***won***total Charges Repaid Under Hardship Rules!

**hme.4x4** · 24th June 2009 21:03

Well I got the biggest shock of my life today.

After a mammoth battle with Abbey icon

, they have finally repaid the total amount of my claim under the hardship rules.

Only last week they sent me a standard letter saying the remainder of my claim was stayed until the test case was settled and threatened more charges if I didn't clear the overdraft icon

they caused with charges!

Couldn't believe it when I checked today, overdraft cleared and all charges refunded.

Thank you Caggers!!!

**Bookworm** · 24th June 2009 21:24

**hme.4x4** · 24th June 2009 21:29

Thank you Bookworm, from the bottom of my heart I wouldn't have got through this without the great support from everyone here!

**steven4064** · 24th June 2009 21:42

Well done

**citizenB** · 24th June 2009 22:11

Good news

**noomill060** · 24th June 2009 22:48

Fabulous news!

**freethemice** · 19th July 2009 09:00

Fabulous news but please share your wisdom. Just how did you pursuade them to pay up when most people here are getting stayed if we even get an answer.
I got offered £28 for Full and final icon

settlement of £1900 worth of bank charges and that was with the hardship rules.

**discod** · 19th July 2009 14:23

Can somebody please direct me to these hardship rules.Myself and my hubby have both been made unemployed,have three children and due to direct debits have received bank charges and still have 2000 in overdraft icon

debt with them.We have now cancelled the DD's but any help would be great thanks x

**yourbank** · 19th July 2009 14:29

Originally Posted by discod

Can somebody please direct me to these hardship rules.Myself and my hubby have both been made unemployed,have three children and due to direct debits have received bank charges and still have 2000 in overdraft icon

debt with them.We have now cancelled the DD's but any help would be great thanks x

http://www.fsa.gov.uk/pages/Doing/Re...sp_monthly.pdf

The above is the fsa waiver icon

on Bank Charges. You can claim charges under hardship going back to 27th July 2001.

**discod** · 19th July 2009 14:37

Originally Posted by yourbank

http://www.fsa.gov.uk/pages/Doing/Re...sp_monthly.pdf

The above is the fsa waiver icon

on Bank Charges. You can claim charges under hardship going back to 27th July 2001.

Thanks thing is we won 3000 back in charges from Abbey icon

in 07,we have of course had more since then,although not much as we tried to be really careful, so can we claim those back or can we just ask for the overdraft icon

to be taken away due to hardship??

**yourbank** · 19th July 2009 14:54

Originally Posted by discod

Thanks thing is we won 3000 back in charges from Abbey icon

in 07,we have of course had more since then,although not much as we tried to be really careful, so can we claim those back or can we just ask for the overdraft icon

to be taken away due to hardship??

Financial hardship is usually seen as being priority debt arrears(mortgage icon

/rent, council tax, utilities) with no arrangements in place to pay off the arrears albeit it is interpreted differently by each bank. Any amount refunded would go into the account where the charges have come from which is reasonable to do but they should not for example, refund into an account with an overdraft and then straight away reduce the overdraft(cos the fos icon

would fry them over a barbecue if they did

)

**discod** · 19th July 2009 15:00

Originally Posted by yourbank

Financial hardship is usually seen as being priority debt arrears(mortgage icon

/rent, council tax, utilities) with no arrangements in place to pay off the arrears albeit it is interpreted differently by each bank. Any amount refunded would go into the account where the charges have come from which is reasonable to do but they should not for example, refund into an account with an overdraft icon

and then straight away reduce the overdraft(cos the fos icon

would fry them over a barbecue if they did

)

Sorry im a tad dumb at times,so can i claim back any charges we have received since 07?? And tbh if Abbey icon

did refund and pay off some of our overdraft with it i wouldnt mind as it would obviously bring it down.Or can i be cheeky and ask them to wipe away our overdraft as we are not able to pay anything into it as we ARE finding it hard paying rent,keeping kids in clothes etc

AND thinking back the charges we did get back in 07 did go into our account and did pay off the overdraft so was that wrong of Abbey??

