Hello Everyone,

I have been browsing around the site for a few days now and thought it was time I said hello and that you all are doing a really great job.

I have been trying to reclaim my bank charges from RBS as per the financial hardship criteria without success and need your help.

Below is a sort of diary of the events leading up to the present, I am sorry that it is so long but I want to give as much info as possible. I hope I haven't missed anything.

20/06/2007 - I wanted to reclaim my bank charges but was afraid the RBS would close my account so I opened a parachute account with A&L.

23/09/2007 - Finally got the courage to send letter to my local RBS Branch requesting over £4000.00 in bank charges plus interest.

03/10/2007 - Received acknowledgement from RBS Customer Response Services Unit in Edinburgh stating that they believe the charges are fair, transparent and lawful. They also stated that the bank along with other banks has become involved in legal proceedings with the OFT in relation to bank charges and therefore all claims have been suspended pending the outcome of the test case.

09/10/2007 - My Royalities account at my local branch was closed.

11/06/2008 - Received letter giving an update regarding the judgement in the High Court case given on 24 April 2008.

23/07/2008 - Responded to the letter, stating that under the FSA's waiver rules I believe that I fit the financial hardship criteria and would like my case to be dealt with straight away. I also mentioned that hardship cases are exempted from the current reclaiming hold according to the new July 2008 guidelines.

I listed the reasons why I believed I fit the hardship criteria as below:

1. I have been constantly late with my rent and arrears on my utility bills

2. I am in arrears with Credit Card and Loan payments. Now my credit card and loan providers have passed my accounts over to debt collection agencies.

3. I have had a number of Debit Debits returned due to insufficient funds.

4. I have been in full-time education for the past two years and will be continuing full-time education from September 2008.

29/07/2008 - The bank's Customer Response Services Unit in Edinburgh sent me a long letter repeating previous information and a Customer Financial Statement to complete.

An extract from the letter stated:

"Following the receipt of a sign and completed form, we will review your overall financial position. If we determine that your case can be considered as financial hardship we will take it forward in line with our financial hardship policy. This aims to help your avoid further debt and to assist you recover from your hardship. In doing so we will review your existing banking facilities which my invlove:"

The letter went on to list 6 items but they do not pertain to me since my account was closed since 9th October 2007.

Another extract worth mentioning which followed stated:

"Please note that recognition of financial hardship does not necessarily indicate that a refund of charges will be made. Our hardship policy aims to help our customer avoid further debt and to assist them in recovering from hardship."

31/07/2008 - I complied with the bank's request to complete a Customer Financial Statement with and explanation of my circumstances and that was sent out to me in the post.

14/08/2008 - Received a letter from the RBS Collections Centre in Glasgow asking me to contact them by telephone to discuss my situation within 30 days. The letter stated they wanted me to confirm if arrangements were in place for my priority debts are being adhered to and if I haven't adhered to the arrangements they wanted to see documentary evidence of what further action is being taken against me.

18/08/2008 - I called the RBS Collections Centre in Glasgow and explaned that I managed to pay off some of the priority debts such as my rent, eletricity and gas and the lady then said that they normally would try to help by freezing any further charges on my account but since my account is closed there is nothing they can do.

18/08/2008 - I tried to file a claim with Money Claim Online but apparantly RBS is registered in Scotland and therefore I am not able to use this services.

If anyone can direct me from here on with the next step I would be extremely grateful.

Thanks Very Much

Miced

Hiya miced.

Welcome to CAG.

I have moved your thread to the RBS forum as there will be more help there.

We do advise people to file at court with the N! as there is more space on the Poc.

Also here is the hardship letter you can send.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html#post1640904

Hiya miced.

 

Welcome to CAG.

 

I have moved your thread to the RBS forum as there will be more help there.

 

We do advise people to file at court with the N! as there is more space on the Poc.

 

Hello Sea-sidelady,

Thank you for your response.

I think I am going straight to court with RBS, should I also enclose the hardship letter asking the court to exempt me from the current hold on claims?

Any suggestions would be appreciated.

regards,

miced

As long as you have done your prelim and lba letter then you can file at court. Get the hardship letter sent to the bank asap.

As long as you have done your prelim and lba letter then you can file at court. Get the hardship letter sent to the bank asap.

Hello Sea-sidelady,

23/07/2008 - Responded to the letter, stating that under the FSA's waiver rules I believe that I fit the financial hardship criteria and would like my case to be dealt with straight away. I also mentioned that hardship cases are exempted from the current reclaiming hold according to the new July 2008 guidelines.

 

I listed the reasons why I believed I fit the hardship criteria as below:

 

1. I have been constantly late with my rent and arrears on my utility bills

2. I am in arrears with Credit Card and Loan payments. Now my credit card and loan providers have passed my accounts over to debt collection agencies.

3. I have had a number of Debit Debits returned due to insufficient funds.

4. I have been in full-time education for the past two years and will be continuing full-time education from September 2008.

