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Abbey bank charges - hardship rules- please help ***WON***


jcl
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wrote to Abbey about charges they paid £750 gratia payment into my account told them it was'nt enough etc, told if i submitted court papers they would have it put on hold till after hearing, just read about hardship rules and wondered what they are.

my charges started my financial troubles, i'm owed £5000 +, taken from an account that had benefits going into it, would it be worth me submitting papers and which court to go to in North west area.

 

please could anyone advice me!

 

Thank you

jcl

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Hi Old_ Andrew 2007, thankyou for reply i am writing my letters tonight to Abbey ( yet again ) and to FOS, do you know if its still 14 days to reply (frm Abbey) when i tell them of my in tension to go for the special hardship rules ?

 

Regards

 

jcl

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Old_Andrew2007,

 

Hi Andy

Thanks for that i have just read link,

i wrote new letter to them last night asking them to look again, stating my

reasons for the hardship and how they were the start of my financial troubles etc and that i have necessary proof, i will let you know when i have/ if I hear from them.

 

Thanks for your help Andy it's much appreciated

 

jcl

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I sent my letter to Abbey saying i intend to claim under the hardship rule, i put contact numbers on letter as well, not sent letter to FOS yet to give time for Abbey to get back to me, once they do and if i still not happy am i ok to send letter to Fos and do i need to tell Abbey i have ?

 

Please can someone clarify this for me, Many Thanks

 

jcl

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Guest Old_andrew2018

IMHO you simply need to receive a final written response from Abbey, you will then be free to sent your complaint to the FOS.

There is no need to inform Abbey, they will hear about your complaint direct from the FOS when they will I believe receive a request from the FOS for the investigation fee £400.00.

Regards

 

Andy

Edited by old_andrew2007
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Hi Andy

 

Thank you for your help with this, it is much appreciated.

I will wait now to see what happens next, i will let you know when

i get word back.

 

once again thank you

 

jcl

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  • 2 weeks later...

Since i wrote to abbey again saying i was going to go for the hardship ruling i have not heard anything though i sent letters by recorded delivery,

please could someone advice what i should do now ? been 14 days.

 

Regards

jcl

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Hi JCL,

 

Having read your thread I think you need some guidance. I have just received 65% of my claim from Abbey under the current Financial hardship waiver rules. With my claim took Abbey just under 4 weeks to make me an offer and incidentially it will not prediduce my on going claim. The money will be in my account this week as Abbey recognised me as a genuine hardship case.

 

The best way forward you should do your letter before action and include the hardship details as follows:-

 

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.

 

If you need any further help I would be pleased to assist.

 

Tuttsi xx

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Hi TUTTSI,

 

Thankyou for your reply, i decided on the hardship ruling as i first wrote to them last year to no avail was put on hold like everyone else, my hubby changed jobs as he drove for a living but developed sleep disorder so had to change to lower paid job and at first I was managing till Abbey started with there fees etc etc so they are the main cause of my hardship, i had to endure going to court, depression etc etc along with health issues i already have, we just ended up with wages going in and them taking it straight out, I have all paper work. So decided the hardship way forward and wrote letter stating this sent recorded on the 28th August and still waiting reply so would you write again or submit court papers as i haven't done this yet ?

 

Your Help is much appreciated

jcl

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Hi TUTTSI,

 

Thankyou for your reply, i decided on the hardship ruling as i first wrote to them last year to no avail was put on hold like everyone else, my hubby changed jobs as he drove for a living but developed sleep disorder so had to change to lower paid job and at first I was managing till Abbey started with there fees etc etc so they are the main cause of my hardship, i had to endure going to court, depression etc etc along with health issues i already have, we just ended up with wages going in and them taking it straight out, I have all paper work. So decided the hardship way forward and wrote letter stating this sent recorded on the 28th August and still waiting reply so would you write again or submit court papers as i haven't done this yet ?

 

Your Help is much appreciated

jcl

 

Hi JCL,

 

I agree your hubby who you have told me has a sleep disorder and who has had to change to a lower paid job which in my opinion you should fall in the genuine hardship catagory, as that is a change in circumstances.

 

I would definately follow the route I have already set out on my previous thread, unless you make them wholy aware of your complete financial situation they cannot consider a claim.

 

In the first instance you would need to do a joint income and expenditure. Evidence confirming your husbands condition and any other documentary evidence showing that he has had to drop his salary.

 

Any other evidences ie arrears on household bills, bank charges etc, an up to date bank charges and interest spreadie, showing the interest as compensatory and not statutory.

 

Abbey will not consider any claim unless it falls within the waiver guidlines and if you send everything complete and nicely packaged with a letter explaining everything I believe you would stand a good chance. Don't forget whatever info you can provide will help.

 

Tuttsi xx

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Hi JCL,

 

I agree your hubby who you have told me has a sleep disorder and who has had to change to a lower paid job which in my opinion you should fall in the genuine hardship catagory, as that is a change in circumstances.

