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crfx250

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Everything posted by crfx250

  1. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. Lloyds Defence and Counterclaim of the Sixth Defendant,.pdf
  2. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. HSBC Defence and Counterclaim of the Fifth Defendant,.pdf
  3. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. HBOS Defence and Counterclaim of the Fourth Defendant.pdf
  4. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. Clydesdale Defence and Counterclaim of the third Defendant.pdf
  5. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. Barclays Defence and Counterclaim of the Second Defendant.pdf
  6. This is the court copy of the defence and not the censored OFT version which is yet to be published Appologies for posting each banks' defence on a seperate thread but the file sze limit prevents me posting them together. Abbey Defence and Counterclaim of the First Defendant.pdf
  7. Bruce I just this second got them. I'll post them shortly. Let me consider what to do about Sion Simon and I'll get back to you. I think it's very important to open up a line of communication with this guy.
  8. Yes I agree with all of that. The e-mail from the BCSB adds more weight to the onus being on the bank to determine whether a claimant is in financial difficulty so cases where the bank hasn't done that will presumably be stronger. I tried to speak to the FSA waiver team manager - Johnathon Bromburg - but havn't managed to get hold of him yet. His assistant, rather carelessly, gave me his direct dial number so I'll try him again tomorrow.
  9. I think we've got a bit of clarity to work on now. There is no definition of financial hardship that banks have to work to as the last paragraph states. ----- Original Message ----- From: hilary putt To: crfx Sent: Monday, October 15, 2007 1:56 PM Subject: Definition of hardship-BCSB ref 9251 Dear crfx I refer to our telephone conversation earlier. I have set out below the text of an email we have prepared to send to people who contact us regarding the definition of financial hardship following on from the complaints handling waiver granted by the FSA to the banks pending the outcome of the test case in the new year. “The BCSB is an independent body that polices the Banking Code and the Business Banking Code. We do not investigate individual complaints against banks, building societies and card companies, because that is the role of the Financial Ombudsman Service (FOS). The BCSB Helpline can only advise on your rights under the Banking Codes, and cannot give legal advice. Your rights under the Code Section 14 of the Code says that your bank should “consider cases of financial difficulty sympathetically and positively. Our first step will be to try to contact you to discuss the matter.” Section 14.4 says that you can instruct an advice agency, such as a Citizens Advice Bureau (CAB) to act on your behalf in repayment negotiations with your bank. The bank is then obliged to correspond and deal with your money adviser there, who will have had experience in handling repayment negotiations and will provide a free service. You should be able to negotiate repayments that you can afford. You may be able to ask the bank to freeze interest and other charges accruing to the account, although this is discretionary. Other agencies which provide a free advice service are: National Debtline: 0808 808 4000 (www.nationaldebtline.co.uk) Consumer Credit Counselling Service: 0800 138 1111 (www.cccs.co.uk) Payplan: 0800 085 4298 (www.payplan.com) A money advisor at one of the above-listed agencies can help you to draw up a Financial Statement that shows how much of your income is needed to pay for essential living expenses, before assessing how much you can afford to repay the bank. Complaining about your bank You may believe that the bank has not complied with its obligation under the Code to be “sympathetic and positive” and to work with you in resolving your financial difficulties, and that this has caused you a financial loss. In this case, one course of action is for you to pursue this as a complaint against the bank. You should make your complaint through the bank’s internal complaints procedure. The bank will give you details of this, on request. This sets out the legal timescale the bank is required to follow in dealing with your complaint. Your complaint should be made in writing, to its designated complaints department. After the bank has looked into your complaint, it will write to tell you of the outcome of its investigation. It will also tell you about your right to bring your complaint to the FOS if you are still not happy. The FOS helps settle disputes between individuals or small businesses and financial organisations. If a settlement cannot be agreed, they decide who is right. The service is free to consumers and its decisions are binding on financial organisations. FOS can make awards of up to £100,000. You can find their contact details on their website at www.financial-ombudsman.org.uk. The FOS takes account of the Banking Code in making its decisions. Complaints about unauthorised overdraft charges: hardship cases An announcement was made recently about a test case on unauthorised overdraft charges. Until that case is heard in court, banks joined in the case have been given dispensation by the FSA just to acknowledge but not to investigate complaints, unless the customer is in very difficult financial circumstances. Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Complaints about banks which have not complied with the financial difficulties provisions of the Code would still be entitled to be referred to, and dealt with by, the FOS under the complaints procedure as explained above. “Financial hardship” is not defined in the Banking Code. Financial institutions should consider complaints on a case by case basis, taking into account the information provided by the customer. Similarly FOS will consider the merits of each individual case. Section 14 of the Code and Guidance cover how firms should treat customers in financial difficulties.” I hope this is helpful to you and the CAG. Regards, Mrs Hilary Putt Helpdesk Manager Banking Code Standard Board CONFIDENTIALITY NOTICE We would ask you to treat any communication from us as confidentially as you would want us to treat communication from you. If you are not the intended recipient, please notify the sender immediately, and do not use, disclose, print or forward this email or any part of it. You should know that some of our communications may contain confidential information which it could be an offence for you to disclose or use without authority. Banking Code Standards Board Limited, Level 12, City Tower, 40 Basinghall Street , London, EC2V 5DE The Banking Code Standards Board Limited, Company Limited by Guarantee, Registered in England & Wales, No. 3861859. Registered Office: 21 Holborn Viaduct, London EC1A 1DY www.bankingcode.org.uk
  10. Here's an artical I just found which dosn't inspire one with confidence when it comes to the FOS and hardship. Firstly, consumers have a limited six month window to appeal final decisions from banks to FOS. By not logging receipt of such appeals, consumers may be deprived of their right of appeal. Secondly, whilst FOS gives very general guidance regarding hardship, it will not be drawn on giving concrete examples. In a recent case where the consumer was facing bankruptcy, FOS refused to expedite the case. Bankruptcy ensued shortly after. If this is not a case of financial hardship, what is?
  11. Iv'e just spoke to the Banking Code Standards Board who have told me that they don't have a definition for financial hardship. I definitely remember reading somewhere in the press shortly after the waiver was anounced that Which? asked the FSA to define 'financial hardship' for the purposes of the waiver and they were told to refer to ''the definition in the Banking Code''. When I put this to the Banking Code Standards Board they said ''well that was a bit naughty really''. She told me that banks have their own guidlines on financial hardship but not a definition as such.
  12. The Office of Fair Trading: Statement: update on OFT test case http://www.oft.gov.uk/shared_oft/business_leaflets/general/Particulars-of-Claim2.pdf
  13. The Office of Fair Trading: Statement: update on OFT test case http://www.oft.gov.uk/shared_oft/business_leaflets/general/Particulars-of-Claim2.pdf
  14. Hi DS, when is the telephone conference scheduled for?
  15. Caro, I'm not asking for an apology for your time spent in the Bear Garden. However, if I pm several mods asking for help and consideration of the issue and I don't even an acknowledgement I think an aplolgy would be appropriate. Of course I realise you are all unpaid volunteers but that is no excuse for not acknowledging messages. And nor is ''logistics''. Jansus also volunteers her efforts free of charge but somehow manages to answer her pms
  16. The reason I posted the thread in the Bear Garden was because that's where all mods were and low and behold I was right. I agree that not all threads don't need the attention of mods but I would have thought that threads that include the words ''any ideas from mods?'' in the title might have given at least a clue even to non experts
  17. I have tried before to find the BCSB's definition of hardship before on their site but couldn't find it. I'll have another go. As far as I'm aware, the FSA have only quoted the Banking Code's definition of hardship so it might be difficult to use another. Also the point in your earlier post about the FSA realising the Data Protection Act would prevent us from including personal details is a good one. There would be nothing to prevent them from requesting the details directly from the people concerned.
  18. Thanks for your response Caro and I'm very pleased this issue is finally getting the attention it deserves. Jansus has put a lot of hard work into this and we have been trying to attract the attention of site moderaters to this issue for at least 10 days - which, by any standards imaginable, could only have led us to the conclusion it was indeed being ignored - and only had a response yesterday, no doubt doubt due to ''logistics''. I certainly appreciate just how time consuming and complicted it must be to reply to someones thread.
