Help!!!

I think I qualify for getting my bank charges back immediately under hardship, but how do I do this? I found a letter template before but it made no sense to me I wasn't sure if it was the right thing I needed.

I'm on income support while an appeal is dealt with - £51 a week (although they're taking £7 a week off me for a crisis loan I had to get when I lost out on three weeks money due to misinformation).

I'm supposed to pay £11 a week rent and council tax and my gas and electricity is £15 a week plus arrears. I'm left with £20 for food andhouse essentials, not to mention court fines and other debts. Does that count as hardship? I hope I can get my charges back there are nearly £1000 worth.

You need to write to your bank with a letter claiming the charges back. You can add that your wish the bank to consider your claim under Financial Hardship because of...and include one from 2(a) and as many as possible from 2(b).

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

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;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

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)."

Source: FSA Waiver--http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

Include any priority debt arrears(mortgage/rent, council tax, utilities) and there is a spreadsheet in the bank templates section of the site. Include that as well.

Thank you so much! I already have a claim in to get the chargs back but obviously they've put that on hold with the court test-cases and wotnot. I'll draft up a letter straight away.

Edit: Yeah the letter I saw didn't mention any of the circumstances of hardship. This seems much more apt!

keep us updated. Which bank is it?

It's alliance and leicester.

I have stopped all payments going into that account and am opening another... I was £15 overdrawn 13 days ago and now they're taking £65 off me! £5 a day til I clear it!! I get £44 a week haha.

Edit: By the way the letter was received last thursday so still waiting to hear from them atm.

OK UPDATE and more HELP required... I have got my letter stating they need my income and expenditure. But read this part of the letter and see how you take it:

"...If we do not receive this information we will assume you no longer wish to claim financial hardship and will be unable to consider your request for a refund of fees on that basis. We will also be unable to progress your request until the outcome of the test court case is known.

In line with other current account providers... "

then it goes on to tell me about the test case and that the FSA has agreed to suspend the normal timetable for dealing with complaints, how they don't know how long it will take for the test case etc.

SO is this letter telling me I still have to wait even if my claim for financial hardship goes through? Or is it just trying to mislead me? I realise that it can actually be construed both ways.

Anyway I will send this form off monday by recorded delivery and keep you all updated!

No, it's stating that if you do not complete the Income and expenditure form then they do not have to assess you for financial hardship under the waiver and you will have to wait until after the OFT test case has been concluded for the claim to be settled.

That part is still FSA Waiver compliant, its annex 2 part 6.

I thought so, I mean it technically is saying that, but I don't like the way it's set out on the letter. It'll be set out that way on purpose of course to try and put doubts in people's heads about whether to bother furthering the claim for financial hardship.

I thought so, I mean it technically is saying that, but I don't like the way it's set out on the letter. It'll be set out that way on purpose of course to try and put doubts in people's heads about whether to bother furthering the claim for financial hardship.

How would you set out an alternative way of saying it? The bank have to explain hardship and the method they use of assessing it, ie Income and Expenditure forms plus details of the OFT test case. Is there an easier way of doing that or perhaps better wording that could be used?

HELLO again! After 6 weeks I have finally heard from them! It is not the news I was expecting at all. They have only refunded the money they have taken out over the last 6 weeks since I stopped banking with them.

I was overdrawn by five pounds and incurred charges of £305, which is all that they have refunded.

The £1100 isn't really referred to unless you count "We have thoroughly investigated your request and are satisfied that the fess to which you refer have been raised correctly in accordance with out charging policy."

So that's it!? My £1100 in charges from the 3-4 years previously have not been refunded at all, so what is my next step? Advice please!

HELLO again! After 6 weeks I have finally heard from them! It is not the news I was expecting at all. They have only refunded the money they have taken out over the last 6 weeks since I stopped banking with them.

 

I was overdrawn by five pounds and incurred charges of £305, which is all that they have refunded.

 

The £1100 isn't really referred to unless you count "We have thoroughly investigated your request and are satisfied that the fess to which you refer have been raised correctly in accordance with out charging policy."

 

So that's it!? My £1100 in charges from the 3-4 years previously have not been refunded at all, so what is my next step? Advice please!

Ask them for a Financial Hardship Closure letter since that might explain the reasoning behind their decision.

We can work on that once you have received it.

The rest of the charges will be repaid on the conclusion of the OFT test case but you need the FH Closure letter. As I said we might be able to work on them once you have it.

Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

Are any of the arrears being paid off?

Do I just ask for that in writing? I will get on that immediately.

The arrears I am (supposed to be) paying off are basically all loan debts, although I do have agreed court fines to pay £15 a month, and regular letters threatening bailiffs and court action. I am living with a parent at the minute who is in arrears for council tax and rent, some of which I am apparently liable for, so would that count?

I was under the impression that applying for my case to be classed as a financial hardship case would mean that I was asking for the OFT test case to be ignored because I have debts and am out of work etc. But all they've done is dropped the charges from the last few weeks since I first got in touch about financial hardship? Disappointing!

Thanks for your help, much appreciated.

Do I just ask for that in writing? I will get on that immediately.

 

The arrears I am (supposed to be) paying off are basically all loan debts, although I do have agreed court fines to pay £15 a month, and regular letters threatening bailiffs and court action. I am living with a parent at the minute who is in arrears for council tax and rent, some of which I am apparently liable for, so would that count?

Make the bank aware of the fact that you are liable if you are for arrears where you live with evidence.

I was under the impression that applying for my case to be classed as a financial hardship case would mean that I was asking for the OFT test case to be ignored because I have debts and am out of work etc. But all they've done is dropped the charges from the last few weeks since I first got in touch about financial hardship? Disappointing!

Unfortunately there appears to be a few myths about financial hardship claims, 1) that it means if you are in financial hardship that it is 100% of the charges paid out

or 2) that the bank have to offer you a payout even if your are in financial hardship. Both are untrue

Thanks for your help, much appreciated.

Perhaps the additional information on the priority debt arrears with evidence might help increase the amount.