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k1mmie

Hardship claims and court fees

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Firstly can anyone advise me if there is a stay on hardship claims at the moment? Should I go through the court (if it is not stayed) or FO? If I go through the court, is the fee waived if you are receiving benefits?

 

Lloyds have repeatedly ignored any claims I put in, tating they are not obliged to repay charges. Although I am not overdrawn, I am on solely benefits and could do with this money to live on. Also my daughter who lives with us and is reliant on us as she has no income has repeatedly been harrassed by phone as they keep whopping the charges on her overdraft and she has accrued around £500 in charges since January. We keep telling them the situation and they say they cannot stop the charges or interest being added and want to set up a payment plan. How the hell can she repay it if she is not working and it is all charges?

 

Any advice appreciated. Thanks.

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Firstly can anyone advise me if there is a stay on hardship claims at the moment? Should I go through the court (if it is not stayed) or FO? If I go through the court, is the fee waived if you are receiving benefits?

 

Lloyds have repeatedly ignored any claims I put in, tating they are not obliged to repay charges. Although I am not overdrawn, I am on solely benefits and could do with this money to live on. Also my daughter who lives with us and is reliant on us as she has no income has repeatedly been harrassed by phone as they keep whopping the charges on her overdraft and she has accrued around £500 in charges since January. We keep telling them the situation and they say they cannot stop the charges or interest being added and want to set up a payment plan. How the hell can she repay it if she is not working and it is all charges?

 

Any advice appreciated. Thanks.

 

If this is for yourself, then without priority debt arrears(mortgage/rent, council tax, utilities) then the claim for hardship would be denied. If your daughter is in the same circumstances, same answer as well.

I think if she has already sent in a claim for charges then when they call she should tell them that she will set up a payment plan once the OFT test case issues are resolved.

 

Court claims can be made you need form EX150(i think) which exempts you from charges. The case will be stayed anyway. The FOS will look at the claim in a similar way as I have said re priority debt arrears.


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