  19. In view of the sucess in the Alliance and leicester forum with the assistance of the FOS - I was wondering that as the courts seem in most cases to have their hands tied in respect of stays would it be worth drafting a letter so that even those with court cases pending could attempt the "two pronged attack" Attached is a draft suggestion to which the claimants could obviously attach their own details of their situation. I understand from the court case this week that the judges are saying the hardship must be caused by the bank charges and it is not just a case of those who feel that they are in a genuine hardship case that will succeed - although this does not seem to be bourne out entirely by the advice that the case on A&L thread received or the banking code. As the FSA have asked for specific evidence of cases where the banks are not conforming to the basis of the agreement for the waiver I was wondering if people were willing to copy their letters to the banks and the FOS and the FSA copies could be sent to Jansus or crfx250 and passed on to the FSA? Just for comments Please To XXXXbank From XXXXX Reference account number XXXXXXX Dear sir / madam I refer to previous correspondence on the above account and wish to draw to your attention a condition of the waiver of claims regarding Overdraft charges . This is an extract from: FSA waiver statement 27/7/2007 & Memo to Treasury select committee 9/10/2007 “Consumers can still complain about new charges incurred. Consumers who have received a final response from the bank/building society which does not include an offer Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case. Consumers who are in very difficult financial circumstances - 'hardship cases' Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS. Consumers who want to complain to the bank/building society about other issues Consumers can continue to use the existing complaints process to seek redress about other financial matters, such as insurance, mortgages and current accounts. However, if their complaint relates to the level, fairness or unlawfulness of unauthorised overdraft charges, that element of the complaint will be registered but not dealt with.” Also as I am sure you are aware the banking code requirement for banks to deal with persons in financial difficulty sympathetically and positively has not been affected by the waiver. I feel there is nothing to be gained at this point from questioning the level of charges applied; my position is merely that the agreement reached between the banks, FSA, FOS and OFT prior to the OFT v banks case being submitted to the High Court at the end of July clearly states that responsibility for determining and resolving a ‘hardship case’ lies with the bank, that the waiver granted to banks, allowing complaints re charges to be held pending the outcome of the High Court case does not apply to ‘hardship’ cases, and banks should therefore seek to identify and resolve such cases; further that where agreement cannot be reached between a customer and a bank the bank must issue a final response letter as a precursor to the FOS seeking to resolve matters. My further position is that I firmly believe it will be possible for you to address my concerns such that I deem the matter settled negating any need for involvement of the FOS or closer to home the continued involvement of the Chief Executives office. I am therefore (again) identifying myself to you to one of the cases where the excessive charges have been a cause or have worsened my present position . I (again)attach a summary of my present position for your consideration. As my case has now been in progress for XXXX weeks I would appreciate an early response. I am sending a full copy of this letter to the FSA and The FOS .If you are unwilling to consider my request then you are under obligation to provide me with a written response indicating that you do not consider my case to be one of financial hardship and the reasons why. I will then consider my next course of action in consultation with the FOS/FSA I would point out there has been considerable correspondence and phone calls concerning this matter before – and I regret having to bring this to your attention again ( attach any written copies) The fact that I have commenced legal action is not a factor as the ability of the banks to request stays was made with proviso that banks would continue to consider hardship cases. The basis of the financial hardship I am experiencing is: - (attach Personal sheet see example) As indicated, I do not, with respect, wish to revisit the question of the fairness of the charges, or of whether some element of each charge was fair. I fully believe that my difficulties meet any definition or criteria of hardship. Many thanks for agreeing to examine matters. I look forward to your reply. Kind regards, EXAMPLE ONLY USE YOUR OWN SHEET AND STATE HOW THE CHARGES HAVE CAUSED OR WORSENED YOUR SITUATION First of all outlined ill health that led to drop in income and eventually position where only income was state benefits · Secondly that my ill health is likely to continue for a time (add to both of these points as per your predicament) Further points: - · the illness was accompanied by financial difficulties – initially I lost track of my financial affairs and failing to transfer funds between accounts to cover expenses or direct debits began to incur charges · thereafter, my sick pay ran out and charges began to occur as I did not have the funds to cover my outgoings or increased living costs caused by my illness leading to the worsening