Hardship Rules Question

[atomickarma]

Hi

 

After filing my various letters of complaint last year and eventually receiving a small amount of money (£255 of a claim of over £1400) which I advised that I was refusing to accept as anything other than a goodwill/gratia gesture.

 

After learning of the Hardship Rules last week I contacted Abbey to push forward down this avenue, only to receive a letter this morning.

 

This letter tells me that Abbey are unable to offer a refund as I have already received refunds during the last 12 months.

 

It appears to have little to do with the issue that I contacted them about - what I want to know is: is this a standard Abbey tactic?

 

And also, am I able to attempt to claim under the hardship rules if I have accepted the gratia payment?

 

Thanks

Christian

[Guest Old_andrew2018]

Hi,

I believe an goodwill/gratia payment has no bearing on a hardship claim, you need to escalate your complaint to the FOS, Poppynurse had some succes aginst Abbey only after a complaint http://www.consumeractiongroup.co.uk/forum/general/150423-fos-abbey-hardship-claim.html#post1593044

 

Regards

 

Andy

[atomickarma]

Thanks for the answer old_andrew2007 - one other thing, what exactly is FOS?

[lynne2john]

Hi i have gone down the hardship route as well and i haven't had a reply from abbey cheeky sods, so i have also gone down the FOS route,it is the financial ombudsman service and they help you with any complaints you have about a company, bank etc, i have the phone number for you which you can ring and they will send you a complaint form it is pretty straight forward you fill in the form send all documents, letters etc you have sent and received and they then sort it out, be sure to tell them it is causing you hardship the telephone number is 0845 080 1800. hope this helps you

cheers lynne

[Guest Old_andrew2018]

Hi

I see Lynne has answered, you need to complain I believe to the FOS Financial Ombudsman Service they will need to be sure your complaint has resulted in a final response from ABBEY.

If you are like me and don't want to use an 0845 number look at this link SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

 

Andy

[TUTTSI]

Hi Christian

 

I have just received an offer on my hardship 65% of my claim. My thread is http://www.consumeractiongroup.co.uk/forum/abbey-bank/65003-ds-abbey-bank.html

 

Basically, complete an income and expenditure sheet, evidences of your hardship ie, mortgage/rent arrears, council tax arrears, etc....plus any other debts that you are court evidences to the same, revised schedule of your claim with interest to date, a letter precisely showing why you consider yourself coming under the hardship rules.

 

Please let me know if you already have a claim stayed in court - if you have I will give you the details where to write. You will also then have to quote your court reference as well.

 

Tuttsi xx

[atomickarma]

Hi thanks for all of your replies, much appreciated. TUTTSI - I do already have a claim currently stayed so i would appreciate those details

 

best wishes,

Christian

[TUTTSI]

Hi Christian,

 

I am aware that you need some pointers with your hardship claim and will do so ASAP, presently I am working 24/7 so have not had the time.

 

Will revert to you as soon as possible.

 

Tuttsi xx

[Gazza112]

I've tried going down the Hardship route with Abbey, but with the same result as you they are not the best of banks to deal with.

 

Gaz

[TUTTSI]

I've tried going down the Hardship route with Abbey, but with the same result as you they are not the best of banks to deal with.

 

Gaz

Gaz

 

There has been many sucesses with Abbey under the new FSA hardship rules. I will be back in a few days after some work pressures to help you and try and resolve your problem.

 

You also need to explain to me exactly what you have done so far - just telling them that you are hardship is not sufficient. I believe all the claimants so far have recovered between 65% and 100%. I certainly received 65% and my claim took just under 4 weeks as I had provided them with all the evidences.

 

If you read some of the threads where I have already posted you will see that some peeps have received their charges back.

 

I will be back in a few days..........to help, promise.

 

Tuttsi

[Gazza112]

Hi Tuttsi

 

Thanks for your help, have a nice break speak to you when you come back.

 

Gaz

[Gazza112]

Hi Tuttsi

 

Hope you've recharged your batteries, and had a good time away.

Just had my statement through, and abbey have charged me another £40 in charges. Can you take a look at my thread when you have 5 min spare.

 

Gaz

[TUTTSI]

Hi Tuttsi

 

Hope you've recharged your batteries, and had a good time away.

Just had my statement through, and abbey have charged me another £40 in charges. Can you take a look at my thread when you have 5 min spare.

 

Gaz

 

Hi Gazza

 

I am not so stressed now, I have been really busy at work and not had anytime for me, I have been working 24/7. Really sorry that I have not been arround for you.

 

Do you have your own thread! if you do not please can you start one so we can keep all your info separately.

 

The best way forward you should do your letter before action and include the hardship details or if your case has been stayed:-

 

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.

 

In the event that your case was stayed write to Ronan Coyle, his address is:-

 

Ronan Coyle

Abbey National House,

2 Triton Square,

Regents Park,

London NW1 3AN

 

tel..020 775 64398 or 020 77564306..

 

[email protected]

 

Quote your court claims number.

 

 

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

 

Tutts xx

Edited October 27, 2008 by TUTTSI

[Gazza112]

Hi Tuttsi

 

Pleased your a lot less stressed, i know what the fellings like.

Here's the link for my thread, hope i've done the link ok.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/161041-bank-charges-abbey-national.html?highlight=abbey+bank

 

There is another letter i need to post up, which came from the same person. i'll get that up tomorrow for you to take a look.

 

Thanks tutts

 

 

Gaz

[Jamesx81x]

Hi

 

I have a claim currently with Abbey for £1100.

 

Is it possible to claim under the hardship rules if i am working? I ask as my expenditure is more than my income, i have rent and gas arrears and no money to pay them. The money from abbey would clear these arrears and ease up the pressure considerably.

 

Thanks

[Buby x]

Hi James.

I have just had a call from abbey and they have agreed to pay me 65% under the hardship rule. I certainly feel it is worth a try. I di no way think they would pay me but I was wrong so just give it a go

Buby x

[alex_the_lad]

Hi Buby! Sorry to hijack the thread, but do mind telling us how long Abbey took to consider your claim? Congrats on the payout - hope it makes life a little easier for you.

[Buby x]

It took about 3 and a half weeks.

I faxed the info over and then called after about a week to see if it had arrived. Mr coyle answered and said he hadn't received it and gave me a different fax number to send it too. I then re sent it and again phoned about 4 days after to see if it had been received. A lady answered and confirmed that they had received it. Each time I have rung someone answered within 3 or 4 rings. I then didn't contact them again until this evening when Mr Coyle phoned me to tell me they had agreed my claim

I still am in shock!!!!!

[TUTTSI]

Hi

 

I have a claim currently with Abbey for £1100.

 

Is it possible to claim under the hardship rules if i am working? I ask as my expenditure is more than my income, i have rent and gas arrears and no money to pay them. The money from abbey would clear these arrears and ease up the pressure considerably.

 

Thanks

 

Hi James

 

Have you studied the Financial Hardship Rules from the FSA, basically if your hardships falls within the critera, yes you can claim. The expenses being more than income unfortunately may not be enough to qualify.

 

Give me the link to your thread and I will try and help you further.

 

Tuttsi xx