Buby I am really pleased for you and congratulations. Tuttsi xx

Hi James Have you studied the Financial Hardship Rules from the FSA, basically if your hardships falls within the critera, yes you can claim. The expenses being more than income unfortunately may not be enough to qualify. Give me the link to your thread and I will try and help you further. Tuttsi xx

Well done to you. This means now that the balance of your claim will be settled once the OFT test case is settled if it goes in the OFT favour. The money will I am sure will arrive as Ronan said it would as he is in the legal department. xx

Hi Gazza I am not so stressed now, I have been really busy at work and not had anytime for me, I have been working 24/7. Really sorry that I have not been arround for you. Do you have your own thread! if you do not please can you start one so we can keep all your info separately. The best way forward you should do your letter before action and include the hardship details or if your case has been stayed:- 1.Income and expenditure sheet. 2.Documentary evidences ie court summon's, statement from your mortgage company showing that you are in arrears, council tax, electricty and gas arrears etc.... 3.Include in your letter why you believe you should be considered a hardship case ie in my case my hubby had a couple of emergency operations and we fell into serious arrears leading to a suspended possession order and behind with paying household bills. You have to spell out exactly why you feel that you have good grounds under the present FSA waiver rules on hardship. 4.An up to date spreadie of charges and interest (call it compensatory interest not statutory). Use the reference that they gave you on their last letter and send it to that department by recorded or special delivery so that they have to sign for. In the event that your case was stayed write to Ronan Coyle, his address is:- Ronan Coyle Abbey National House, 2 Triton Square, Regents Park, London NW1 3AN tel..020 775 64398 or 020 77564306.. [email protected] Quote your court claims number. If you need any further help I would be pleased to assist. Tutts xx

Luolou Did you send to them your income and expenses schedule, your revised charges and interest, all evidences of your hardship and a nice letter explaining all your circumstances and the reasons that you fall inder the FSA financial hardship waiver rules. If you have then as Behind.... says, keep phoning. If on the other hand you have not yet you need to get this together as soon as possible. I found that Halifax dealt with mine quite quickly. Halifax have now agreed mine on 100% of the charges only, but as only one of mine fell into the 6 year period, the rest 17 years worth are subject to the limitations act. I am getting some help with this and I am presently preparing my POC now, as they have already agreed to 100% of the charges in my case and they have also confirmed I am suffering financial hardship. Good luck, if you need any further assistance just shout. Tuttsi

Gaz There has been many sucesses with Abbey under the new FSA hardship rules. I will be back in a few days after some work pressures to help you and try and resolve your problem. You also need to explain to me exactly what you have done so far - just telling them that you are hardship is not sufficient. I believe all the claimants so far have recovered between 65% and 100%. I certainly received 65% and my claim took just under 4 weeks as I had provided them with all the evidences. If you read some of the threads where I have already posted you will see that some peeps have received their charges back. I will be back in a few days..........to help, promise. Tuttsi

Hi Christian, I am aware that you need some pointers with your hardship claim and will do so ASAP, presently I am working 24/7 so have not had the time. Will revert to you as soon as possible. Tuttsi xx

Well done you, I am really pleased for you. CONGRATULATIONS Tuttsi

Hi all Long time no speak.... how is everyone. Knelly, I have been trying to contact re your Abbey claim!! if you can be considered for hardship Abbey are paying partial claims I have recently received 65% of my claim and the balance after the test case if it ever comes about being completed. All the best Love Tuttsi xx

I think it would be a great idea.8) Tuttsi xx

Hide, under the FSA waiver rules, this will be an interim payment and the rest of your claim will be met after the test case should the OFT win. You have absolutely nothing to loose by accepting this sum at this stage and I am sure that the money will come in handy to help with your financial hardship. I calculate it is almost 70% and this should help you in your current situation. They dare not make it in full and final as they would be breaking the terms of the waiver. Just to update you, Mr Justice Smith is handing down his judgment on the historical terms of each bank tomorrow afternoon. The banks if they loose will of course appeal.......... Tuttsi xx

Just an update, Justice Smith OFT test case is handing down the judgement on the historical terms tomorrow afternoon.

Well according to your posting it looks like they are going for a suspended possession order. This is the same as what we currently have with our lender. This means that if ONE payment is missed they will just swoop straight in on a repossession. You could have also asked them for all recordings/transcripts/letters etc where you had previously made an arrangment and evidence of where it failed. IMHO, I think you have made a good move with your request letter under the CPR rules and you should seek that legal help ASAP just in case they pull a fast one. As this is in a form of a SAR you have to send the £10 fee. Tuttsi xx

Did they accept your proposed payment plan! In our case our lender accepted the payment plan but still went the route of the suspended respossession. When you go to the law centre take the letters with you as well as the court papers. Is it possible you could post up what you have from the courts,HSBC and Shoesmiths, obviously taking out your personal info. Tuttsi

"For the benefit of anyone going down this route, it would appear that any request to lift a stay is, in the first instance, always contested by Abbey, it is very much down to you to prove hardship to both Abbey and the court, and the only fast track answer seems to be an ongoing claim for Jobseekers Alowance, Income Support, or similar maximum benifit". This is very true it is up to each individual to make Abbey aware of there own financial hardship circumstances. You should complete an income and expenses schedule, include with your letter as much evidences as possible under the FSA hardship waiver rules, and also send an upto date spready of your charges claim. Include your court case number as well as your Abbey account no. I sent mine to Ronan Colye- his phone number and address is on my thread. My claim was dealt with withing 4 weeks and I received 65% of my stayed claim. Mine was granted on the basis of suspended possession order and numerous debts due to my O/H being ill last year and debts were mounting. Our income and expenditure was also in the negative. Tuttsi