of my financial position · I now rely upon Disability Living Allowance (Higher rate mobility, middle rate care) and Incapacity Benefit resulting in my inability to meet many of my current financial commitments and I find myself unable to make a number of loan or credit card repayments, pay telephone bills (a vital link when you are incapacitated), or sustain many of the commitments we all have (car tax and insurance, home insurance , etc) · matters were made worse by charges continuing to be applied, and most recently, charges taking an account overdrawn, which in itself resulted in further charges · presently my state of health is not that good, - outline In total £****** in charges have been deducted from the specified accounts, £**** from (account numbered) xxx Clearly the deduction of such a large overall sum of money has done nothing other that worsen the financial difficulties and hardship experienced. Were my legal action against bank xxx L (to recover the charges levied) have proceeded to Court I would have been entitled to claim statutory interest at the rate of 8% and Court fees of £120 This information and a full list of the charges applied to each account can be found in the attached spreadsheets You will note that the overwhelming majority of the charges were applied before the deterioration of my health and financial circumstances. I am willing to forego the amount I sought to claim for statutory interest and Court charges – in total £**** I therefore look to you agreeing to repay in full all of the charges levied and deducted from the specified accounts, namely, the sum of £******* (by the way I take no credit for the above - modified from the claimant who won by this method) Jan Attached FilesHARDSHIP DRAFT.doc (30.0 KB, 0 views)
  20. In view of the sucess in the Alliance and leicester forum with the assistance of the FOS - I was wondering that as the courts seem in most cases to have their hands tied in respect of stays would it be worth drafting a letter so that even those with court cases pending could attempt the "two pronged attack" Attached is a draft suggestion to which the claimants could obviously attach their own details of their situation. I understand from the court case this week that the judges are saying the hardship must be caused by the bank charges and it is not just a case of those who feel that they are in a genuine hardship case that will succeed - although this does not seem to be bourne out entirely by the advice that the case on A&L thread received or the banking code. As the FSA have asked for specific evidence of cases where the banks are not conforming to the basis of the agreement for the waiver I was wondering if people were willing to copy their letters to the banks and the FOS and the FSA copies could be sent to Jansus or crfx250 and passed on to the FSA? Just for comments Please To XXXXbank From XXXXX Reference account number XXXXXXX Dear sir / madam I refer to previous correspondence on the above account and wish to draw to your attention a condition of the waiver of claims regarding Overdraft charges . This is an extract from: FSA waiver statement 27/7/2007 & Memo to Treasury select committee 9/10/2007 “Consumers can still complain about new charges incurred. Consumers who have received a final response from the bank/building society which does not include an offer Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case. Consumers who are in very difficult financial circumstances - 'hardship cases' Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS. Consumers who want to complain to the bank/building society about other issues Consumers can continue to use the existing complaints process to seek redress about other financial matters, such as insurance, mortgages and current accounts. However, if their complaint relates to the level, fairness or unlawfulness of unauthorised overdraft charges, that element of the complaint will be registered but not dealt with.” Also as I am sure you are aware the banking code requirement for banks to deal with persons in financial difficulty sympathetically and positively has not been affected by the waiver. I feel there is nothing to be gained at this point from questioning the level of charges applied; my position is merely that the agreement reached between the banks, FSA, FOS and OFT prior to the OFT v banks case being submitted to the High Court at the end of July clearly states that responsibility for determining and resolving a ‘hardship case’ lies with the bank, that the waiver granted to banks, allowing complaints re charges to be held pending the outcome of the High Court case does not apply to ‘hardship’ cases, and banks should therefore seek to identify and resolve such cases; further that where agreement cannot be reached between a customer and a bank the bank must issue a final response letter as a precursor to the FOS seeking to resolve matters. My further position is that I firmly believe it will be possible for you to address my concerns such that I deem the matter settled negating any need for involvement of the FOS or closer to home the continued involvement of the Chief Executives office. I am therefore (again) identifying myself to you to one of the cases where the excessive charges have been a cause or have worsened my present position . I (again)attach a summary of my present position for your consideration. As my case has now been in progress for XXXX weeks I would appreciate an early response. I am sending a full copy of this letter to the FSA and The FOS .If you are unwilling to consider my request then