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I've submitted a hardship claim (and upped my original claim from 2006 from 385.50 to 505.50) to Nationwide today, so we'll see what bobbins they come back with.
I pointed out in my letter I was in arrears on all of my priority debts (rent, council tax, water, gas, electric), and that I am in receipt of benefit. I also enclosed an income/expenditure form (which rather handily showed my expenditure as exceeding my income - crumbs, no wonder I'm struggling !).
I'll keep you all posted on how it goes, but I suspect from previous stories on here that they won't be caving in easily
They will come back with the bull cack of the charges did not cause you financial harship so they will not be returning them. They do not acknowledge the FSA's guidelines and the fact that people or genuinely in hardship.
After 2 letters of ****e i have reffered them to the fos.
I have written to point out that we both know that the hardship form was completed to show that they needed to expedite the matter, not to justify the overdraft. Have also advised that I am aware that the overdraft and it's charges are partially made up of earlier charges and that I have not, calculated as yet the proportion of these costs (and therefore how much more they owe me) but may now do so. Also pointed out that as my husband is now redundant the £250 a month they have forced us to pay off the overdraft will reduce to a negligible sum from next month.
Have also given them seven days to reply otherwise I will take legal action and asked the fos for a view on whether they would intervene. This weekend's job is to send the official notice letter and to complete court forms.
I have written to point out that we both know that the hardship form was completed to show that they needed to expedite the matter, not to justify the overdraft. Have also advised that I am aware that the overdraft and it's charges are partially made up of earlier charges and that I have not, calculated as yet the proportion of these costs (and therefore how much more they owe me) but may now do so. Also pointed out that as my husband is now redundant the £250 a month they have forced us to pay off the overdraft will reduce to a negligible sum from next month.
Have also given them seven days to reply otherwise I will take legal action and asked the fos for a view on whether they would intervene. This weekend's job is to send the official notice letter and to complete court forms.
Patsy, do you have priority debt arrears(mortgage/rent, utilities, council tax)?
Are any of the priority debt arrears being paid off?
Can I clarify you have claimed since July 2001 under hardship?
A court will stay any claim you make pending the OFT test case issues resolution.
No priority debts. Moved to small house last year to pay off mortgage and are just managing to keep heads above water. I claimed under hardship in June 2009. I thought that some courts are hearing cases? I assumed if you could prove hardship then they would hear the case.
No priority debts. Moved to small house last year to pay off mortgage and are just managing to keep heads above water. I claimed under hardship in June 2009. I thought that some courts are hearing cases? I assumed if you could prove hardship then they would hear the case.
No courts can't and you aren't a hardship case as defined by the waiver because there are no priority debt arrears and you can spend time going to the fos but honestly they will say No.
So if we stop bothering to pay and let ourselves get into trouble they will respond. Not knocking people who are in arrears, but we are going without to keep out of debt. Marvellous. Why on earth do we bother? From this month we will have a joint income of about £500 a month and outgoings which exceed this. If that's not hardship, can someone explain this new meaning of the word?
So if we stop bothering to pay and let ourselves get into trouble they will respond. Not knocking people who are in arrears, but we are going without to keep out of debt. Marvellous. Why on earth do we bother? From this month we will have a joint income of about £500 a month and outgoings which exceed this. If that's not hardship, can someone explain this new meaning of the word?
Yes, it is debts than can lead to the loss of your home(mortgage), you liberty(council tax) or basic necessities(water/gas/electricity) or loss of job(HP on car). Nationwide will only payout if there are priority debts and the hardship was caused by their charges ie that a lifestyle change(i.e loss of job) and the charges since then contributed to the hardship on priority debt arrears.
Give Nwide their due - they did refund me £120, which were charges levied in 2007/8. The remaining charges were all before my financial woes, apparently, but that part of the claim remains on hold...
Every little helps, even though it took a month of letters and phone calls to get to that stage.
clayts vs Nationwide - hardship
today, so we'll see what bobbins they come back with.
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Originally Posted by PatsyB
