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.
After watching the good old GMTV and Martin Lewis today on tv, i understand that some people have been sucessful recently in claiming back bank charges as they have a case for hardship.
I just wondered if anyone of you have experience of this?
I wrote to RBS once before and they sent me out a form to fill in but i admit i did not fill out the forms or return them as it stated that it would take my £500 overdraft off me (something which i live in lol.)
After watching the good old GMTV and Martin Lewis today on tv, i understand that some people have been sucessful recently in claiming back bank charges as they have a case for hardship.
I just wondered if anyone of you have experience of this?
I wrote to RBS once before and they sent me out a form to fill in but i admit i did not fill out the forms or return them as it stated that it would take my £500 overdraft off me (something which i live in lol.)
Anyone got any advice or have done this?
I have seen a lot of success on hardship. You need to fill in that income and expenditure form and send it back in.
Do you have priority debt arrears(mortgage/rent, council tax, utilities)?
I've got the full set but only my utilities is very much in arears, but the gas people have signed me up to a discount scheme cause 10% of my wage goes on Gas/Elec so would this go against me?
This, of course, is the nub of the article. To have your case heard, you need to fulfil the Financial Services Authority’s official definition:
“A complainant is considered to be in financial difficulty when his or her income is insufficient to cover reasonable living expenses and meet financial commitments as they become due.”
This means when you can’t afford commitments such as utility bills, rent and council tax, or if you’re struggling to repay debts such as your mortgage or credit card.
That definition is quite general. But if it sounds like it applies, to find out if you fit one of the FSA’s specific examples, it’s important to go through its official hardship guidance below. Yet sometimes it’s not exactly in plain English, so we’ve added a ‘translation’ to each.
Are items repeatedly being returned unpaid due to lack of available funds?
Translation: Do your payments regularly bounce? Are you failing to make loan repayments or other commitments?
Translation: When you can’t afford mortgage, loan or credit card repayments. Is there a discontinuation of regular credits?
Translation: Do you no longer have money coming in, or regular income, such as when you lose your job? (See the full Redundacy Guide for hints and tips if you have lost your job). Is there a notification of some form of insolvency or court proceedings?
Translation: Are you going bankrupt or getting an IVA (see the IVA guide)? Are there regular requests for increased borrowing or repeated rescheduling of debts?
Translation: Are you living off credit, struggling to repay it and regularly needing to increase credit limits? Or do you have a special debt payment plan in place with lenders as you can’t afford repayments at the usual rate? Do you make frequent credit card cash withdrawals at non-promotional rates?
Translation: Self explanatory. However, if you’re taking cash out on a credit card, the interest rate is hideous and it usually indicates a problem. Do you repeatedly exceed your credit card or overdraft limit without agreement?
Translation: Self explanatory. It then goes on to say that “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”.
This is interesting. It effectively means if you get over £500 of bank charges each year then, almost by definition, you’re in financial hardship. Many with large claims will be in this boat.
In addition, if you’re on benefits, it’s highly questionable whether banks should be effectively reducing your benefit income by charging you. It is not illegal for banks to take charges from your benefit income, though it can be illegal to deduct some other charges from benefit income.
If this applies, either alongside or separately from the other points above, tell your bank you are living on benefits and ask that it considers your complaint now.
Your bank should help
Importantly, banks are supposed to conduct a filtering process to ensure cases of genuine hardship are heard during the waiver period. Though it’s also important to argue your case and explain that you’re in financial hardship and that your case should be dealt with now.
If you have a basic bank account this could help your case, as these are generally intended for those with financial problems.
Proving you’re in hardship
For most people it shouldn’t be a problem as the bank will ask you to fill in a form and it’ll be obvious if you fit the criteria. Yet as a back-up, once you have tried the suggestions in this guide, the non-profit debt counseling service the CCCS (Consumer Credit Counselling Service) can look at your circumstances and make an independent decision whether it thinks you meet the financial difficulties criteria.
If you do, it will provide a letter for you to forward to your bank. While this isn’t guaranteed to change your bank’s mind, it may help.
To get it to look at your case, call 0800 138 1111 (Mon-Fri 8am-8pm) and say you are hoping to reclaim your bank charges under the financial hardship criteria. An adviser will book you an appointment with a trained counsellor who will help you complete a full financial statement and discuss whether you meet the hardship criteria.
Do RBS Hardship cases works?
once before and they sent me out a form to fill in but i admit i did not fill out the forms or return them as it stated that it would take my £500 overdraft
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Re: Do RBS Hardship cases works?
Originally Posted by lozzzy
Are items repeatedly being returned unpaid due to lack of available funds?