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Hardship Claim


alex_the_lad
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From what I've read in recent posts I think I'm entitled to claim under the harship rules. Basically I just need to know how to start the process? I have a Stayed claim and wonder if I contact the bank or the FOS? Also any links to template letters would be really helpful.

 

Thanks in advance!

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Just another query. In what situation do the hardship rules apply? Is it that the bank applies charges which resulted in hardship or do they apply in a situation where someone is suffering hardship and the return of the charges would alleviate that hardship?

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Sorry i don't know the answer Alex but I think it is a great question and would like to know the answer myself. Although my charges didn't cause me hardship as such when they were applied to me I have since been registered disabled and can no longer work, the money they owe me (3000.00 approx) would go a heck of a long way to reducing my debts.

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Hi Harry! Thanks for the reply. I found some guidance on the Hardship rules on the Money Saver Expert site along with their interpretation of them.

 

Hope it's okay to post a link to that site (seeing as we're all on the same side!) - Bank Charges Reclaiming News: Result in the High Court test case!...

 

Having read the interpretation I feel I can justify meeting the criteria if challenged!

 

I've found a template letter and income/expernditure sheet which I've completed and sent off to Abbey.

 

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

 

I'm guessing that Abbey will write back telling me I'm not in hardship at which time I guess I can approach the FOS.

 

Hope this helps!

Edited by alex_the_lad
typo

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:confused: Abbey National - Stayed pending Test Case Judgement

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Alex - You're on the right track.

 

My claims against nationwide and HSBC were stayed.

I sent medical evidence to the NW and HSBC

They ignored it

I wrote to the FOS - stating this was against the law

 

NW refunded some charges - enough to bring my account into credit - but not the rest.

 

HSBC - ongoing discussions...

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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  • 2 weeks later...

Hi Alex

 

I have just had my harship case reviewed by Abbey and received an offer of 65% of the sum claimed on Friday and the money will be in my bank by mid-next week. My case as you will see has been ongoing since April 2007 and was stayed by the courts. They took approx 3 weeks to come to a decision.I had also previously sent details of my Hardship to the FOS which was a complete waste of time. But under the new waiver rules all banks as far as I can see are now certainly looking to help people in Financial Hardship.

 

My thread is here:-

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/65003-ds-abbey-bank.html

 

I am presuming that you have not yet written to Abbey or indeed made a claim through the courts. If you require any help please ask and I will do my best to assist you.

 

Tuttsi xx

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Hi Alex/ Tuttsi,

 

I sent my Prelim letter and statement of charges to Abbey and have just received back a letter from them telling me that my complaint has been stored until such time that the issue between the banks and the FSA has been resolved and that if i wish to take them to court they will have the matter stayed. Do I send them my hardship claim letter now or do i have to issue a claim to the courts first ?

 

many thanks in advance, Shell.

Edited by harryjhk15
typo
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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 refernce 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 just ask.

 

Tuttsi xx

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Hi Tuttsi! Thanks for taking the time to respond on my thread. I've writen to Abbey and enclosed my income/expenditure sheet and I'm just waiting to hear back from them.

 

Best wishes,

 

A

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Hi Tuttsi! Thanks for taking the time to respond on my thread. I've writen to Abbey and enclosed my income/expenditure sheet and I'm just waiting to hear back from them.

 

Best wishes,

 

A

 

 

Alex, If you have a stayed claim have you directed your claim to Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, Regent Park, London NW1 3AN

Tel:020 7756 4398.

 

in addition to the income and expenses sheet did you also give evidences of your financial hardship. Did you also quote your court claim number for a reference.

 

Tuttsi xx

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Just to add there are some other banks that are making offers or at least freezing charges under the new hardship waiver guidelines , so the battle continues

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Alex, If you have a stayed claim have you directed your claim to Ronan Coyle, Abbey National PLC, Location Code TS6 D03, Abbey National House, 2 Triton Square, Regent Park, London NW1 3AN

Tel:020 7756 4398.

 

in addition to the income and expenses sheet did you also give evidences of your financial hardship. Did you also quote your court claim number for a reference.

