kia v abbey2

[kia]

hi im back again and its time to go after them again right im not sure how to go after them under the new hardship rules do i write or is it better to phone and ask for the income expenditure form to be sent out dont suppose theres a link on here for one :-|need to do the spready first though not sure what the charges are think there at least £1000 so suppsoe need to get thumb out and yes i know charely im gonna do it promise if i dont get another late nite :Dxxkia

[charleyfarley]

put him down and get your spready out girl, there's money involved in this:D

 

Golden rule.......write don't phone,it's much better, then you've got copies of everything that's said.

[ukaviator]

Hi Kia

 

Don't ever phone them, keep a paper trail throughout your claim, and don't sign anything.

 

If you are unable to meet your basic needs with the money you have coming in, or if you are facing repossession, arrears or non payment of council tax/fines, your income has recently fallen by over 45%, or if you live solely on benefits, this is classed as hardship.

 

The main points are to get your claim going are:

 

1) Get your bank statements or transaction lists for the history of your account from your bank. Use the Data Protection Act Subject Access Request letter to do this.

 

2) Input all your figures on the simple interest spreadsheet, with the dates and reasons for the charges.

 

3) Send your preliminary request for repayment letter and include some information about your hardship and a basic outline of your circumstances.

 

4) You should receive a letter back from the bank telling you about the test case. This might have an income/expenditure form with the letter from them, if they have looked at your hardship request. If so, complete the form and attach evidence as requested, then return it to the bank. If they havent sent the form, then write back to the bank reiterating your request and concentrate on the hardship aspect of your claim.

 

5) Give them a couple weeks to reply. If you have'nt heard anything after say 14 days, then telephone the bank to check that they are dealing with your claim under hardship.

 

The bank has 8 weeks from when a claimant informs the bank that they believe they are a hardship case. You don't have to put in a separate complaint to your bank about the hardship element of your claim.

 

If the bank goes over the 8 week complaints time limit, the Financial Ombudsman will take up your case. In the instances where a bank does not agree that a claimant is a hardship case, then go straight to the Financial Services Authority, who will look at your claim. If they agree you have hardship status they will make a reccomendation to the bank on whether they should refund the charges.

 

The hardship criteria the Financial Ombudsman Service would use is the Financial Services Authority waiver guidance. These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

 

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

 

2. In making an assessment of financial difficulty the firm will take into account:

 

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

 

b. evidence of the following events:

 

i. items repeatedly being returned unpaid due to lack of available funds;

 

ii. failing to make loan repayments or other commitments;

 

iii. discontinuation of regular credits;

 

iv. notification of some form of insolvency or court proceedings;

 

v. regular requests for increased borrowing or repeated rescheduling of debts;

 

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

 

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

 

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

 

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

 

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

 

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

 

You have nothing to lose by doing this, as the FSA Waiver states :-

 

 

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:

 

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

 

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

 

© the firm must explain the implications of its approach and commitment;

 

 

ALSO

 

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

 

Right now get cracking, i will have a look tomorrow to see how you are getting on.

[kia]

tomorrow :eek:omg slave driver i did try this with alliance and leicester with there charges but got the standard test case argument letter fob off i think and didnt know what to do next but ill need to get a pen first to hi light it with nicked my dads one last time and lost it :confused:thanks though both of u im onto it its gets done in time u know me ;)xxkia

[charleyfarley]

and keep out of that Chatroom until you've got your homework done;)

[kia]

yeh yeh yeh blah blah blah pmsl xxkia

[ukaviator]

I bet she's in that chatroom again. . . .

 

Update please madame. . .

[havinastella]

she's in the chatroom

[kia]

omg what a load of grasses can hardly do homework at 2 in the morning :Dtis not slave labour well got the pens do the spreadies tomorrow as im about to pop the wine :pglass anyone ;)xxkia

[ukaviator]

Are you still boozing Kia?

 

How are you getting on?

[kia]

no im sober now uk no more drink for me i think youll find. Now got a bit of a problem whats new eh ive done all the charges hi_ lighted them but i cant remember to what date i claimed the last amount ill need to search and see when the last charge i claimed back cos this is claim number 2 i had kept copies on the puter that was nicked dohhh :confused:and dont wanna do a double in case they twig and through it out there are a lot of charges on it but got horrible feeling most will already ahve been claimed back xxkia

[ukaviator]

How are you getting on Kia?

[kia]

just gotta input all the stuff no ive had to kinda use guess work as i dont know when the date i last claimed well kinda guesswork as last written statement i got was for oct 2006 so kinda figgered that if i start it from nov 2006 that will have to do not had chance to do it though im stressed atm dealing with my dad so need to chill a bit plus keep gettinh headcahes excuses i know but there u go itll be done sometime over weekend promise :)xxkia

[ukaviator]

You need to calm down Kia. All of this running around will make you ill. You are stressed out by the look of your last post.

[kia]

im very uk so trying to chill now xxkia

[kia]

going to destress this morning areobics always works for me u reckon the headaches are stress then cos i know i am xxkia

[ukaviator]

I reckon so Kia. If they continue, go and see the Doc and get your blood pressure checked out....

[kia]

its not that uk im just under stress atm my dad is not so good so starting the process of getting him assessed but its not easy and its all falling on me atm so everything else is getting pushed to the back right now including bank stuff but ill try get time tomorrow to at least input them but by nightime i just wanna chill as u can understand dont worry though ill do it need the money xxxkia

[KnellyK]

Blimey Kia......I was just checking that your Abbey thread was still here!

 

 

 

It's really dusty in here!

 

 

I've found the bucket, CF's belly button ruby and one of UK's dodgy screwdrivers!

[kia]

:eek:i know events have over taken me but i must get that broom out now where did i put it ohh yes i remember now :pwheres that uk gone now cos ive heard of mu1ti tasking but thats ridiucu1ous :Dxxkia

[KnellyK]

It's October!

 

Get your claim sorted and sit back to wait for the judgement!

[kia]

i know just so many things going on brains frazz1ed atm kk xxxkia

[KnellyK]

Psssstttt

 

 

Kia

 

 

Wake up,

 

 

I've had a letter so I've moved you to page 1 - as moral support!