Hi Tide Please to see you are back and waiting for your update! Tuttsi xx

That is good news, I am so pleased for you as it will make things a little easier for you to pay bills in 2009 once the cheque has cleared. Although I also do not qualify for legal aid I still ticked the box to say I was interested as you never know it being a group litigation they could include us morsels. All the best for 2009. Tuttsi xx

When you get hold of him you can ask him what that sum represents and then if you are agreeable you can ask him to send you a cheque for this amount. This should be given to you as an interim payment and this should not prediduce you obtaining the balance after the test case - because it should not be in full and final. At the moment the test case is still proceeding with all side battling it out in the higher courts. Have you taken a look at the thread for the GLO (group litigation(, you may want to take part as much as the test case which bank charges claims are being stayed there are other issues outside the test case which they believe could go to court with a barrister. Tom Brennan, Barrister for Atlas chambers is heading this. I did post up before xmas in the Abbey section a links to Tom's thread and poll. It is important as you are suffering hardship this may well be a way forward. Tuttsi xx

Hi Dickie Firstly, have you a thread in the Nationwide section of the banks. If you have it would be better to put your post there as other peeps who have claims againt Nationwide will know what the current situation is. You should follow protocol and first send them the prelim letter which you will find in the template library. When you say you are suffering financial hardship have you checked to ensure that you fit the criterea set down by the FSA. If you do then you will also need to get together the following. 1. Your spreadsheet with all your charges and stautory interest 8% 2. Income and Expenditure statement joint or sinle depending on your status, there should be something suitable in the library. 3. Evidences supporting your hardship - these are examples:- Rent/mortgage arrears, arrears electricty/gas, court papers for either mortgage repossession or mortgages suspension order, any other court orders or any other evidence which will help substatiate your hardship claim. 4. Pre-lim letter together with all above and also include in your own words why you consider that your case should be trated under the FSA waiver rules on hardship. Basically, every bank is treating the waiver conditions differently, Abbey have repaid me 65% along with loads of peeps. My case was already at court stage and got stayed with everyone elses in 2007 so it was good for us at the time that I got accepted as hardship. Since I do not have any dealings with Nationwide I do not know what their critera is. If I were you I would have a good read of threads within the Nationwide section to see what others have done. Then get together all the above and post up on a thread in the Nationwide. If you could then post a link on this thread I will be able to help you further. Tuttsi

IMHO -You should report them to the Inland Revenue -Customs and Excise the rate is NOW with effect from 1/12/08 = 15% they cannot charge 17.5%.

I think the letter with the few amendments should be fine. Good Luck Tuttsi xx

From reading your initial thread, yes your friend would come under the FSA waiver rules on hardship. HSBC, from experience once you have sent in all your hardship evidences, I&E, updated charges spreadie will get one of their debt consultants to contact you. Basically, they will try and get you to take out a loan on a phone call and they won't put this in writing. I do not know of anyone who has had an interim payout from HSBC under hardship. Whilst other banks have been paying out like Abbey generally at 65%. The FSA waiver rules on hardship are only available to Jan09. My suggestion would be is to get the letter and evidences off to them ASAP so that they have it within the timescales of the FSA waiver rules. From the response you can either knock on the CEO door with a complaint and or complain to FOS, but you need to get this sorted ASAP. I was not not happy to speak to their debt consultant. All the best for your friend Tuttsi xx

bump.....

