Has any members received a letter saying no to Financial Hardship *Important*

[bruce47]

To any members who have received a letter from Barclays saying no to Financial Hardship. the letter will have a paragraph saying this.

 

"i belive our obligations under the banking code may inadvertently have been misrepresented in the media and elsewhere. I apologise if you have received the impression that your financial hardship complaint is an alternative to your bank charges complaint as a methord of obtaining a refund of fees (and consiqently avoiding the current deferment arrangements)"

 

This is a standard letter refusing to refund any hardship claims they are starting to arrive now. The letter is a clear breach of the waiver conditions and maybe the best proof that the banks are breaking the agreement to date.

 

Please can any members leave a message if they have received this letter.

[slick132]

Bruce,

 

Have you read here - http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/116655-hardship-fos.html

 

Or here - http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/115024-guidance-applying-removal-stay.html

 

Thre is a forum for Stayed cases here too - http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

Slick

[bruce47]

Hi thank you for the post

 

I am actually looking for people who have received the same letter so we can gather information for a member who will be complaining to the FSA when he goes to see them.

 

Sorry not enough info on my first post. So anyone who has received the same letter please leave a message.

 

Thanks

[lizzy40]

I haven't had a letter as you have describe from Barclays regarding my hardship claim but it has taken me 3 attempts to get the FOS to take up my case with Barclays because they have forced me into financial difficulties.

 

It would appear that the FOS will only take on case's of hardship where a claimant is suffering from the effects of the charges which have been applied to the account which are at present causing financial difficulties.

 

If I do get a letter will let you know...

[jansus]

I haven't had a letter as you have describe from Barclays regarding my hardship claim but it has taken me 3 attempts to get the FOS to take up my case with Barclays because they have forced me into financial difficulties.

 

It would appear that the FOS will only take on case's of hardship where a claimant is suffering from the effects of the charges which have been applied to the account which are at present causing financial difficulties.

 

If I do get a letter will let you know...

 

 

yes this appears to be correct - the "criteria "appears to be the charges on the account must be the cause of or worsening the hardship. Not just the fact that reclaiming your charges would alliviate your current situation.

 

However the banks also still should be acting within the banking code and treating hardship cases in a sympathetic and helpful manner.

 

dont think that is happening do you?

 

to be honest if you are accumulating charges upon charges without technically going more overdrawn by spending more money then i think that would be case of considerably worsening the financial position:|

 

 

jan

[jansus]

Here is a recent statement from the FSA

 

Those in hardship are not automatically entitled to get their charges back, only to have their claim considered. If your bank rejects your claim, you should complain to the Ombudsman as it will review your finances as a whole to help you out of hardship.

 

 

So at least they MUST consider your claim - and give you reasons in writing why you have been rejected.

[lizzy40]

This I found on the WHICH site it says that the FOS will continue to co-ordinate claims where a bank has already made a settlement offer to a customer and if a complaint has multiple parts, including a reference to the fairness of unathorised overdraft charges, the FOS will take forwartd as much of your complaint as possible.

 

The WHICH site also says if your are suffering for hardship you must clearly state this in your letter and if the bank ingnores you and doesn't take proper account of your hardship then contact the fOS who will still deal with hardship cases while other cases are on hold.

 

The FOS have agreed to look at my case I have been given an offer which I'm not happy with and at the same time its causing me a continuing hardship.

 

On the 5 November after 3 attempts to get the FOS to consider my case they agreed to look into it. I contacted then last week but it still hasn't been allocated to an adjudicator althrough they said it had been fast tracked. I have received a letter from the FOS today saying due to the large volume of cases they haven't been able to look at my complaint and they will contact me in 4 weeks to update the progress. How is this going to resolve my hardship if it can't be dealt ASAP.

[trollstar]

ok further update (still talkin to myself?)

i am pursuing this claim on the grounds of financial hardship (please see my thread)

just recieved a letter from Nationwide acknowledging the FOS complaint letter, NW state their 8 weeks exspires 17 jan 08

in the mean time they ask that i fill in a ' income and expenditure form'

i'll assume this is standard? and i should fill it out? and enclose a covering letter stating my case?

should i still get S.A.R - (Subject Access Request)? see other thread, all i've done so far is call FOS

anything else?

p s to MOD's if i reposted this too many times, please delete those incorrectly placed

[missal]

I have received this letter this morning from the bank they have also enclosed an income and expenditure sheet which they have asked me to return in return for budgeting anf finance management, should i not be happy with this course of action suggested they feel i should seek debt advice!!!

 

Thank you Barclays you are soooooooo helpful!

 

Today is the day i should be applying to the courts - should i do it now?

 

Regards

 

Amanda