Hardship application

[kash21]

Hi guys! great forum! I gained a lot of info from you guys, but I am nt sure how to proceed with my own claim.(I want to show that I am in hardship)

 

I've sent my first letter to HSBC for the last 6 years of statements.

added up the charges and sent my first letter.

 

I got back the usual letter that many people are recieving of:

 

"We acknowlegde reciept of your complaint about bank charges blah blah blah"

 

one of the lines say " we have registered and stored your complaint..."

 

and " once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible"

 

so does that mean my claim is on "stay"?

 

also they sent me that famous leaflet that all HSBC customers recieve "putting your finances in order" thanks HSBC! so helpful!

 

anyway I heard that I can ask them for a hardship form?

but that its highly unlikely that banks will give money back even if I fullfill most of the criteria in annex2 of the FSA waiver, so what's the better option?

[johnnymitch]

Hi Kash21 , welcome to the forum

 

Nice to see you've done a bit of research before coming on .....

 

I'll give you these links so you can follow the timetable and use the template letters........some of them you may have already seen , but there should be some helpful stuff in there .......

 

Links for new starters

http://www.consumerwiki.co.uk/index.php/Step_By_Step_Guide

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Templates library

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

What your aim should be is to get your claim up to the court stage .... HSBC cannot stay a claim , they can only ask for it to be stayed.... but the courts are staying all claims, unless you can prove severe financial hardship , which is almost impossible the way HSBC interpret the criteria...

However , the advantages of having your claim into the court system are :

1. Your claim will attract section 69 interest of 8% once it is 'in the system ' - not to be sniffed at in these financial times ...lol!

 

2. It protects the 6 year date for claiming refunds, (this can slip if you don't follow the claim through)

 

3. It puts your account firmly 'In Dispute' which means HSBC can't play silly beggars and start demanding repayment or pass it to a Debt Collection Agency (DCA) such as MCS.

 

This is why they're trying to give you the impression that your claim is stayed... so you won't take it any further ......therefore the quicker you get it to the court stage the better.

Come back if you need any more help - someone will answer - and we're a friendly lot on here

[kash21]

got it! thankyou so much for taking the time to write all that advice and links!

[kash21]

should I sign my LBA?

[johnnymitch]

Yes , no harm in signing that Kash - but if you're in doubt , put a little dot somewhere that's not usually there on your sig so you could identify it again ........ I take it you signed the prelim letter and the SAR with your normal signature .....

 

Also we're not asking them to produce a signed agreement here , so the same degree of care is not necessary IMHO ......

 

PS thanks for the tip (on my scales ) lol !

[Castlebest]

Yes you can sign your LBA but I would mark your signature, put a little dash somewhere across one of the uprights just as a safeguard. I doubt very much that the mainstream bank staff would get up to any nefarious high jinx but it has been known for some of the less reputable DCA's

 

pete

 

snap