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    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕
    • Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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Ok, can I please be reassured that Im on the right path re hardship claim?


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Guest flubdub

Hello guys, firstly, this is my first post here :grin:

Ok, so in January, I put a claim in for my bank(NatWest) and my partners (RBS). My claim was for just under £1500. My partners was for £3200.

Of course, the hold had just been put in place, so we were told to wait basically.

Now, Im wanting to go the hardship route.

On Friday, I sent the previous list of charges to the banks again, PLUS a list of the charges since January, when I sent the first letters.

I sent them a copy of our budget that the CCCS (debt helpline) drew up for us, which showed that our income does not cover our outgoings, and we have NO disposable income at all :-o

I also sent a letter, stating that we had a newborn child, a three yr old son, our income does not cover our outgoings, we have mortgage arrears, we have two loans with RBS (£5000 and £7000) which come to £300 a month, so we have had to set up a basic bank account with another bank to stop them taking payments. We have been living off credit cards as we have no disposable income (£2200 with one card, £800 on another) both are max'd out and we cannot make the repayments. We both have £2000 overdrafts which are both over their limits, and we dont have enough for basic bills (bills are constantly being returned).

So, we sent this on Friday to both banks.

What should I expect now? How long do they have to reply? Do they have to? Do we meet the criteria?

Im so angry that were in this state, and there seems no way out.

The bank charges would cover one on the loans, so this seems like a good place to start.

Thanks very much for reading this far!

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Guest flubdub

Hello guys, firstly, this is my first post here

Ok, so in January, I put a claim in for my bank(NatWest) and my partners (RBS). My claim was for just under £1500. My partners was for £3200.

Of course, the hold had just been put in place, so we were told to wait basically.

Now, Im wanting to go the hardship route.

On Friday, I sent the previous list of charges to the banks again, PLUS a list of the charges since January, when I sent the first letters.

I sent them a copy of our budget that the CCCS (debt helpline) drew up for us, which showed that our income does not cover our outgoings, and we have NO disposable income at all

I also sent a letter, stating that we had a newborn child, a three yr old son, our income does not cover our outgoings, we have mortgage arrears, we have two loans with RBS (£5000 and £7000) which come to £300 a month, so we have had to set up a basic bank account with another bank to stop them taking payments. We have been living off credit cards as we have no disposable income (£2200 with one card, £800 on another) both are max'd out and we cannot make the repayments. We both have £2000 overdrafts which are both over their limits, and we dont have enough for basic bills (bills are constantly being returned).

So, we sent this on Friday to both banks.

What should I expect now? How long do they have to reply? Do they have to? Do we meet the criteria?

Im so angry that were in this state, and there seems no way out.

The bank charges would cover one on the loans, so this seems like a good place to start.

Thanks very much for reading this far!

Edited by flubdub
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Hello guys, firstly, this is my first post here :grin:

Ok, so in January, I put a claim in for my bank(NatWest) and my partners (RBS). My claim was for just under £1500. My partners was for £3200.

Of course, the hold had just been put in place, so we were told to wait basically.

Now, Im wanting to go the hardship route.

On Friday, I sent the previous list of charges to the banks again, PLUS a list of the charges since January, when I sent the first letters.

I sent them a copy of our budget that the CCCS (debt helpline) drew up for us, which showed that our income does not cover our outgoings, and we have NO disposable income at all :-o

I also sent a letter, stating that we had a newborn child, a three yr old son, our income does not cover our outgoings, we have mortgage arrears, we have two loans with RBS (£5000 and £7000) which come to £300 a month, so we have had to set up a basic bank account with another bank to stop them taking payments. We have been living off credit cards as we have no disposable income (£2200 with one card, £800 on another) both are max'd out and we cannot make the repayments. We both have £2000 overdrafts which are both over their limits, and we dont have enough for basic bills (bills are constantly being returned).

So, we sent this on Friday to both banks.

What should I expect now? How long do they have to reply? Do they have to? Do we meet the criteria?

Im so angry that were in this state, and there seems no way out.

The bank charges would cover one on the loans, so this seems like a good place to start.

Thanks very much for reading this far!

 

Hiya Flubdub

 

I have just had my hardship claim with Abbey agreed. It took just under 4 weeks and Abbey have agreed 65% = £4.3K and this will not prejudice my claim for the future.

 

The same as you our joint budget sheet showed in minus our outgoings being more than was coming in. We also had a suspended possession order and showed evidences for this. Abbey agreed we were a hardship case and the money should be in the bank by tomorrow. I was gobsmacked when they called me.

 

Hang in there, I am sure that all banks are looking at at hardship cases fairly. Had you previously had your claim stayed!

 

I look forward to you hearing very soon.

 

Tuttsi xx

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Hi Tuttsi, thanks for the reply!

What do you mean 'stayed'? Put on hold? Yes :(

Im glad you got some money, thats very reassuring. In the future, are you able to claim for some of the money they havnt given you? ie, the other 35%?

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Hi Flubdub

 

My court case against Abbey was stayed by the courts when the OFT test case started and has remained stayed until after the conclusion of the test case.

 

The remainer of the 35% of my claim will be paid hopfully at the conclusion of the OFT test case as Abbey have said that this has not prejudiced my claim. So technichally I have had money on account.

 

tuttsi xx

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Did you give them a time in which to respond to you say - 14 days ?. Perhaps a call to the Financial Ombudsman's office would provide more information regarding hardship claims. I understand that courts and banks are supposed to be looking sympathetically at these.

 

I will see if I can find any links for you on the forum. :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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flubdub, you have two threads on the same subject. I have asked a mod/site helper to merge them for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, just popping a couple of links here for you to look at. However, if you type "hardship" into the search bar at the top of the forum, it will bring up loads of posts/threads you can read through :)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html?highlight=hardship

 

 

http://www.consumeractiongroup.co.uk/forum/general/150423-fos-abbey-hardship-claim.html#post1593044

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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CitizenB - thats great, thank you very much.

I did state on the letter that they have 14 days, and if they wont help, I am going to write to the Ombudsman. Is this the right thing to do?

Am going to take a look at those links now.

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CitizenB - thats great, thank you very much.

I did state on the letter that they have 14 days, and if they wont help, I am going to write to the Ombudsman. Is this the right thing to do?

Am going to take a look at those links now.

 

 

Yep, that is what I would do if they havent responded within the time you have given. I am sure some of the other threads or perhaps on one of the links provided you will get some good advice as to how next to proceed with the Financial Ombudsman. :D

 

Thanks for the click :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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