you are under obligation to provide me with a written response indicating that you do not consider my case to be one of financial hardship and the reasons why. I will then consider my next course of action in consultation with the FOS/FSA I would point out there has been considerable correspondence and phone calls concerning this matter before – and I regret having to bring this to your attention again ( attach any written copies) The fact that I have commenced legal action is not a factor as the ability of the banks to request stays was made with proviso that banks would continue to consider hardship cases. The basis of the financial hardship I am experiencing is: - (attach Personal sheet see example) As indicated, I do not, with respect, wish to revisit the question of the fairness of the charges, or of whether some element of each charge was fair. I fully believe that my difficulties meet any definition or criteria of hardship. Many thanks for agreeing to examine matters. I look forward to your reply. Kind regards, EXAMPLE ONLY USE YOUR OWN SHEET AND STATE HOW THE CHARGES HAVE CAUSED OR WORSENED YOUR SITUATION First of all outlined ill health that led to drop in income and eventually position where only income was state benefits · Secondly that my ill health is likely to continue for a time (add to both of these points as per your predicament) Further points: - · the illness was accompanied by financial difficulties – initially I lost track of my financial affairs and failing to transfer funds between accounts to cover expenses or direct debits began to incur charges · thereafter, my sick pay ran out and charges began to occur as I did not have the funds to cover my outgoings or increased living costs caused by my illness leading to the worsening of my financial position · I now rely upon Disability Living Allowance (Higher rate mobility, middle rate care) and Incapacity Benefit resulting in my inability to meet many of my current financial commitments and I find myself unable to make a number of loan or credit card repayments, pay telephone bills (a vital link when you are incapacitated), or sustain many of the commitments we all have (car tax and insurance, home insurance , etc) · matters were made worse by charges continuing to be applied, and most recently, charges taking an account overdrawn, which in itself resulted in further charges · presently my state of health is not that good, - outline In total £****** in charges have been deducted from the specified accounts, £**** from (account numbered) xxx Clearly the deduction of such a large overall sum of money has done nothing other that worsen the financial difficulties and hardship experienced. Were my legal action against bank xxx L (to recover the charges levied) have proceeded to Court I would have been entitled to claim statutory interest at the rate of 8% and Court fees of £120 This information and a full list of the charges applied to each account can be found in the attached spreadsheets You will note that the overwhelming majority of the charges were applied before the deterioration of my health and financial circumstances. I am willing to forego the amount I sought to claim for statutory interest and Court charges – in total £**** I therefore look to you agreeing to repay in full all of the charges levied and deducted from the specified accounts, namely, the sum of £******* (by the way I take no credit for the above - modified from the claimant who won by this method) Jan Attached FilesHARDSHIP DRAFT.doc (30.0 KB, 0 views)
  21. Mods not in the bear garden: 1. err 2, That's it
  22. I'm posting this here in the hope it gets more exposure than 'general'. ******************************************************* In view of the sucess in the Alliance and leicester forum with the assistance of the FOS - I was wondering that as the courts seem in most cases to have their hands tied in respect of stays would it be worth drafting a letter so that even those with court cases pending could attempt the "two pronged attack" Attached is a draft suggestion to which the claimants could obviously attach their own details of their situation. I understand from the court case this week that the judges are saying the hardship must be caused by the bank charges and it is not just a case of those who feel that they are in a genuine hardship case that will succeed - although this does not seem to be bourne out entirely by the advice that the case on A&L thread received or the banking code. As the FSA have asked for specific evidence of cases where the banks are not conforming to the basis of the agreement for the waiver I was wondering if people were willing to copy their letters to the banks and the FOS and the FSA copies could be sent to a mod and passed on to the FSA? Just for comments Please To XXXXbank From XXXXX Reference account number XXXXXXX Dear sir / madam I refer to previous correspondence on the above account and wish to draw to your attention a condition of the waiver of claims regarding Overdraft charges . This is an extract from: FSA waiver statement 27/7/2007 & Memo to Treasury select committee 9/10/2007 “Consumers can still complain about new charges incurred. Consumers who have received a final response from the bank/building society which does not include an offer Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case. Consumers who are in very difficult financial circumstances - 'hardship cases' Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS. Consumers who want to complain to the bank/building society about other issues Consumers can continue to