Jump to content

miced

Newbie needs help with hardship claim

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3875 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello Everyone,

 

I have been browsing around the site for a few days now and thought it was time I said hello and that you all are doing a really great job.

 

I have been trying to reclaim my bank charges from RBS as per the financial hardship criteria without success and need your help.

 

Below is a sort of diary of the events leading up to the present, I am sorry that it is so long but I want to give as much info as possible. I hope I haven't missed anything.

 

20/06/2007 - I wanted to reclaim my bank charges but was afraid the RBS would close my account so I opened a parachute account with A&L.

 

23/09/2007 - Finally got the courage to send letter to my local RBS Branch requesting over £4000.00 in bank charges plus interest.

 

03/10/2007 - Received acknowledgement from RBS Customer Response Services Unit in Edinburgh stating that they believe the charges are fair, transparent and lawful. They also stated that the bank along with other banks has become involved in legal proceedings with the OFT in relation to bank charges and therefore all claims have been suspended pending the outcome of the test case.

 

09/10/2007 - My Royalities account at my local branch was closed.

 

11/06/2008 - Received letter giving an update regarding the judgement in the High Court case given on 24 April 2008.

 

23/07/2008 - Responded to the letter, stating that under the FSA's waiver rules I believe that I fit the financial hardship criteria and would like my case to be dealt with straight away. I also mentioned that hardship cases are exempted from the current reclaiming hold according to the new July 2008 guidelines.

 

I listed the reasons why I believed I fit the hardship criteria as below:

 

1. I have been constantly late with my rent and arrears on my utility bills

2. I am in arrears with Credit Card and Loan payments. Now my credit card and loan providers have passed my accounts over to debt collection agencies.

3. I have had a number of Debit Debits returned due to insufficient funds.

4. I have been in full-time education for the past two years and will be continuing full-time education from September 2008.

 

29/07/2008 - The bank's Customer Response Services Unit in Edinburgh sent me a long letter repeating previous information and a Customer Financial Statement to complete.

 

An extract from the letter stated:

 

"Following the receipt of a sign and completed form, we will review your overall financial position. If we determine that your case can be considered as financial hardship we will take it forward in line with our financial hardship policy. This aims to help your avoid further debt and to assist you recover from your hardship. In doing so we will review your existing banking facilities which my invlove:"

 

The letter went on to list 6 items but they do not pertain to me since my account was closed since 9th October 2007.

 

Another extract worth mentioning which followed stated:

 

"Please note that recognition of financial hardship does not necessarily indicate that a refund of charges will be made. Our hardship policy aims to help our customer avoid further debt and to assist them in recovering from hardship."

 

31/07/2008 - I complied with the bank's request to complete a Customer Financial Statement with and explanation of my circumstances and that was sent out to me in the post.

 

14/08/2008 - Received a letter from the RBS Collections Centre in Glasgow asking me to contact them by telephone to discuss my situation within 30 days. The letter stated they wanted me to confirm if arrangements were in place for my priority debts are being adhered to and if I haven't adhered to the arrangements they wanted to see documentary evidence of what further action is being taken against me.

 

18/08/2008 - I called the RBS Collections Centre in Glasgow and explaned that I managed to pay off some of the priority debts such as my rent, eletricity and gas and the lady then said that they normally would try to help by freezing any further charges on my account but since my account is closed there is nothing they can do.

 

18/08/2008 - I tried to file a claim with Money Claim Online but apparantly RBS is registered in Scotland and therefore I am not able to use this services.

 

If anyone can direct me from here on with the next step I would be extremely grateful.

 

Thanks Very Much

 

Miced

Share this post


Link to post
Share on other sites

Hiya miced.

 

Welcome to CAG. :)

 

I have moved your thread to the RBS forum as there will be more help there.

 

We do advise people to file at court with the N! as there is more space on the Poc.

 

Also here is the hardship letter you can send.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html#post1640904


HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Share this post


Link to post
Share on other sites
Hiya miced.

 

Welcome to CAG. :)

 

I have moved your thread to the RBS forum as there will be more help there.

 

We do advise people to file at court with the N! as there is more space on the Poc.

 

 

Hello Sea-sidelady,

 

Thank you for your response.

