AA99 v Nationwide

[AA99]

Thanks for that but I was referring to which 'covering' letter per post #19 is the correct one to send:confused:

[yourbank]

Hi:) Am nearly at the end of my tether:mad: Have spent 2 whole afternoons compiling my spreadsheet charges and finalised it, phew!

 

However, have also spent another afternoon looking for the right letter to send. Caro's produced one and I have combined that with an MSE one. Please can somebody confirm which one would be right to use?

 

 

[insert your name

and address]

 

[insert date]

 

[insert name and

address of bank]

 

Dear Sir or Madam,

 

Account number: [insert account number]

I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001 [include if relevant or delete, stop any debt enforcement action being taken against me] and stop adding any further charges to my account. I do not believe these charges reflect the true cost to [insert name of bank] of going into unauthorised overdraft.

 

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to [select from a loss of employment / disability / serious illness / imprisonment / a relationship breakdown / the death of a partner / starting a lower paid job / needing to take parental care leave / starting full time education] and the FSA waiver states that you should continue to deal with hardship cases.

 

My current circumstances mean that I [enter full details of why you are in financial hardship and the effect is has on your life, for example are you missing mortgage payments, needing to take cash out on a credit card to pay for day to day goods].

 

[use this section if you rely on income based benefits as your income or delete]

Additionally, I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

 

The charges total £[insert total charge], plus as I believe I have been unlawfully deprived of the money I have calculated £[insert total of interest] interest at the statutory rate, the amount a court would award.

 

I therefore ask that you repay me the full amount of [insert total of charges plus interest]. I have attached a full schedule of the charges and interest with this document.

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

[insert your signature]

 

[insert your name (printed)]

 

[include the print out of charges and interest from the calculator and be sure to keep a copy for yourself]

 

 

Your Name

Your address

Date xx/xx/xx

Your Bank

Your banks Address

 

Dear Sir/Madam,

 

Notice of Consideration for Hardship Status

Claim reference Number xxxxxxxxx

Account number xxxxxxxxxx

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

Yours Faithfully

xxxxxxxxxxxxx

Enc; Financial Statement.

Data protection act 1998.

I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.

Signed xxxxxxxxxxxx Name xxxxxxxxxxxxx

Date xx/xx/xx

 

Ok, Are both MSE templates cos if one of them is from CAG you need to take the cag one off and I will remove it from my post as well.

[AA99]

The first one, red and blue, is MSE, the second one is from CAG templates. Why do we have to take them off the thread:confused:

[yourbank]

The first one, red and blue, is MSE, the second one is from CAG templates. Why do we have to take them off the thread:confused:

 

In the historic past, template letters from here could not be on the open forum. However, having had a look at the forum rules(updated 19/04/2009) it doesn't appear to be there.

[lexis200]

Hey AA:)

 

just here for a bit of support as I haven't a clue about reclaiming I'm afraid (although I need to do some asap!)

 

As always my fingers are crossed for a good result for you.

 

Lexis x

[AA99]

I need to produce a spreadsheet for complex bank charges and am really struggling:confused: The site template shows the link is being restored/worked on. Can anybody help with one please :-?

[TUTTSI]

AA

 

How far have you got with your hardship claim - please update on this thread and we will try and help you further.

 

Tuttsi xx

[AA99]

Thanks tuttsi. I have had a CAG colleague assist me and has entered up all the figures onto a spreadsheet with the full charges including overdraft interest but he is having trouble saving it:???: I know he is a busy man so am waiting to see if it can be saved and emailed back to me. We do qualify for all the Hardship Waiver conditions so am looking forward to submitting the claim. I have in the meantime opened an easy cash online account and have slowly started transferring some benefits into that and switching over the few direct debits I have.

[TUTTSI]

Hi AA

 

Have you got all your evidences together to support your claim. ie arrears mortgage or rent, utilities etc, any court documents where you are being pressed for payment of debts.

 

You also need to write a letter detailing the reasons why you are in hardship and make a note in that letter of the different evidences that you are enclosing. You also need to state in this letter, what was the cause of your hardship and you need to also enclose with this letter your income and expenses summary ( jointly if you have a partner) and the schedule of charges.

 

If you post up a draft of the letter you propose to send we can give it a look over for you.

 

Tuttsi

[AA99]

Yes, everything is more than ready! Was going to use the letter per #27 and also there is one on the templates that caro has put together.

 

Thanks

[TUTTSI]

Yes, everything is more than ready! Was going to use the letter per #27 and also there is one on the templates that caro has put together.

 

Thanks

 

Personally I do not like either letter as it may not truly reflect the whole position. Also, it is not a good idea to use a templated letter.