use the existing complaints process to seek redress about other financial matters, such as insurance, mortgages and current accounts. However, if their complaint relates to the level, fairness or unlawfulness of unauthorised overdraft charges, that element of the complaint will be registered but not dealt with.” Also as I am sure you are aware the banking code requirement for banks to deal with persons in financial difficulty sympathetically and positively has not been affected by the waiver. I feel there is nothing to be gained at this point from questioning the level of charges applied; my position is merely that the agreement reached between the banks, FSA, FOS and OFT prior to the OFT v banks case being submitted to the High Court at the end of July clearly states that responsibility for determining and resolving a ‘hardship case’ lies with the bank, that the waiver granted to banks, allowing complaints re charges to be held pending the outcome of the High Court case does not apply to ‘hardship’ cases, and banks should therefore seek to identify and resolve such cases; further that where agreement cannot be reached between a customer and a bank the bank must issue a final response letter as a precursor to the FOS seeking to resolve matters. My further position is that I firmly believe it will be possible for you to address my concerns such that I deem the matter settled negating any need for involvement of the FOS or closer to home the continued involvement of the Chief Executives office. I am therefore (again) identifying myself to you to one of the cases where the excessive charges have been a cause or have worsened my present position . I (again)attach a summary of my present position for your consideration. As my case has now been in progress for XXXX weeks I would appreciate an early response. I am sending a full copy of this letter to the FSA and The FOS .If you are unwilling to consider my request then you are under obligation to provide me with a written response indicating that you do not consider my case to be one of financial hardship and the reasons why. I will then consider my next course of action in consultation with the FOS/FSA I would point out there has been considerable correspondence and phone calls concerning this matter before – and I regret having to bring this to your attention again ( attach any written copies) The fact that I have commenced legal action is not a factor as the ability of the banks to request stays was made with proviso that banks would continue to consider hardship cases. The basis of the financial hardship I am experiencing is: - (attach Personal sheet see example) As indicated, I do not, with respect, wish to revisit the question of the fairness of the charges, or of whether some element of each charge was fair. I fully believe that my difficulties meet any definition or criteria of hardship. Many thanks for agreeing to examine matters. I look forward to your reply. Kind regards, EXAMPLE ONLY USE YOUR OWN SHEET AND STATE HOW THE CHARGES HAVE CAUSED OR WORSENED YOUR SITUATION First of all outlined ill health that led to drop in income and eventually position where only income was state benefits · Secondly that my ill health is likely to continue for a time (add to both of these points as per your predicament) Further points: - · the illness was accompanied by financial difficulties – initially I lost track of my financial affairs and failing to transfer funds between accounts to cover expenses or direct debits began to incur charges · thereafter, my sick pay ran out and charges began to occur as I did not have the funds to cover my outgoings or increased living costs caused by my illness leading to the worsening of my financial position · I now rely upon Disability Living Allowance (Higher rate mobility, middle rate care) and Incapacity Benefit resulting in my inability to meet many of my current financial commitments and I find myself unable to make a number of loan or credit card repayments, pay telephone bills (a vital link when you are incapacitated), or sustain many of the commitments we all have (car tax and insurance, home insurance , etc) · matters were made worse by charges continuing to be applied, and most recently, charges taking an account overdrawn, which in itself resulted in further charges · presently my state of health is not that good, - outline In total £****** in charges have been deducted from the specified accounts, £**** from (account numbered) xxx Clearly the deduction of such a large overall sum of money has done nothing other that worsen the financial difficulties and hardship experienced. Were my legal action against bank xxx L (to recover the charges levied) have proceeded to Court I would have been entitled to claim statutory interest at the rate of 8% and Court fees of £120 This information and a full list of the charges applied to each account can be found in the attached spreadsheets You will note that the overwhelming majority of the charges were applied before the deterioration of my health and financial circumstances. I am willing to forego the amount I sought to claim for statutory interest and Court charges – in total £**** I therefore look to you agreeing to repay in full all of the charges levied and deducted from the specified accounts, namely, the sum of £******* (by the way I take no credit for the above - modified from the claimant who won by this method) Jan Attached FilesHARDSHIP DRAFT.doc (30.0 KB, 0 views)
  23. Becuase I assume the post in question is the point in question
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