 

I think I am going straight to court with RBS, should I also enclose the hardship letter asking the court to exempt me from the current hold on claims?

 

Any suggestions would be appreciated.

 

regards,

 

miced

Edited by miced

Share this post


Link to post
Share on other sites

As long as you have done your prelim and lba letter then you can file at court. Get the hardship letter sent to the bank asap.


HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Share this post


Link to post
Share on other sites
As long as you have done your prelim and lba letter then you can file at court. Get the hardship letter sent to the bank asap.

 

Hello Sea-sidelady,

 

23/07/2008 - Responded to the letter, stating that under the FSA's waiver rules I believe that I fit the financial hardship criteria and would like my case to be dealt with straight away. I also mentioned that hardship cases are exempted from the current reclaiming hold according to the new July 2008 guidelines.

 

I listed the reasons why I believed I fit the hardship criteria as below:

 

1. I have been constantly late with my rent and arrears on my utility bills

2. I am in arrears with Credit Card and Loan payments. Now my credit card and loan providers have passed my accounts over to debt collection agencies.

3. I have had a number of Debit Debits returned due to insufficient funds.

4. I have been in full-time education for the past two years and will be continuing full-time education from September 2008.

 

I had sent my hardship letter since 23/07/2008 you can read my original post from that date onwards and you will see what steps I have done until now.

 

The bottom line is that the bank is saying they can't do anything for me since normally they would just freeze any further charges to my account but account is closed so I have to wait until the outcome of the test case.

 

21/08/2008 - Just received a letter from RBS Customer Response Services Unit this morning stating that they have undertaken a review of the information I provided and have determined that I do not fall into their criteria which classify 'Financial Hardship'. Therefore, at present their will not be looking to take my case further and review my bank facilities with them.

 

Now this is obviously some kind of template with repetitive information that they keep sending me because I explained to them in my previous letters that my account has been closed since October 2007.

 

I believe I will send the LBA today and see what happens.

 

regards,

 

miced

Edited by miced
update

Share this post


Link to post
Share on other sites
Hello Sea-sidelady,

 

I believe I will send the LBA today and see what happens.

 

regards,

 

miced

 

I have sent my LBA today by recorded delivery.

 

This is more or less a copy of what I sent to their Customer Services Response Unit in Edinburgh. I had to change a few things since they have responded to my previous letters but refused to consider my case as 'Financial Hardship'.

 

Your Ref: XXXXXXXX

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

Account Number: XXXXXXXX Sort Code: XX-XX-XX

 

You have failed to refund my charges even though I have provided the relevant information in the ‘Customer Financial Statement’ showing that you should classify my case as ‘Financial Hardship’.

 

Please find attached detailed copies of documents where I am being threatened with legal action, as evidence in support of my claim/request. I therefore expect be treated sympathetically and speedily in view of hardship.

 

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

 

I enclose a further copy of my preliminary letter and a further copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days I shall issue proceedings in the County Court and without any further notice to you.

 

Yours faithfully,

 

I will wait and see how this goes but in the meantime I will prepare my claim form ready to file in court.

 

regards,

 

miced

 

Edited by miced

Share this post


Link to post
Share on other sites

That letter is good.

 

It is extremely hard to prove financial hardship, even if you are on full benefits. There have not been many successful cases. But it is ALWAYS worth a try.

 

Have a good read of the court forms, threre are some excellent guides on here. If you need help, just shout.

 

Let us know if you get a response from your lba letter.


HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Share this post


Link to post
Share on other sites
That letter is good.

 

It is extremely hard to prove financial hardship, even if you are on full benefits. There have not been many successful cases. But it is ALWAYS worth a try.

 

Have a good read of the court forms, threre are some excellent guides on here. If you need help, just shout.

 

Let us know if you get a response from your lba letter.

 

Hiya Mice,

 

I have briefly read your thread and it appears you could be a hardship claimant. I have just had my hardship claim agreed with Abbey 65% of my total claim = £4.3K and the money will be in the account by tomorrow, it took just under 4 weeks.

 

Did you by any chance send with your letter an income and expenditure showing that you cannot meet your essential household needs.