I actually sent my letter to the compaints centre at Milton Keynes, however I haven't had a reply so far and I was thinking about sending a follow up letter, but I think I'll re-send the orgional letter to Ronan.

 

In my letter I included a the expediture form and wrote about the nature of my hardship. I didn't actually enclose any evidence, but I did offer to send it at a later date should they request it. However I think that when I write to Ronan I'll include copies of all the threatening letters and copies of the benefit entitlement letters.

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Alex,

 

Basically, a new department has been set up which Ronan will pass your letter and evidences to to them, he will monitor the position and you can actually phone him and yes you actually get to speak to him each time. Whenever I spoke to him he always gave me an update and was always true to his word. He is a nice guy so go carefull with him, it is nice to have a contact. The special department which Abbey have set up will deal directly with Ronan and it was Ronan that actually phoned me on Friday with my offer. I sent everything at the same time and they dealt with my claim in under 4 weeks and they never asked for any more documentation. Also, i would send an updated charges and interest spreadie, and put you court claim number on as well for reference.

 

So, now you are on the right track, and if you package everything nicely and your documentation show that you are a genuine hardship case I see no reason why you should not be treated the same way as me.

 

Good Luck

 

Tuttsi xx

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  • 2 weeks later...

I've finally gotten around to sending a letter to Ronan (I originally wrote to Customer Complaints at Milton Keynes and I've not yet had a reply).

 

Tuttsi. I'm asking this question at the risk of sounding optimistic and temping fate, but I'll ask any way! Is the 65% offer they made you based on the amount of charges on their own or does it include the interest accrued aswell?

Edited by alex_the_lad
Typo - still learning to think AND type...

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:confused: Abbey National - Stayed pending Test Case Judgement

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I've finally gotten around to sending a letter to Ronan (I originally wrote to Customer Complaints at Milton Keynes and I've not yet had a reply).

 

Tuttsi. I'm asking this question at the risk of sounding optimistic and temping fate, but I'll ask any way! Is the 65% offer they made you based on the amount of charges on their own or does it include the interest accrued aswell?

 

Alex, that is a good question. I am going to query it now that the money has cleared. I have tried 65% on various combinations and cannot quite make it fit. At a guess I think it maybe 65% of the original claim with the charges that I put into court last year as that seems to be near to the figure although it does not match exactly and they certainly have not included the court fees. It was always my intentions to write anyway and ask them for a breakdown of how they calculted it.

 

You know it is a strange thing they do not want to put this in writing it is all done over the phone.

 

Good luck with your claim

tuttsi xx

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  • 1 month later...

My Claim for hardship has been declined. No reason given. I have to wait for a letter outlining the decision.

 

Feeling pretty hopeless (no really original or profound thoughts just the clichés - 'why me?', 'is there a god?' and 'what do I have to get a break?').

 

I'm off to drink my troubles away (in so far as £6 will allow).

 

No real need to respond to this posting - just needed somewhere to vent (no cat to kick etc.)

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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I think I would be asking them why ?

 

If you do think the new terms of the waiver apply to you then you deserve an answer.

 

 

I would also ask for a copy of their complaints proceedure and you can still go to the FOS .

 

I think you are at least entitled to an explanation.

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Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Alex,

 

By all means rise it with the FSA. You should also look at getting the stay lifted at court. For this you need form N224 :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

There are some good links here :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html

 

Hope this helps,

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just to add there are some other banks that are making offers or at least freezing charges under the new hardship waiver guidelines , so the battle continues

 

 

Can anybody send me a link to these new guidelines? ;)

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sorry I am not being elusive but they are probably on this site somewhere or try the FSA website. I am mainly working on this on another site so I am not sure of the link on here.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 months later...

hi alex-just wondered how your claim progressed

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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my parents have today received a letter confirming that the Bank acceots them as a hardship case based on income/expenditure (finally!!!)

 

The Bank owes the £5125 (including interest) and has made them an interim offer based on a % of the charges in the last 12 months of £325!!!!!!

 

How far do they think that is going to go?? I have been writing the letters etc for them over the last couple of years but am fuming over this how can this be a reasonable offer it's less than 1% any ideas on what I should do next??

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