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  1. Following on from this thread I was wondering if some kind soul would have a look at the letter I have prepared and tell me what they think. I have lifted parts from other letters here and adapted it to suit my circumstances but I'm not very happy with my bit- I think it sounds a bit amatuer . I would welcome any changes anyone thinks I should make. Thanks in anticipation Request for refund of charges on basis of hardship Further to my initial and recent telephone calls, I am writing to ask you to consider my claim for a refund of bank charges on the basis of financial hardship. The financial hardship I am experiencing is: - I am currently self-employed & my business is suffering serious financial hardship. Unfortunately my business relies on confident public spending and as such has suffered a drop in sales as the ‘credit crunch’ tightens its grip 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. As you can see form my account, my salary payments have become somewhat sporadic with my business being unable to sustain payments. As a result of this I am unable to keep up with my monthly financial commitments such as bills & loan repayments. Both my husband & I are both employed by my business and therefore he cannot afford to come to my assistance as he is also only being paid sporadically. In total £1088.00 in charges have been deducted from the specified account since 05/10/2007. Clearly the deduction of such a large overall sum of money has done nothing other that worsen the financial difficulties and hardship experienced. 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 . · were my legal action against A and L (to recover the charges levied) proceeded to Court I would have been entitled to claim statutory interest at the rate of 8% and Court fees of £120 · respectively£87.04 in interest plus fees of £120. This information and a full list of the charges applied to each account can be found in the attached spreadsheets 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 £1088.00 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. I undestand you can consider my case or you MUST provide me with a final written response which I could take to the FOS.
  2. I have sent a letter to LLoyds TSB on my Husband's behalf asking for the return of his PPI on the grounds he is & was self employed & therefore not eligible to claim on ith policy. Lloyds have evetually written back rejecting his claim stating - You have stated you were a self employed customer at the start date of the policy. A self employed customer is eligible for the policy and dependant on his circumstances at point of claim would be covered for all of the benefits under the policy. This includes the unemployment benefit,accident & sickness benefit,critical illness cover & life cover together with positive job solutions. The definition of employed under Lloyds TSB policies includes a person who is self employed We have now reviewed the recording of your sales call. We can confirm that the seller provided all the relevant information thet we require them to do so. Following the sales call you were sent the consumer credit act agreement relating to your loan & copies of the ppi policy summary & policy dcoument. The policy document set out details of the cover & it's limitations & exclusions. In the absence of further information I am afriad I have no other alternative than to reject your claim. Is this a standard go away and stop annoying me response or is this really game set & match to Lloyds TSB. My husband can't remeber arranging the loan over the phone as he always conducts his bank business in person in the branch. Were do we go from here, any help would be greatly appreciated. Thanks
  3. Morning All, I have just been poing through all my paperwork etc for my claim & I have noticed that A&l have taken huge amounts in charges since my case got stayed. Can I start a separate claim for these or will it be automatically tagged on to my existing claim. Is there any point in me making this claim until the outcome of the court case is announced? Thanks
  4. Thanks for the advice crugga, I have pm'd you & will keep you posted with my progress!! Congrats on your win
  5. Hi, I am self employed & I have one payment left to make on a loan I took out in 2005. I asked A & L to send me a loan staatement as I Have never received on throughout the life of the loan & I see I have paid £737.35 ppi & £67.61 interest on insurance. I fully intend to claim this back, Do I still need to do a sar as I have now got a loan account statement, are there other things I need in order to proceed with my claim & how do I work out the interest- Do I just add 8% to the total ppi & interest? Your help is as always very much appreciated Thanks
  6. I don't want to be all negative or doom & gloom but presumably if we ( or the oft ) wins the test case the banks have a right of appeal so will we then not have to wait another 12 months+ for the outcome of that before we can start getting paid out again? I really hope i'm about to be shot down in flames & told how wrong I am!! I can find information that tells me there will be an appeal from either side and information that tells me there won't:? Anyone know?
