persue the claim is it likely that they will just keep the £580 and take from the money I owe them?

Of course if it wasn't for the bank charges I would still have my overdraft facility and so wouldn't owe them that sum.

Hi CM

I note that you have a financial hardship case and want to progress it further and that you claim has been stayed in court.

I have just been sucessful in getting Abbey to agree to repay me 65% of my claim which has been stayed in court and which is NOT in Full and final and after the test case if the OFT win I will be able to recover the balance.

http://www.consumeractiongroup.co.uk...bbey-bank.html

The person to contact is Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, London NW1 3AN
Tel:-020 7756 4398 you will need to quote your court reference number.

The documents which I sent to him were:-

1. A brief letter fully explaining the reasons why you meet the FSA's recent update in the new waiver conditions.
2. An income and expenses sheet.
3. All documentary evidences supporting the hardship letter,
4. A revised claims schedule of charges and interest to date.

Should you require more help, please just ask. As not only are Abbey now agreeing hardship claims other banks are also. It is really important that you give as much information and evidence that you readliy have. My claim was dealt with within 4 weeks and I did not have to supply any further information.

Tuttsi xx

Originally Posted by TUTTSI

Hi CM

I note that you have a financial hardship case and want to progress it further and that you claim has been stayed in court.

I have just been sucessful in getting Abbey to agree to repay me 65% of my claim which has been stayed in court and which is NOT in Full and final and after the test case if the OFT win I will be able to recover the balance.

http://www.consumeractiongroup.co.uk...bbey-bank.html

The person to contact is Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, London NW1 3AN
Tel:-020 7756 4398 you will need to quote your court reference number.

The documents which I sent to him were:-

1. A brief letter fully explaining the reasons why you meet the FSA's recent update in the new waiver conditions.
2. An income and expenses sheet.
3. All documentary evidences supporting the hardship letter,
4. A revised claims schedule of charges and interest to date.

Should you require more help, please just ask. As not only are Abbey now agreeing hardship claims other banks are also. It is really important that you give as much information and evidence that you readliy have. My claim was dealt with within 4 weeks and I did not have to supply any further information.

Tuttsi xx

Hi thanks for that. What evidence did you provide of hardship? I am currently claiming JSA is the award letter enough? I'd rather not give them statements from my creditcard and other bank overdrafts if possible.

Do you have a draft letter?

I do have the letter which I sent which is personal to me and my own circumstances.

I will however draft for you an outline for the letter which you can then add all about your own hardship details. I am at work now but will do it when I get home this evening. It is really best in these circumstances not to send stereo type letters especially if you want Abbey to consider your claim seriously.

JSA - Job Seekers allowance is good

Any other debts like mortgage/rent/council tax /telephone/gas/electric arrears or anything else which you are currently being threatened with or can show any court judgements. You will need to supply proof if you want Abbey to consider your claim. (we have a suspended possession order)

You need to do a joint income and expenses summary (ours by the way was in the negative but was unfortunately accurate hence why we are in the position that we are in )

The reasons which lead up to your current hardship,(with mine my hubby had two emergency eye ops last year which caused him to fall dramatically behind with the mortgage repayments anomgst other debts)

You have to make a strong case for yourself if you want to be concidered.

Tuttsi xx

Your Name

ADDRESS 1

ADDRESS 2

ADDRESS 3

ADDRESS 4

TEL/FAX XXXXXXXXX

EMAIL XXXXXXXXXX

FOA: Mr Ronan Coyle
Location Code TS6 D03
Abbey National PLC
Abbey National House
2 Triton Square
Regent Park
London NW1 3AN DATE…………..





BY RECORDED DELIVERY


Dear Mr Coyle

YOUR NAME
ABBEY ACCOUNT NUMBER:- XXXXXXXX
CLAIM NO:- XXXXXXX

I am writing to you regarding my claim and my financial hardship
situation which I understand meets the FSA’s recent update to the
complaints handling waiver and their guidelines on financial difficulty.

I would like to attach documentation in support of my hardship
case which evidences my extreme financial difficulty, as follows:-


1 : An updated spreadsheet showing my claim value as £XXXXXXX with Abbey at the present time.

2 : A Joint personal budget sheet which shows a monthly deficit of £XXX

3.

4.

5.

6.

HERE WRITE A DESCRIPTION AS TO WHY YOU FEEL YOU ARE A GENUINE HARDSHIP CASE AND THE EFFECT IT IS HAVING ON YOU/ AND YOUR FAMILY, ETC ETC….


Change these paragraphs to suit
My husband and I are currently finding it very difficult to cope during the present economic climate coupled with the real threat of losing the residential home as a result of the suspended possession order.

This financial situation is putting a terrible burden on both myself and my family, and I please ask that you reconsider my claim and my circumstances given the current waiver criteria and the Banking Code.

I look forward to hearing from you shortly.

Yours sincerely



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