applied for hardship

[maggiemay48]

Hi.I have apllied for my bank charges 2yrs ago.At the moment its on hold with the courts.Anyway my curcumstances have changed.I have a overdraft of £750.I have a daughter whos has no money comming in.My sons on jsa. have all my dd coming out of my account.I am paying 3 bailiffs off.All my other bills.I am always skint.Struggling heating my home.When i put my wage cheque in on thursday i have to ask the manager can i draw some money from the cheque till it clears.So every week i am down in money.I know the bank manager so this is why she lets me draw on the cheque.She has sent a form up to head office to apply for hardship.Do you think i might have a chance?They sent me a letter to say they are dealing with it.How long does this take?

[Guest Old_andrew2018]

Bump

[rory32]

The FSA waiver doesn't state how long it should take to assess your financial hardship. Instead it uses words like promptly. I would think that the bank probably has 8 weeks to deal with your claim (in their timescale anyway). Personally I would give them a couple of weeks and then send them a Letter Before Action.

 

However if the bank decides that you are not in sufficient financial hardship for them to return the charges this is not the final decision. The FOS or a court can overrule them.

 

If they agree you have hardship status they will make a recomendation 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;

[hilaryfrances]

Hello, I will keep everything crossed for you, I really hope you get your money back soon, you must be going out of your mind with worry.

[maggiemay48]

I rang the head office regarding my charges and hardship.They except its hardship I had a bailiffs letter saying a notice of removal.I got really upset on the phone.I also told her i owe to 3 others too.How much do they give you from what they owe you?I think they owe me about £5000.maybe more. So what happens next I owe my mother £1300.My overdraft £750.Bailiffs about £2000.My heads up my backside.I have had my hrs dropped at work.

[Guest Old_andrew2018]

any news

[maggiemay48]

Hi yes.They offered me £550.This is to pay£300 to a bailif.( which i owe £800. £95 council tax from last month.£145 morgage arears.wouldnt mind.But my charges are £5000.She did say when the case in june starts.If we win.My charges will all be all refunded.

[georgieboy]

The very best of luck I hope you have a bit of good fortune soon, we are all with you.. This two year wait has just been so unfair...

[maggiemay48]

Aw! thank you .Hope we win on june 22nd ( nice refund)

[yourbank]

Maggie, the date on the forum announcement is wrong as at the date this post goes on. The HoL appeal is due to be heard June 23rd to June 25th. The decision is likely later this year. Nice payout and missed this earlier.