 

A letter written as I explained in my previous post must include what documentary evidences you are providing, the reasons that caused your hardship, your income and expenditure summary and the bank charges schedule + interest.

 

I would if I was you take from each of the letters ( the first letter being the better letter) only the bits that are relevant to you and adapt the letter to suit to your own circumstances. I really do not think you are any where near ready to send your claim off until your letter and your enclosures are all ready. It is not a quick fix by printing off a standard letter, your circumstances should be fully explained and are really important for your claim to be accepted by the bank.

 

I have found that claims under hardship if packaged correctly will get the attention it deserves and is more likely to be considered by the banks much more sypathetically and your claim dealt with quicker.

 

Sorry if what I have said sounds harsh, but I just want to put you on the right track and help you.

 

Have a go at drafting up a letter and posting it up and then we can alter or adapt it further. Your letter needs to be simple but must include the required elements.

 

Tuttsi

[AA99]

Thank you tuttsi, I agree whole heartedly with what you have said. I would have adapted the letter accordingly. However, I did manage to input all my charges, with and without 8% interest, for the last 6 years and it came to about £4k but then BF broke the news with the new thread about all the interest and particularly the time at which they reached £500, etc. so have been having it revised. I believe I could be looking at plus £10k so have been waiting for that until I put a letter together.

 

In the meantime, I am slowly having my benefits transferred to an online umbrella account together with the only 3 direct debits I have, so that there can be no more charges, etc, on the NW account. I can then hopefully leave the NW account dormant until I put my claim in. Dormant being nearly £2k in agreed overdraft limit........

[citizenB]

Wise move to start up the parachute account AA and shift over the direct debits to the new account.

 

Best of luck with your Hardship claim:)

[TUTTSI]

Thank you tuttsi, I agree whole heartedly with what you have said. I would have adapted the letter accordingly. However, I did manage to input all my charges, with and without 8% interest, for the last 6 years and it came to about £4k but then BF broke the news with the new thread about all the interest and particularly the time at which they reached £500, etc. so have been having it revised. I believe I could be looking at plus £10k so have been waiting for that until I put a letter together.

 

In the meantime, I am slowly having my benefits transferred to an online umbrella account together with the only 3 direct debits I have, so that there can be no more charges, etc, on the NW account. I can then hopefully leave the NW account dormant until I put my claim in. Dormant being nearly £2k in agreed overdraft limit........

 

Hi AA,

 

For this exercise with hardship the banks will not at this stage refund the interest, for instance Abbey just gave me 65% of my charges only, because my charges claim was already in court at the end of the test cast, hopefully I will receive the other 35% + the interest accrued. But my all means you could mention the interest at this stage but it wont I am sure be paid right now. The best you could hope for is to receive anything upto 100% of the charges back

 

In your case you have not started proceedings with the court yet so the interest is not as important at the moment as getting back the charges especially as you are in hardship. This must be prime importance to you as every day this goes on your debts are probaby getting into a much worse position.

 

Also, for claims over £5K if you took it to court would probably go into one of the higher tracks and this in MHO is very tricky. I had to face this with one of my claims agains Halifax albeit it is a 18 year claim for charges if I had compounded the interest it it would have come to £60K+, but with 8% the claim came to under £5k. I would have loved the £60K+ but sadly I did not feel confident enough to argue these points in court with statute of limitations and Sempra, although I had a very good POC already prepared.

 

All the best

 

Tuttsi

[AA99]

I am still compiling my charges to claim back, but in the meantime have copied and pasted the following from a fellow Cagger who has received this response and put it in the General Bank Charges thread.

 

Any comments appreciated:)

 

I recently submitted my N1 for charges including overfraft interest as per discussion earlier in this thread and have just received LTSB's defence.

 

In this they state -

 

'The Claimant's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the Bank and the Claimant. As such the Defendant denies that they are indebted to the Claimant for the sums claimed under this heading.'

 

Their defence goes on to quote the case law that they intend to rely on -

 

'Emerald Meats (London) Ltd. v A/B Group (UK) Plc [2002] EWCA Civ 460 which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest on the basis of the standard practice operated by the bank.'

[landy_alert]

Hi AA:)

 

Thanks so much for posting the above on your thread - it's most appreciated!

 

Just wondering how you are getting on with your own claim - did you get anywhere on the Hardship front?

 

Keeping my fingers etc crossed for you and thanks again for your support:D

 

Regards,

 

Landy x

[AA99]

Pleasure Landy. I am still compiling figures at different stages. Updates to follow soonest:)

[Mr lex]

You have mail AA !!