 

I would definately follow the route I have already set out on my previous thread, unless you make them wholy aware of your complete financial situation they cannot consider a claim.

 

In the first instance you would need to do a joint income and expenditure. Evidence confirming your husbands condition and any other documentary evidence showing that he has had to drop his salary.

 

Any other evidences ie arrears on household bills, bank charges etc, an up to date bank charges and interest spreadie, showing the interest as compensatory and not statutory.

 

Abbey will not consider any claim unless it falls within the waiver guidlines and if you send everything complete and nicely packaged with a letter explaining everything I believe you would stand a good chance. Don't forget whatever info you can provide will help.

 

Tuttsi xx

 

 

 

Hi Tuttsi

 

Thank you for the advice i will do my letter this evening and get it in the post tomorrow and hopefully fingers crossed who knows!

I am so glad it has worked for you and your Hubby and i do hope all is going well regarding your Hubby's eyes as i know only too well how important ones sight is,

Thanks again for all your help it's truly appreciated.

 

jcl xx

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Hi All,

 

Recieved letter today from Milton Keynes, asking me to fill in an expenditure sheet and any other other papers to help them look into it and also list of financial organisations i may want to contact regarding debt advice etc, is this a standard letter ? wondered if anyone else has recieved one.

 

Tried to upload letter but wont let me do it !

 

Regards

jcl

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Hi All,

 

Recieved letter today from Milton Keynes, asking me to fill in an expenditure sheet and any other other papers to help them look into it and also list of financial organisations i may want to contact regarding debt advice etc, is this a standard letter ? wondered if anyone else has recieved one.

 

Tried to upload letter but wont let me do it !

 

Regards

jcl

 

It is usual, if you read my posts above, I recomend that this is all sent at the same time as the initial letter to speed matters along.

 

Complete as soon as possible because they will dismiss claims where claimants delay returning requested items.

 

Good luck

 

Tuttsi xx

Edited by TUTTSI
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  • 2 weeks later...
Hi All,

 

After sending all documents requested by Abbey on the 11th Sept , had no word or telephone call to say recieved my paper work or anything, is this normal for the hardship ruling (sent all proof), do i just wait ?

 

Regards

jcl

 

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

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Hi

I wrote to abbey citing hardship and i also heard nothing then yesterday 5 weeks after writing to the i got a letter saying they are paying the full amount of charges plus the ones that are pending! Shocked isn't the right word as i was expecting an offer of 65% of my claim after reading other peoples threads, but no the full amount plus, i'm gob smacked but extremely happy! but i had to wait 5 weeks with no letter or communication from them good luck with your claim hope you are successful

lynne

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Hi Lynne,

 

Thank you for reply,

 

I am realy pleased that you have got your charges refunded it must be a huge relief to you,

I will let you know if i hear anything.

once again well done!

jcl

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  • 4 weeks later...

Hi All,

 

Still no word at all from Abbey, it will be 6 weeks on Monday.

 

Has anyone else had any luck with them ? and do you think i should sit and wait or take another route ?

 

Many thanks

jcl

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Hey JCL! I'm in the same boat as you - I submitted my claim under the hardship rules six weeks ago and I'm still waiting! Have you had any contact with Ronan Coyle? He's the chap who liaises between customers and the team considering claim - I call him on a weekly basis. I have to say he was helpful at first but I guess he's become a little jaded due to the high volume of claims he’s receiving! When I called him last week he did say that the decisions were coming back in great numbers and that it shouldn't be much longer... It may be worth giving him a call - his number is 0207 756 4398. He might not be able to give you any definitive information but he is a nice bloke to talk to - which is something of a rarity when it comes to Abbey!

 

Also did you copy the hardship claim to the FSA? If not it may be worth sending it to then along with any proof that you sent the claim to Abbey (I’m assuming you sent you letter by recorded delivery).

Edited by alex_the_lad
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Give them a call. A nudge might be all they need. When its a hardship claim, they have to deal with it asap.

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Hi Alex the lad and Sea -Sidelady,

 

Thanks for replys,

 

I sent my hardship papers to milton keynes and i think the man in question was Richard Harris, is Ronan Coyle at Milton or London ?.

 

I have not sent my claim to FSA yet as i was advised to give Abbey a chance though 6 weeks today.

 

Do you think it is worth ringing then ? did think about it but sometimes wonder if right thing to do.

 

I did send by recorded delivery,

 

Good luck Alex hope you hear something soon

 

jcl

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Hi JCL! I definately think its worth calling Ronan. From what I understand Richard is the head of Customer Complaints for Abbey. Ronan liaises with a team that has been especially set up to deal with Hardship claims. So as I see it your claim will have ended up with Ronan. He is really friendly but the last few times I've called he hasn't really been so helpful. The latest explanation I’ve had is that when Abbey receives claims they wait until they can batch a number of them together and send them on to be considered. Then all the decisions from that batch come back to Ronan in one go. He generally gets a batch back every week or so. Still I’m committed to calling him every week!

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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