Thread: reclaiming charges under hardship

Hi,

I have put a claim in for bank charges under the hardship rule. They have come back offering me around half of the amount that I am claiming. If I do not accept the offer that they have made do I need to wait until the test case is over before I can take this any further?

Also, I put in a claim to another bank for charges under the hardship rule and they have come back stating that they do not feel that I am in hardship. Does the line which you fall under for hardship change from bank to bank or because I have been found to be in hardship with one bank does it mean that this bank should find the same?

Thanks

Originally Posted by pudsey7

Hi,

I have put a claim in for bank charges under the hardship rule. They have come back offering me around half of the amount that I am claiming. If I do not accept the offer that they have made do I need to wait until the test case is over before I can take this any further?

Also, I put in a claim to another bank for charges under the hardship rule and they have come back stating that they do not feel that I am in hardship. Does the line which you fall under for hardship change from bank to bank or because I have been found to be in hardship with one bank does it mean that this bank should find the same?

Thanks

To answer the first question, you can negotiate on interim payments since they are not Full and final settlements on the basis of priority debt arrears against amount offered, for example, priority debt arrears £1000 and offer is £500, I would argue for more since it doesn't clear arrears.
On the second question, I would say one account is active and the other is not, therefore meaning if only one of them is being used then the other bank have every right to say financial hardship but wait.

Thanks for the response. The other bank have said that they do not think that I am in hardship. If one bank thinks that I am should the other not as well?

Thanks

Originally Posted by pudsey7

Thanks for the response. The other bank have said that they do not think that I am in hardship. If one bank thinks that I am should the other not as well?

Thanks

The answer is no. Unfortunately, each bank interprets hardship in different ways. I do understand how they can make different assessments but the difficulty is trying to explain it.

On the second question, I would say one account is active and the other is not, therefore meaning if only one of them is being used then the other bank have every right to say financial hardship but wait.[/quote]

Thats interesting, why does the bank with the non-active account get to say that they shouldnt pay yet even though there is hardship? Surely they still owe the money and the money assists getting rid of the hardship?