**yourbank** · 19th July 2009 15:12

Originally Posted by discod

Sorry im a tad dumb at times,so can i claim back any charges we have received since 07?? And tbh if Abbey icon

did refund and pay off some of our overdraft icon

with it i wouldnt mind as it would obviously bring it down.Or can i be cheeky and ask them to wipe away our overdraft as we are not able to pay anything into it as we ARE finding it hard paying rent,keeping kids in clothes etc

AND thinking back the charges we did get back in 07 did go into our account and did pay off the overdraft so was that wrong of Abbey??

They are supposed to refund to the account directly. Ok, charges since 2007 and see what they say, they may or may not send out an income and expenditure form.
Appoximately how much are the charges?

**discod** · 19th July 2009 15:26

Im not to sure no more than 700 id say,id have to send off the tenner and ask for the statements like i did before?? Start all over as it were

**yourbank** · 19th July 2009 15:35

Originally Posted by discod

Im not to sure no more than 700 id say,id have to send off the tenner and ask for the statements like i did before?? Start all over as it were

Does internet banking not go that far back?
Do you keep the statements since the first claim was successful?

**discod** · 19th July 2009 15:44

Yes I have some but not sure if i have them all and nah internet banking only shows the last few months even weeks

**yourbank** · 19th July 2009 15:54

Originally Posted by discod

Yes I have some but not sure if i have them all and nah internet banking only shows the last few months even weeks

I think that may cost you a tenner then.

**discod** · 19th July 2009 16:27

hehe ok well dont mind a tenner,well just

**hme.4x4** · 19th July 2009 22:58

I claimed under the Hardship Rules using the waiver icon

.
In my case they didn't send an income and expenditure form. They called me (even though I had requested no phone calls icon

)
However, it wasn't too bad. I gave details of my income and expenditure which of course they already knew because I had banked with them for years. They also knew that I had been in a dmp icon

for years and I am on long term Incapacity Benefit.
The chap was really quite nice and said I would hear from them very soon. (I didn't believe him at the time) but, true to his word they refunded 60% into my account within 2 weeks.
This still left an overdraft icon

which comprised totally of charges.
They then started to get very heavy, threatened that they would cancel my overdraft facility and continue to apply charges to the charges!! At the same time they started trashing my CRF marking 'late payments' (I had already stopped using the account) The late payments got to 6 months and I was really worried they were going to Default me for their charges.
I sent the following letter;

With reference to my present claim for refund of charges.

May I remind you that I am a disabled lady with only limited income and Incapacity Benefit. The charges which were placed on my account placed me in an extremely difficult situation whereby I was unable to pay my normal living expenses, eg Rent Council Tax etc.

Due to the crippling charges which Abbey levied against my account, I was forced to remove my banking elsewhere even though I was very reluctant to do this as I have been an Abbey customer for some years.

I also note that you have refunded approximately 60% of my claim under the Hardship rules for refund of charges levied against my account, I believe the balance of my claim has been stayed until the current test case is settled through the courts.

In view of the fact that my claim has not yet been fully refunded, I consider that my account remains in dispute, and will remain so, until such time as the test case is settled and I have received the balance due to me.

I now find, that on checking my credit reference files that Abbey have recorded 3 missed payments on my account, I am well aware that this is serious and that ultimately there is a possibility that a default will be placed on my credit reference files.

May I respectfully refer to the FSA waiver of which I am sure you are familiar.

As you probably know, there is an exemption to the waiver where financial hardship is involved. The outstanding part of my claim was part of the original claim under the hardship rules. My overdraft is less than the outstanding balance due to me.
As this balance due to me is stayed, then I feel these entries on my Credit Reference Files can only be viewed as a vindictive and punitive action which is being taken against me.
I must therefore respectfully request that the ‘3 months missed payment’ entries are removed from my Credit Reference Files immediately. These entries are detrimental to me and my family and are a source of great personal distress icon

. I am in poor health and this situation is almost certainly contributing to that.
It is not my wish to do so, but, if these entries are not removed as requested, I will be forced to report this to the relevant authorities.

Within another 2 weeks the balance due was in my account and the 'late payment markers' on my CRF gone! as if by magic!!

I don't know if this is of help to anyone, maybe I was just 'lucky'

Good luck with your claims, you will get there eventually!

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