Hi RDM, Firstly, did you go to citizen advice or free Law centre as I had previously had suggested, as if you did not, you really need to get some help imediately. How much in arrears are you! Have you tried to make an offer to pay back the arrears! using the Cheltenham and Gloucester v Norgan case. You can offer using this case to pay back over the remaining years of the mortgage. Have you got it in writing where they advised that they were going for a suspended possession order and have you been in touch with them at all! If you are still suffering hardship, have you any bank charge claims that can be claimed for under the FSA financial hardship rules! Tuttsi xx

Hi Berrylover Firstly, how did you get on with the court when you phoned! I noticed that you are suffering financial hardship, the new waiver rules from the FSA state that banks have to look sympathetically at peeps who have a genuine hardship situation. I and many others have started receiving partial and full settlements from the banks. But before I give you any further info on this it would be good to know what has happened with your claim to date please. Please post up so that help can be given to you. Tuttsi xx

Cinders, Firstly, congratulations hun.... I am so so pleased for you, you got there in the end. You should not have to reject claims under the waiver condition as the Co-Op should have made it unconditional and it should not have been in Full and Final Settlement. Have they sent you a letter and are you able to scan it in without you personal details so we can check the wording for you. They also under the waiver rules not be asking you to sign that it is in full settlement. The balance of your claim should be dealt with at the end of the OFT test case and any residue will be paid then. Regards Tuttsi xxx

Sorry I could not make it.... I was working flat out all weekend and it was close to home as well . But pleased that you had a great time even if other Cag members did not meet up. Maybe next time Tuttsi xx

Hiya Hazel, I am really pleased to see that you have made a start on this as the quicker you send it in the quicker you will receive a decision. I did my own Income and expenditure on a spreadsheet ( jointly with husband), so I could add my own narratives and that worked for me. But the banks are becoming more fussier at present, so to be sure best to fill in the sheet they gave you. Before you send it add up the income less the expenses to see if there is a deficit. Also make sure that you have covered all bases. Photocopy all documentation x 3 (1 set for Abbey, 1 set for FOS and one set for you). It will not do any harm sending this to the FOS as well. Remember, you have to spoon feed them with all the info to get their acceptance. When you have done the letter post it up here without your personal details so that I and or others can give some further advice and help. Tuttsi xx

Mac...what a bummer after all your hard work. tuttsi xx

Hi JCL My claim was dealt with in just under 4 weeks. But since then Abbey are under a huge backlog and claims and are now taking up to 6 weeks. Do not give up hope.... they will contact you. Tuttsi xx

Hi Mac This is looking very extremely good to me - not that I understand everything but I am sure the Judge will understand it. Keeping my fingers crossed. Good Luck Tuttsi xx

Hi Hazel If I were in your situation you have nothing to loose but to complete a hardship claim. If you do not try you will never know. It may take 4-6 weeks for a response from Abbey so the quicker that you do it and get this together the better. If you want me to look at the letter before you send it either post it up here or PM and I will take a look. I firstly did an income and expenditure statement, although my account is my name I did a joint one with hubby. Include all your incomes separately (itemised) ie Salary,incapacity, DLa for son etc etc. Then list all your expenses. I am guessing that your incomes will not match your outgoings and will show a deficit that is why you are finding things very tight. Do an up to date spreadie of charges and interest. A nice letter to Ronan - I have put his details at the base of the thread. Put you court claim number as a ref as well as you account no in the letter. Explain what has happened to you and your family, why you consider that you are a genuine hardship case as defined by the FSA waiver rules. ( my case was that hubby had two emergency eye ops last year making it impossible to work and we fell horribly in arrears with our mortgage and ended up with a suspended possession order) If you have any arrears on Gas, electricity, rent, mortgage etc etc... this is important. In your case stress why you case should be considered. Include all evidences to show that you are in financial hardship, if you have any letters, court docs, arrears statements, if you have been charged any bank charges etc etc. Documents to show that you are receiving incapacity benefits. I followed the all the above and it worked. Be positive and try to be as accurate as you can on the income and expenses statement. Here is the FSA waiver hardhip rules:- If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties. 1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems. 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). 3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice. 4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty. 5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty. 6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty. If you have a stayed County Court claim then contact your Bank by phone, email or letter and see if they are willing to discuss and settle your Claim on the basis of your financial hardship. If you have a stayed claim then on the written defence you should find a contact name and telephone number for the person in the Bank's legal department who is dealing with your claim and they would be useful first point of contact for you. If you are starting a new claim and are in financial hardship then please see the following guide to starting a new claim on hardship grounds. You have nothing to lose by doing this as the FSA Waiver states :- (16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007: (a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter; (b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and © the firm must explain the implications of its approach and commitment; also....................... (15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period; Ronan Coyle Abbey National House, 2 Triton Square, Regents Park, London tel..020 775 64398 or 020 77564306.. [email protected] NW1 3AN I will try and help as best I can. regards Tuttsi xx

Hi Buby The only way the stayed claims with Abbey are being paid 65% of claim is if you can show that you are in financial hardship as defined by the FSA waiver. In order to do this you must first complete and income and expenses statement, provide all the evidence that support your claim and write a nice letter. If you believe you come under the present FSA waiver guidlines you could stand a good chance of getting an interim payment. Regards Tuttsi xx