Thank you Sarah. the info you have provided will be very helpfull for other peeps who are in the same position. and Willmurr, I am keeping my fingers crossed that you will soon get to the top of the pile and your claim will be assessed in your favour. Keep us posted. Tuttsi xx

Hiya Mac Sorry that you did not get the result you wanted to day, but all is not yet lost. Did the DJ make any comments about the lateness of the othersides late filing of their paperwork. Tuttsi xx

Well done Sarah, let us know when the money arrives! Did you phone them or did they just write and did they just give you the return of your all charges without interest! Tuttsi xx

How do these banks get away with doing as they please and flaunting the Legal system. Especcially when they know they are up against a lay person they think they can just do as they please. I expect it means that they are also late with getting the papers to the court for the Judge to have looked at it in advance of the hearing. So don't think the Judge will be too impressed. I think they have tried it on with the hope that you will back down before the hearing. Looking forward to hearing that you get the result that you want. All the best Tuttsi xx

No it is not sorted yet, even though it was a damming article in the paper against RBS. I cannot believe that the police have not wanted to get incolved, or the FSA etc etc....Sparkie is still fighting together with Paul and others, so expect we have not heard the end of it yet. xx

Hi Citizen B, I to have been following Sparkies thread elsewhere and what I cannot understand is that the Police and any of the authorities do not seem at all interested in bring RBS to justice. Where is this going to end for them and how many more peeps have suffered at their hands with their underhand methods of creative accounting. Tuttsi xx

Thanks RDM, I was just too lazy to go back and re-read the threads. Although what I am going to say bears no relation to what you said above about a note that you were habitiual overspenders it reminds me of a paralel. My daughter was at private school and was being bullied by teachers and when we wanted to take her out of that school as it was making her very illl, the head said that she was a no hoper. My daughter is now in university studying animal sciences - so what do they know making these flipant remarks. Tuttsi xx

After reading what the RBS did recently in the Sunday Times and from other forums there are quite a few in the same or similar position, I would not be at all surprised what any of the banks do behind closed doors. Because I cannot remember back on this thread, did you ever send HSBC an SAR, because this is where many peeps have found inapropriate dealings on their account. Just a thought!

Good luck for your hearing on the 15th, lets hope you have a judge that understands all your arguments like Bud did! You have a strong POC and have done your homework. All the best Tuttsi xx

Hi JCL I understand what you are saying, and itb is annoying not knowing how they assess each case. I also know peeps who have received 100% of their claim so there is no ryme or reason. You could accept this as an interim payment and then take out a court claim for the whole amount less the interim payment. That way at least your claim will be in the court system and will be paid after the OFT test case. I take it you did the prelim letter and the LBA. It is your choice at the end of the day on how much you need that money, what I do not know if they are negotiatable. Did you phone Ronan Coyle to discuss this! As you suffer with Financial hardship you may find you are exempt from the court fees. Best Wishes Tuttsi xx

Hi JCL, If you accept the sum offered this will not stop you receiving the balance of your claim if it has already been stayed in court as this is an interim payment and under the FSA financial hardship rules they cannot make you accept this in full and final and you should not discontinue your claim with the court. It is totally up to you, but the bank under the FSA Financial Hardship rules only have to consider your claim at this time and that is only until Jan09. Some of the banks are not making any payments until push comes to shove and you have already seen how Alex did not even get an offer. Accepting this sum now will surely help you with your finances over the xmas period and just maybe the OFT test case will finish isometime n the New Year and the rest of you claim should then be met - obviously depending on the outcome. IMHO, I would take the money now. All the best Tuttsi xx

Hi JCL When Abbey dealt with my claim they took 4 weeks in all but that was back in August. I did phone Ronan Coyle a couple of times and no one was more surprised than me when he kept to his word and actually called me back a week later with the offer of fincial help. It will do no harm in phoning him he is a nice chap and he will do what he can for you. All the best Tuttsi xx

Have you heard from HSBC yet!

Orange mobiles sent me a text to say the VAT will be reduced from 1st Dec08.

Hi Mac, Any progress yet!! ..........and hi Sally, long time no see. All the best Tuttsi xx

Hi RDM, I think you did really well and HSBC will have to supply you all the info that you require. This should put you in a better position. All the best Tuttsi xx

Hi Sarah Apart from writing again, have you tried ringing them again, others have done so and this may speed things along. There really is no hard and fast rule and all the banks have their owns systems in place. You could also take this up with the chief exec officer.........they are normally pretty efficient for getting action in cases such as these. Good Luck xx