bank charges-financial hardship

[hammy43]

hi everyone, this is my first posting its took me over two years to claim back due to ill health...just received letter from bank saying claim is stayed until oft ruling - but now trying to claim back under financial hardship - i read somewhere about stating a consumer act.........but cant find it to put with letter back to natwest bank stating my case under this act

can anyone help?

will let you all know how i get on as now i will follow through until the end

sandra

[freakyleaky]

Hi hammy! Have a read of the links in my signature for information on the OFT test case and how it affects you. There is also information on how to apply for the stay to be lifted. Just have a read through it and then come back to this thread with any questions.

 

I have asked for this thread to be moved to the Natwest forum where you will get more specific help with your claim.

[livelylad]

Thread moved to Natwest forum.

[cyberbabeuk]

Hi Hammy

I am also trying to claim back charges under Financial Hardship and I sent them a letter stating this (posted below) I was even prepared to settle for 2 thousand pounds less but they dont want know. I got the standard reply back today "OFT case, take it to FOS or Court but we'll stop it anyway!!"

I am now scratching my head as what to do next?

Regards

 

Dear Sir or Madam,

 

Re. Account number: XXXXXXXX/ XX-XX-XX

I refer to default charges applied to my account amounting to £XXXX.XX., which I have requested you pay back.

I wrote to you on 16th July 2007, making the original request for a payment in settlement of my claim and I have not heard from you.

I am aware of the OFT ruling and I am writing to you again under the hardship waiver. I am a single unemployed parent and the only incomes I receive are benefits, Child Tax Credit and Income support. I am a full time carer for my two disabled children and I also receive Carer’s Allowance and Disability Living Allowance on their behalf. The charges you applied to my account came out of these benefits and my children’s DLA allowance which was paid into my account on their behalf .I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and the Social Security Administration Act 1992, which says banks must not take charges from benefits as this money is needed for a person to live on. Therefore I believe the County Court will rule in my favor.

I have attached a full schedule of the charges and interest with this document.

 

Without prejudice

The charges and interest I have claimed above total £X,XXX.XX. However, if you are prepared to pay to me £X,XXX.XX within 14 days of the date of this letter, I am prepared to accept this lower figure in full and final settlement of my claim and interest as I am suffering severe financial hardship.

I look forward for a full response to this letter within 14 days; otherwise I will commence court proceedings to reclaim my money.

[hedgey06]

Additionally, you may find some of the info in this thread useful: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html

 

Best of luck x

[cyberbabeuk]

I made a phone call to FOS yesterday and explained my situation and the reply I had from Natwest. They explained they were no longer in a position to get my charges back until after the test case but they would be sending some forms out for me to fill in and they would look at it to see if they could help in any other way, like getting my rent paid?

I am not sure how this is going to work?

[jansus]

Hi

 

the link at the bottom reference A&L may be of interest to you in particular.

 

 

 

 

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

[jailbird]

Also try getting your Mp on board. Make an appointment for him to come to you due to the difficulties with the children. He will then see how you are struggling. Ask him to write to the bank on your behalf. Worth a try ?

 

Chris:D

[karenchan7010]

hi there currently trying to reclaim charges under financial hardship.halifax sent me the forms to fill in about my finacial position and also i sent them other eveidence like repossesion on my house council tax arrears and court dates.i have had no correspondance from them for over 2 months so i called them,the advisor said she would put an urgent on my claim and get someone to deal with it.nothing happened so i wrote another letter last week explaining that no one has responded to me in any way,and still i havent heard a thing,so i wanted to know is their any time limit banks must make some kind of response? any advice would be greatly appreciated

[Jase1982]

Hi Hammy

Social Security Administration Act 1992, which says banks must not take charges from benefits as this money is needed for a person to live on. Therefore I believe the County Court will rule in my favor.

I have attached a full schedule of the charges and interest with this document.

 

 

Hi, I think you should read this....

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/125278-social-security-administration-act.html

 

Unfortunately, in any financial jargon where the term, 'charges' are stated.... it appears bank charges are never ever what are intimated.

 

I was caught out by the fact many CAG members still believe that the social security act can be used as a WMD against the banks when claiming, during the OFT case, based on 'financial hardship' arguments....

 

Doesn't work, they're still under no obligation to repay the money....yet...What I intend to do is wait until I see the banks next response to a letter I sent outlining the fact I am on JSA, benefits are set by the government as the minimum amount of money an individual needs to live on, and outlining my case. I also added a comment by the FSA that stated all complaints that involve financial hardship should still be looked at.

 

If they still refuse, I shall further my complaint to the FSA and the FSO. I shall then continue with the claim, which will most likely involve a removal of a stay as mentioned in the above posts. We'll see what happens with that...

 

I strongly don't believe that I have paid NI and tax for 10 years (may seem like a short time to some...), only for Natwest to literally remove my ability to feed myself purely to satisfy their shareholders.

[yourbank]

hi there currently trying to reclaim charges under financial hardship.halifax sent me the forms to fill in about my finacial position and also i sent them other eveidence like repossesion on my house council tax arrears and court dates.i have had no correspondance from them for over 2 months so i called them,the advisor said she would put an urgent on my claim and get someone to deal with it.nothing happened so i wrote another letter last week explaining that no one has responded to me in any way,and still i havent heard a thing,so i wanted to know is their any time limit banks must make some kind of response? any advice would be greatly appreciated

 

You need to start a thread in the Halifax Bank of Scotland part of the forum and you will get advice on this one.