Hardship Claim

[alex_the_lad]

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!

[alex_the_lad]

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?

[alex_the_lad]

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 August 29, 2008 by alex_the_lad
typo

[alex_the_lad]

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_the_lad]

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.

[alex_the_lad]

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 September 16, 2008 by alex_the_lad
Typo - still learning to think AND type...

[alex_the_lad]

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.)

[alex_the_lad]

Thanks for the response. Abbey (or more likely Ashursts) refuse to offer an explaination. I've raised it a a compliant with the Ombudsman. Should I raise it with the FSA too?

[alex_the_lad]

Hi! I haven't really got anywhere with the Hardship claim (my dad's been particularly ill so I've been involved with him).

 

An interesting development is that I left my Abbey account dormant and it accrued charges over the last few months without any money being paid in. I got a letter from a DCA and I basically wrote back telling them the account was in dispute. Not had a reply to that as yet.

[alex_the_lad]

Gilbert if you want to pursue a court case then if you scroll up and look at the post the Mr Lex made on this thread on 11th November you'll find two very useful links.

[alex_the_lad]

We have on another site taken a hardship case to court recently and it was not successful but there is going to be another hearing.

 

The cases that have been helped have all either just persevered and kept complaining or have had help through the FOS.

 

But we have noticed that different financial institutions have very different attitudes to the waiver conditions.

 

There was a post on here about a group action proposal.

Hi Jansus! Back in November when Abbey rejected my claim to hardship I raised a complaint with FOS. I had to allow 8 weeks for Abey to issue a final response - which (so far) has not arrived. I just sent my complaint form and evidence to FOS. In your experience - how effective are FOS in helping conusmers? Edited February 5, 2009 by alex_the_lad

[alex_the_lad]

Just to 'bring some closure' to this thread. Last November Abbey rejected my harship claim. Then after a little delay (on my part) I raised a compliant with FOS with regard to my rejected claim for hardship. Yesterday I had a call from Abbey informing that they now accept that I'm in hardship and will make a partial refund.