  7. Brilliant, thank you so much. Will get the letter off today & make the phonecalls. Thank you xx
  8. HI guys, congrats on a fab result. Did you use a template letter as your first request due to hardship if so where did you find it & if not where did you start. I am teertering really close to the edge & in real danger of falling off, I could get the 3k A&L owe me that would go a long way to sorting myself out. thanks
  9. Hi! I'm having a senior moment ( at 35 - it doesn't bode well does it!!) and have a few questions. The information I need is probably on the site somewhere but just can't seem to see the wood for the trees as there is sooo much info on here & I think my brain is about to go into meltdown!! 1) Does the oft test case apply to mortgage claims & business accounts? 2) I have three business account claims, the day the oft announced the test case I posted my LBA'S off - should I still proceed with them although not using mcol or am I best to wait & see? 3) Is the test case likley to be concluded this year- I know that no one can say exactly but what is the general concensus? 4) How come the banks have been given permisssion not to investigate any claims or settle any claims while the case is on going but can still impose charges for the duration of the case - they seem to be in a win win situation I'm sorry if i'm covering old ground, I am getting more & more befuddled as I search for answers!! Thanks
  10. thanks for that, in light of todays news i'm not sure where that leaves me but I will continue as if it is still current until i hear otherwise.
  11. In addition to the above, I have had a look at the rejection templates & none of the apply eactly to me so I have chopped & changed thins so they do apply- Is this ok to send & can I fax it or do I have to post it? Response to settlement offer. Dear Ms Riley Thank you for your letter dated 19/07/2007. I respectfully decline your offer of £572.00 as a full and final settlement. I shall be commencing court action on 26/07/2007 for the full amount claimed. I trust this clarifies my position. Yours faithfully
  12. What a busy week I'm having! I have arrived home today to find an offer from A&L, I am claiming £2316.00 & they have offered me £572.00!! Needless to say I will not be accepting this & am going to file a claim through mcol today. On my schedule of charges my last charge date was 21/05/2007 , since then I have incurred another £150. or so, when I file my claim can I add this on & just send a revised soc or do I have to start again from the beginning and have a whole new claim? Also - aswell as getting an offer from A&L l ( however ridiculous it may have been ) I also checked my Lloyds TSB account & discovered they have refunded me £3228.75 into my account!! I have not even had a letter to say they are doing this yet!! Yippee!!
  13. Blimey Barty, Do you ever sleep!!??!! Have read the link, I will of course donate again & as soon as I've got the offer in writing I will advise the court. I know I have the monay in my account but until I get the written confirmation I won't believe it's actually mine. Just one more claim to go now but that is with A & L. I can't believe how easy this was, two letters & a mcol claim. I had an acknowledgement of my claim & no other correspondance, just the payment. Why do the banks make it so easy for some people ( evidently i'm one of the chosen ones ) & for other people like Pen from another thread they really drag through the wringer & make them suffer, just doesn't make any sense. Thanks for everything Barty- you have been consistent even if Lloyds haven't!! cheers xxx
  14. Hi All, just checked my bank account & last Friday I received a b c refund of £3227.85. So far no letter making an offer. As it's there in my acccount I guess i've won !!yippee!!!! :D
  15. Hi Guys, Thanks for all the advice, I pay this company quartly so I have a bill now which will take me up until 28th Sept which I am due to pay. Although I feel like not paying I think that would put me in the wrong & I don't want my business to get a ccj just when i'm trying to sell it!!! I have the waste collected on a weekly basis , In the past I have reduced this to fortnightly & during particularly quiet times even down to monthly, Yesterday however I thought i'd be clever ( doesn't happen very often!!) I said if I have to keep the skip until November them I will reduce my collection to monthly. The chap I spoke to said he wasn't prepared to reduce my collection despite it being done in the past without a problem. It really frustrates me that they can basically provide a really bad servive & I have no choice but to pay for it, If I treated my customers like this I wouldn't have any customers left!!
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