Co-op hardship case refused - help pls

[Guest Old_andrew2018]

Hi

 

I really think you can consider this letter as the Cooperative Banks final response, that is all you need to take your complaint to the FOS.

 

Andy

[TUTTSI]

Hi Andrew

 

I have just received an interim payment of 65% of my Abbey hardship claim, my claim will not be predudiced as a result of the OFT test case and therefore should the OFT win I will be able to get the balance.I followed this route my claim was paid out in under 4 weeks.

 

The best way to claim under the FSA waiver rules is to complete an income and expenses - joint if you have a partner,

 

All evidences of your hardship, this can be arrears on mortgage/rent, debts, court actions, medical.... etc.

 

A spreaddie of all your charges and interest (compensatory 8%)

 

A letter explaining your hardship and enclosing all evidences and documentations as above.

 

The more info you can provide the better chance you have of your bank giving a sypathetic cnsideration to your claim under the FSA waiver rules.

 

Tuttsi

[Guest Old_andrew2018]

Hi Tuttsi

 

A result for you, I noticed your success with Abbey, if I ever need to make a claim under hardship rules I'll PM you for advice.

In the case of c1nders77girl, the Cooperative Bank have acknowledged hardship, however they claim they don't have to consider hardship cases.

So I say that a complaint to FOS is the logical next step, the alternative is write reminding the Co-Op of their obligations, in response they will just continue with their lying and delaying tactics.

 

Andy

[sallysas]

This is interesting reading. I'm on a debt management scheme but claiming compound interest (when I eventually have enough money to fill in N1) so if I eventually applied to the courts how would this affect any percentage payout?

 

I'm about to re-apply for 2 cases which have been stayed since last year claiming compound interest (instead of 8%) on those. Tuttsi, are you about to become one of my heroines?

[TUTTSI]

Hi Tuttsi

 

A result for you, I noticed your success with Abbey, if I ever need to make a claim under hardship rules I'll PM you for advice.

In the case of c1nders77girl, the Cooperative Bank have acknowledged hardship, however they claim they don't have to consider hardship cases.

So I say that a complaint to FOS is the logical next step, the alternative is write reminding the Co-Op of their obligations, in response they will just continue with their lying and delaying tactics.

 

Andy

 

Hi Andy

 

I had a thought after I posted that Co-op I do not believe are not participating in the OFT test case. That should not exclude them from either settling a claim on hardship or otherwise and I agree that if their letter is a final no no, then a complaint to both the FOS and FSA sent with all the evidences that has been sent to Co-op on which they have refused.

 

Another thought which I favour first is that the CEO of the Co-op may remedy this situation if it were bought to his/hers attention, especially if they were made aware that they were contravening the FSA waiver rules. Perhaps this info had not been filtered through to the relevant departments and the CEO would certainly not want to be fined or ridiculed by the FSA or FOS for non compliance. I would IMHO give a 7 days letter to the CEO advising them of the intentions to make a serious complaint to both FOS and FSA if they do not consider hardship claims.

 

Tutts xx.

[TUTTSI]

This is interesting reading. I'm on a debt management scheme but claiming compound interest (when I eventually have enough money to fill in N1) so if I eventually applied to the courts how would this affect any percentage payout?

 

I'm about to re-apply for 2 cases which have been stayed since last year claiming compound interest (instead of 8%) on those. Tuttsi, are you about to become one of my heroines?

 

 

Hiya Sallysas

 

I am not sure with compound intest where a claim has not already been in the court system and stayed. Is you claim with Abbey or Co-op!

 

Not knowing all your circumstances, could it be that you may qualify for exemption with the courts for filing your N1.

 

I can only tell you I was helped on another site to a very high standard of expertese and this has enabled me and many others to obtain our interim payments now rather than wait by sending everything nicely packaged.

 

Compounded contractual interest is something that I know some peeps are working on now with a court case on Friday which is now awaiting the judgement from the Judge in 1/2 weeks time. The POC etc all have to be very well presented as the oposing bank will send a barister to fight it. One of the main arguments for CCI is Sempra v Inland Revenue. You have to know your ground to fully argue this efficiently in court.

 

In the mean time you can go for compensatory interest which seems to cover whatever interest rate you want to use. My Abbey claim irronocally was contractual interest - I used the rate I was charged at the time of each charge and yes they paid 65% of that and had not argued about that.

 

Sally if there is anything I can help you with you can PM me or post here so that I can help you as much as I can. I know what it is like when you just do not have the knowledge to see something through.

 

I also believe that genuine hardship cases should be considered by all the banks not just the banks that are currently involvbed in the OFT test case.

 

Regards

Tuttsi xx

[fleeced_by_rbos]

Check out the advice given on the FSA website:

 

FAQs complaints about bank charges

 

Scroll to the bottom and it mentions "If you have a case of genuine financial difficulty, your bank or building society must still handle your complaint. If you're not happy with their response, we can look at whether we will be able to deal with your case before the legal position on bank charges has been settled under the "test case" legal action."

[c1nders77girl]

Well, after numerous letters etc. Co-Op have wrote to me today offering to settle my bank charges at half, I have am in the middle of writing a letter to advise I will accept this first payment but will still be continuing to claim the other half.

 

So, at least this has now reduced my overdraft down further & thus reducing my debts.

[fleeced_by_rbos]

Excellent news! Best you tell them that you accept this as part payment but not as full and final payment.

 

Best of luck to you.

[c1nders77girl]

many thanks

[sallysas]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html will give you all the letters you will need.

 

Don't forget if/when you file at court to put into your POC (particulars of claim) that you have already accepted xxxx amount as part-payment only.

 

Glad they're crumbling for you.

 

Sally

[TUTTSI]

Cinders,

 

Firstly, congratulations hun.... I am so so pleased for you, you got there in the end.

 

You should not have to reject claims under the waiver condition as the Co-Op should have made it unconditional and it should not have been in Full and Final Settlement. Have they sent you a letter and are you able to scan it in without you personal details so we can check the wording for you. They also under the waiver rules not be asking you to sign that it is in full settlement.

 

The balance of your claim should be dealt with at the end of the OFT test case and any residue will be paid then.

 

Regards

 

Tuttsi xxx