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.
i have been helping a friend claim back from Abbey. this claim has been ongoing for about three years now!!!
in the last few months, she applied to abbey nder the hardship rues and they have turned her down flat.
their argument is that because in the last year she hasnt incurred any further charges (so good for her for running the account properly after the spend thrift husband went), her hard ship problems havent been brought about by their charges!!!!
also, right from the start, they left out several years copy statements and we have asked for them time and time again, but we STILL havent received them, they seem to be ignoring the request completely.
firstly, can they refuse thehardship claim on teh grounds they say?? i know they are a law unto themselves. and she is in serious hardship;
secondly, just how on earth do we get them to send the missing several years statements?? any charges on the missing statements are obviously not included in the claims made so far. i have pointed that out to abbey on so many occassions i have lost count.
they really are living up to their name of SHABBEY.
Unfortunately if she hasn't incurred any charges during the last year they might well class her as being ineligible for a payment under the hardship waiver.
However, I note that you mention that her husband has left and this might make a difference if she appeals their decision.
Before appealing she should check to see if any of the following criteria applies to her situation.
In making an assessment for hardship the banks should take into account:
evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship Breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education
They should also take into account such things as:
items repeatedly being returned unpaid due to lack of available funds;
failing to make loan repayments or other commitments;
discontinuation of regular credits;
notification of some form of insolvency or court proceedings;
regular requests for increased borrowing or repeated rescheduling of debts;
making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, 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).
The full fsa waiver can be found using the following link.
thanks. i will show it all to my friend and see what we can come up with. her hubby has been gone three years or so, and during that time, it has taken her ALL of that time to get herself back on an even keel. two kids as well.