Hardship case

[oscar21]

I am trying to help out a friend with a claim regarding unfair charges. The score is she has a current account with lloyds and has been stung for charges, its one of those £30 per day charges type. Anyway she has paid about £1000 of her own money in charges over the last couple of years and the account is aproximatley £1000 overdrawn entirley due to bank charges.

 

However for the last few years at least she has been recieving sickness benefit and this has been her only income, when the benefit landed in her account most was swallowed up because of the charges. We have done the SAR and sent off the first letter asking for the payment back, mentioning the hardship. They have replied with the usual bumph and refering it to collections etc.

 

What is the next step, as its a clear cut hardship case do we now inform the ombudsman or just continue with the court route. How do you make the court act on a genuine hardship case instead of staying it?

 

Also I take it we are right in asking for the full £2000 or so back, and some of this would pay back the overdraft, after all you cant walk away with what you have never had.

 

Just to say the lady in question would settle for the account just being closed and not be hassled anymore.

[yourbank]

hmm, ok. Does she have priority debt arrears(mortgage/rent, council tax, utilities)?

Are any of the arrears being paid off?

 

 

And have I answered you on Moneysavingexpert as this sounds familiar to me ?

[maroondevo52]

 

 

And have I answered you on Moneysavingexpert as this sounds familiar to me ?

 

No, they don't frequent MSE

[yourbank]

No, they don't frequent MSE

You'll be amazed at the Groundhog days I have both here and there

At times I have to double check the name of the forum and sometimes I even get it in triplicate

[oscar21]

I would imagine most things get paid for her, she does have 3 kids though and is a single mother. How does the hardship thing work, would a court agree to proceed with the case if hardship can be proved or is there no legislation for this? If its just down to the banks to look into it then its not in their interests to agree to hardship and will obviously rebuf all of them, so whats the point in having a hardship clause.

[landy_alert]

Hi oscar21:)

 

I'm sure yourbank will be back to give you some more advice soon, but just to say that firstly banks only seem to be considering refunding to those people with priority debt arrears, such as mortgage/rent, council tax and/or utilities. Lloyds appear to be one of the worst for acknowledging hardship unfortunately and you are quite right to refer to what they have sent your friend as 'bumf' - we have been dealing with Lloyds for 5 months or so now and have had about 20 letters all spouting the same rhubarb back from them.

 

What your friend will need before you can proceed to the FOS is a Final Response letter from Lloyds detailing why they don't think she is in financial difficulties - that's assuming they don't accept that she is. Then your friend would need to send copies of all supporting evidence to the FOS along with her FOS Complaint Form and a letter detailing why she disagrees with the bank's Final Response.

 

Even if they do agree, the bank is under no obligation to repay anything - even under the hardship criteria, but could just freeze interest etc.

 

You say your friend would be happy for her account to be closed - Lloyds closed ours (they are not meant to do this as a result of a customer putting in a claim for a refund of charges) and they are still hassling us. They owe us more than twice what they say we owe them but still they persist in sending solicitors letters, DCA letters etc demanding payment in full. However, once you have disputed the charges your friend is within her rights to tell them the account is in dispute until the matter is resolved. If that means not until the OFT test case is resolved, then so be it.

 

Hope this helps.

 

Good luck and well done for helping your friend!

 

Regards,

 

Landy x

[yourbank]

Landy just missed one important document from the list, an income and expenditure form .

[akania]

Been following this thread as i have a similar case. Sorry to be thick but what letter from that list do I send ?

[akania]

Oh and one last thing. Are the banks allowed to chase for overdraft debts that are also made up of charges when the test case hasnt been finalised?

 

Sorry meant to post that on my thread

[yourbank]

Oh and one last thing. Are the banks allowed to chase for overdraft debts that are also made up of charges when the test case hasnt been finalised?

 

Sorry meant to post that on my thread

 

Yes is the answer. You can always refer them back the fact that the account is in dispute.

[k1mmie]

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Edited October 23, 2009 by k1mmie
delete

[yourbank]

I have everything in arrears and Lloyds still rejected me!!! Waiting for Ombudsman. Lloyds wash their hands!

Are you still using the account in question?

Did you have a financial hardship closure letter from Lloyds?

Have you argued that they are wrong based on when the hardship began(lifestyles change or 2(a) in the waiver) and how the charges have affected your ability to pay the PD arrears?

 

Apologies if I am going over old ground.

[oscar21]

So it seems the hardship route would be a non starter and the best course of action would be to just carry on the claim with the LBA, and then be prepared to wait.

[landy_alert]

Hi oscar21:)

 

Not necessarily - if your friend has priority debt arrears of any kind it is still worth trying. Remember all bank charges claims will get stayed anyway, so if you go to the FOS there's nothing to lose really. If the FOS don't uphold your friend's complaint she can still file at court and get her money back when the banks eventually lose the test case;)

 

Regards,

 

Landy x

[yourbank]

Hi oscar21:)

 

Not necessarily - if your friend has priority debt arrears of any kind it is still worth trying. Remember all bank charges claims will get stayed anyway, so if you go to the FOS there's nothing to lose really. If the FOS don't uphold your friend's complaint she can still file at court and get her money back when the banks eventually lose the test case;)

 

Regards,

 

Landy x

 

Landy, there are huge delays when people who are not in hardship go to the FOS unnecessarily. I never suggest that route unless I think that the bank is completely wrong in their decision making.

[landy_alert]

Landy, there are huge delays when people who are not in hardship go to the FOS unnecessarily. I never suggest that route unless I think that the bank is completely wrong in their decision making.

 

Hi yourbank:)

 

I think you misunderstood what I meant here - I wasn't trying to suggest they should go to the FOS if they are not a hardship case - that's why I said if there were PD arrears it was still worth trying.

 

I don't believe the OP explained whether there were priority debt arrears or not, but if there are, then isn't the FOS the way forward if the bank says no and they disagree with the decision?

 

Admittedly from what they have said they are a long way from this point at the moment anyway, but I got the impression that maybe I had put them off trying by my previous post and didn't want them to feel it was a totally fruitless task!

 

Apologies if I got it wrong;)

 

Regards,

 

Landy x

[oscar21]

I think the rent and council tax etc get paid by the social, and gas/elec are on card meters, and I dont think people on the sick are on a bad screw either. I thought just by being on the social automatically qualified you as being a hardship case.

 

On a side note, if you were owed money in charges and run up an overdraft to that amount and then told them to get lost (after getting no joy on a refund) then they took you to court for that amount, what would happen if you counterclaimed for the bank charges amount? they could'nt stay the counterclaim whilst allowing the calim surley.

[yourbank]

You would counterclaim and the case in all likelihood would be stayed.