I had sent my hardship letter since 23/07/2008 you can read my original post from that date onwards and you will see what steps I have done until now.

The bottom line is that the bank is saying they can't do anything for me since normally they would just freeze any further charges to my account but account is closed so I have to wait until the outcome of the test case.

21/08/2008 - Just received a letter from RBS Customer Response Services Unit this morning stating that they have undertaken a review of the information I provided and have determined that I do not fall into their criteria which classify 'Financial Hardship'. Therefore, at present their will not be looking to take my case further and review my bank facilities with them.

Now this is obviously some kind of template with repetitive information that they keep sending me because I explained to them in my previous letters that my account has been closed since October 2007.

I believe I will send the LBA today and see what happens.

regards,

miced

Hello Sea-sidelady,

 

I believe I will send the LBA today and see what happens.

 

regards,

 

miced

I have sent my LBA today by recorded delivery.

This is more or less a copy of what I sent to their Customer Services Response Unit in Edinburgh. I had to change a few things since they have responded to my previous letters but refused to consider my case as 'Financial Hardship'.

Your Ref: XXXXXXXX

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

Account Number: XXXXXXXX Sort Code: XX-XX-XX

 

You have failed to refund my charges even though I have provided the relevant information in the ‘Customer Financial Statement’ showing that you should classify my case as ‘Financial Hardship’.

 

Please find attached detailed copies of documents where I am being threatened with legal action, as evidence in support of my claim/request. I therefore expect be treated sympathetically and speedily in view of hardship.

 

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

 

I enclose a further copy of my preliminary letter and a further copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days I shall issue proceedings in the County Court and without any further notice to you.

 

Yours faithfully,

I will wait and see how this goes but in the meantime I will prepare my claim form ready to file in court.

regards,

miced

That letter is good.

It is extremely hard to prove financial hardship, even if you are on full benefits. There have not been many successful cases. But it is ALWAYS worth a try.

Have a good read of the court forms, threre are some excellent guides on here. If you need help, just shout.

Let us know if you get a response from your lba letter.

That letter is good.

 

It is extremely hard to prove financial hardship, even if you are on full benefits. There have not been many successful cases. But it is ALWAYS worth a try.

 

Have a good read of the court forms, threre are some excellent guides on here. If you need help, just shout.

 

Let us know if you get a response from your lba letter.

Hiya Mice,

I have briefly read your thread and it appears you could be a hardship claimant. I have just had my hardship claim agreed with Abbey 65% of my total claim = £4.3K and the money will be in the account by tomorrow, it took just under 4 weeks.

Did you by any chance send with your letter an income and expenditure showing that you cannot meet your essential household needs.

Why have they refused to look at financial hardship... all the banks are now looking at genuine hardship under the revised FSA waiver rules. If they break the rules and refuse they will have to answer to the FSA and they may revoke the waiver.

It is my honest opinion and suggestion if you have not already supplied them with the I&E you do so immediately together with as much evidences as you can muster including any services which you are currently in arrears, mortgage etc, any court documents if this exist, a brief outline of why you find yourself as a hardship catagory in a letter requesting that they consider your claim under the FSA waiver rules.

I wish all the best

Tuttsi xx

Hiya Mice,

 

Did you by any chance send with your letter an income and expenditure showing that you cannot meet your essential household needs.

RBS had send me a customer financial statement to complete which I returned to them back in July.

 

Why have they refused to look at financial hardship... all the banks are now looking at genuine hardship under the revised FSA waiver rules. If they break the rules and refuse they will have to answer to the FSA and they may revoke the waiver.

On 21/08/2008 received a letter from RBS Customer Response Services Unit this morning stating that they have undertaken a review of the information I provided and have determined that I do not fall into their criteria which classify 'Financial Hardship'. Therefore, at present their will not be looking to take my case further and review my bank facilities with them.

Now this is obviously some kind of template with repetitive information that they keep sending me because I explained to them in my previous letters that my account has been closed since October 2007.

 

It is my honest opinion and suggestion if you have not already supplied them with the I&E you do so immediately together with as much evidences as you can muster including any services which you are currently in arrears, mortgage etc, any court documents if this exist, a brief outline of why you find yourself as a hardship catagory in a letter requesting that they consider your claim under the FSA waiver rules.

I sent my LBA on the 21st Aug with all of the evidence I could possibly muster including copies of letters from creditors threatening me with court action, proof of my arrears with credit card, loans and utility bills. RBS wrote me only yesterday to say once again that my case does not fit their classification of financial hardship under their hardship policy. They stated that I can go to the FSA should I want to appeal.

Obviously, once again it is some template letter because I mentioned time and time again that my account with them was closed back in October 2007 but they are still offering to freeze interest and bank charges on an account that no longer exists.

In other words they are telling me to get stuffed in a nice way!

What is the next step that I should take?

regards,

miced