Us vs Halifax (hardship case?)

[vikiross]

Hello, I'm hoping someone can help me as I've got a few questions.

Last year I claimed my mums charges back from the halifax successfully. My mum had cancer about 18 months ago and as a result lost her business. She is now employed about but on a part time basis as she is still recovering.

Because of the situation she is in, I pay the majority of the bills and mortgage, from my halifax account as hers is in a debt management plan with CCCS. She has a bank account with the coop but is not allowed any direct debits, and so basically I pay the mortgage with my salary from my bank account, but the mortgage is in her name.

I've heard about hardship cases, and it seems to be if you have mortgage arrears (which we have about £4,000) and credit card debt you can't pay back (which are also included in her debt management plan) you may be able to apply to have your charges looked at before the test case is resolved.

Is this the case with us and if so, how do I go about it?

I hope that made sense, thanks for any help!

[sea-sidelady]

You can start the process on your claim, and when it gets to the court stage, if it gets stayed, you can apply to have it lifted due to hardship.

 

Have a read of these links.

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

Is your court staying claims

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html?highlight=hardship

Staying claims forum

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

[vikiross]

Do I need to tell the bank of the situation? Wont they just tell me to wait until after the test case, and so it wont even get to court yet?

Thanks

[overflow]

Hi Vikiross

 

Id take SSL's advice cause at least even if theydo stay your claim it will be in the system for when the banks lose the test case, so then you wont have as long to wait.

Also I think hardship cases are still being allowed to go through depending on circumstances so I think your in with a good chance.

 

Regards

[sea-sidelady]

It is up to the court wether a claim gets stayed or not. Not the bank.

 

So it is better to have your claim going through the system, and then you can decide the best option for you.

[overflow]

Hi Vikiross

 

You dont need to tell the bank about your situation, as SSL says we all know the bank cant stay any cases, its got to be the DJ's decision.

Just go ahead with your timescale and when it gets toi the stage where you need to file a N1 then you can include the situation in there as I think it would class as hardship case.

 

Regards

[jansus]

The last link may be of particular interest to you.

 

 

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through.

 

If you feel that SINCE THE WAIVER you have

1) appealed against a stay on this basis and been refused

 

(Just to clarify, the courts have a right to stay any case but banks should

not apply for a stay in cases of hardship.)

 

2) contacted your bank and asked to be considered on this basis and been refused

3) had been offered a settlement which has now been retracted

 

if you feel this applies to you please pm me or post details here. I am trying to help CRFX250 collect data to send to the FSA. He is trying to gather evidence in order to make them consider lifting the Waiver which is due for review.

 

Here is a link to the proceedure the banks were supposed to adhere to

 

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

 

And also an extract from the website announcement.

• 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.

__________________

 

This is also a useful thread to read Success at A and L via hardship case route

 

 

 

thanks

[jansus]

There is an announcement today regarding gathering information on hardship cases.

 

Also this might help

 

Jan

An idea - any comments from mods and others?

[HideBehindthesofa]

Hi I am also involved in trying to get my money back from the Halifax

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/158630-halifax-hardship-help.html#post1697178

 

However what is the next step for me to do.

 

Note to MODS If I have posted this in the wrong place......SORRY