 

Why have they refused to look at financial hardship... all the banks are now looking at genuine hardship under the revised FSA waiver rules. If they break the rules and refuse they will have to answer to the FSA and they may revoke the waiver.

 

It is my honest opinion and suggestion if you have not already supplied them with the I&E you do so immediately together with as much evidences as you can muster including any services which you are currently in arrears, mortgage etc, any court documents if this exist, a brief outline of why you find yourself as a hardship catagory in a letter requesting that they consider your claim under the FSA waiver rules.

 

I wish all the best

 

Tuttsi xx

Share this post


Link to post
Share on other sites
Hiya Mice,

 

Did you by any chance send with your letter an income and expenditure showing that you cannot meet your essential household needs.

 

RBS had send me a customer financial statement to complete which I returned to them back in July.

 

 

Why have they refused to look at financial hardship... all the banks are now looking at genuine hardship under the revised FSA waiver rules. If they break the rules and refuse they will have to answer to the FSA and they may revoke the waiver.

 

On 21/08/2008 received a letter from RBS Customer Response Services Unit this morning stating that they have undertaken a review of the information I provided and have determined that I do not fall into their criteria which classify 'Financial Hardship'. Therefore, at present their will not be looking to take my case further and review my bank facilities with them.

 

Now this is obviously some kind of template with repetitive information that they keep sending me because I explained to them in my previous letters that my account has been closed since October 2007.

 

 

It is my honest opinion and suggestion if you have not already supplied them with the I&E you do so immediately together with as much evidences as you can muster including any services which you are currently in arrears, mortgage etc, any court documents if this exist, a brief outline of why you find yourself as a hardship catagory in a letter requesting that they consider your claim under the FSA waiver rules.

 

I sent my LBA on the 21st Aug with all of the evidence I could possibly muster including copies of letters from creditors threatening me with court action, proof of my arrears with credit card, loans and utility bills. RBS wrote me only yesterday to say once again that my case does not fit their classification of financial hardship under their hardship policy. They stated that I can go to the FSA should I want to appeal.

 

Obviously, once again it is some template letter because I mentioned time and time again that my account with them was closed back in October 2007 but they are still offering to freeze interest and bank charges on an account that no longer exists.

 

In other words they are telling me to get stuffed in a nice way!

 

What is the next step that I should take?

 

regards,

 

miced

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?





  • Tweets

  • Posts

    • you realise Gick its very easy to make win 10 look like win 7.? I wouldn't move from 7 because I do lots of RS232 and other basic comms stuff with vintage gear and past 7 it would not longer do what I want.   win10 put everything back and works better than 7  ive even got it on a very old 1gb ram vio pc  if you want help pm me and I can sort things for you. 
    • I think that's what we've seen them trot out before  cant see a default notice yet mind
    • well what they send before was well below the required stuff. defence is not due till/by 4pm may 3rd.   so incomplete / failure of previous CCA request simply needs to be added to our std holding /no paperwork defence re the way to search here detailed in post 33.   something like   Particulars of Claim  (1)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxx  (2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.  (3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.  (4)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.  And the Claimant claims   (a)The said sum of £1,597.56   (b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum   from the date of assignment to the date of issue,accruing at a daily rate of £0.350,  but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.  #####Defence###### The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2. Paragraph 1 is noted. I have in the past had an agreement with [insert original creditor]  but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..    3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.    4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)    5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.  The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.    6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.    7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  a) show how the Defendant has entered into an agreement and;  b) show how the Defendant has reached the amount claimed for and;  c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974  d) show how the Claimant has the legal right, either under statute or equity to issue a claim    8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed    9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974    10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • I can’t help but think that we’re massively over complicating things here, pick up the phone and ask to speak with the PM. Explain the issue and ask them to sort it out. I could solve 99.999999% of problems within an hour or so provided someone actually told me what the problem was. By the time I was receiving letters spanning several pages and having to dig through notes and speak to people to get their accounts of what happened it could take weeks to gather the info and get replies from everyone. Just pick up the phone at lunchtime on Tuesday, ask for the PM and if they’re unavailable ask when they can be contacted and speak to them so they have an opportunity to resolve what is probably a very simple issue rather than trawling out weeks of waiting. 
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...