A&L Financial Hardship Payout YEEEEPEEE

[Rachlouie]

Friday 16th October I gathered my spreadsheet of bank charges £1450 in one year!!! I completed my financial hardship letter and posted it for the attention of Alison Reilly at A&L normal address, Bootle.

3 weeks later I was starting to think why haven't I heard anything, when on my doorstep was a letter complete with Income and Expenditure form to complete. I was very honest with the details on this form and in my opinion my husband and I are in a sinking ship at the moment with some many bills like waves and they are all shouting louder and we are struggling to be able to last the month without having to take some item to cash converters for the cash on a buy back. I received the form saturday morning and by saturday afternoon it was back in the post 1st class (their expense). I did enclose letter's from our Housing Association with an Intent to Seek Possession, council tax forms showing how behind we are, car finance letter's - the works. Tonight I have just checked my bank account and there is over £1000 in there. I do believe that they have refunded £1015 of my £1450. I am so exicited and can't believe this sort of thing happens to me. I was only sat here thinking earlier of how I was going to afford Christmas let alone pay bills. I now have to use this money wisely.

[Rooster-UK]

Brilliant news. Well done.

In these days of doom and gloom, it's good to hear something positive, occasionally.

 

Regards, Rooster.

[rebel11]

Well Done:D

[djh1697]

Maybe the employees do not care now that Santander are makjing them redundant?

[indebtstudent]

Or maybe they have a feeling what the outcome of the test case will be. Or rather I should say they know the attempt to overturn the earlier legal judgement is doomed to fail. If the court rules that the OFT doesn't have the power to rule on charges well then its a bit pointless them existing really isn't it???

[caro]

Well done Rachlouie. This is brilliant news, but make sure you still claim for the rest of your charges. If you could still do with more to help you out of your hardship, then let A&L know that, otherwise put a claim in at court for the rest of what you're owed.

[yourbank]

Well done Rachlouie. This is brilliant news, but make sure you still claim for the rest of your charges. If you could still do with more to help you out of your hardship, then let A&L know that, otherwise put a claim in at court for the rest of what you're owed.

Caro, I refer you to the FSA Waiver on bank charges point 13.16:

 

"(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;"

 

relevant part is highlighted in bold.

[caro]

There you go rachlouie. Yourbank has confirmed what I've said, so don't let A&L fob you off if you could do with the rest of your money now instead of waiting for the test case and OFT investigation to finish.

 

If you quote the part yourbank has highlighted in your letter to them, they can't argue that they don't need to do more.

 

Thanks YB.

[yourbank]

There you go rachlouie. Yourbank has confirmed what I've said, so don't let A&L fob you off if you could do with the rest of your money now instead of waiting for the test case and OFT investigation to finish.

 

If you quote the part yourbank has highlighted in your letter to them, they can't argue that they don't need to do more.

 

Thanks YB.

 

No problems but the OP has only had a Full and Final settlement of the hardship part of the claim. The rest is still live subject to the OFT test case issues resolution.

[caro]

No problems but the OP has only had a Full and Final settlement of the hardship part of the claim. The rest is still live subject to the OFT test case issues resolution.

 

What makes you say it's F&F settlement of the hardship part of the claim YB. If the OP is still suffering hardship she should tell the bank if the settlement is inadequate for her needs now.

 

Is there anything to say that customers can only claim hardship once and have to accept the banks first offer or part settlement?

[yourbank]

What makes you say it's F&F settlement of the hardship part of the claim YB. If the OP is still suffering hardship she should tell the bank if the settlement is inadequate for her needs now.

 

Is there anything to say that customers can only claim hardship once and have to accept the banks first offer or part settlement?

 

On the first part of what you have said the question needs to be asked to the OP, ie does it meet their needs. From post 1 I think the OP is certainly happy with it thus far.

The Hardship guide you have written makes no mention of negotiation and there is no provision or guidance given to banks that they have to refund 100% of the charges if the person is in financial hardship. They don't have to accept the offer but the OP got a payout of over 50% of the claim which, unless they can prove that charges further back, caused their current hardship, would be difficult to argue. Personally, I think the payout is pretty good.

[caro]

On the first part of what you have said the question needs to be asked to the OP, ie does it meet their needs. From post 1 I think the OP is certainly happy with it thus far.

 

The Hardship guide you have written makes no mention of negotiation and there is no provision or guidance given to banks that they have to refund 100% of the charges if the person is in financial hardship. They don't have to accept the offer but the OP got a payout of over 50% of the claim which, unless they can prove that charges further back, caused their current hardship, would be difficult to argue. Personally, I think the payout is pretty good.

 

It certainly is pretty good and I'm sure the OP is delighted to have got something, but the point of my original post was to let her know that if it isn't enough to get her out of hardship, she can ask for more.

 

Speaking personally, my hardship lasted in excess of 20 years, and I'm sure I'm not alone in that bank charges were probably one of the main reasons for it due to the spiral effect.

 

I think the points made are now clear and fully explained for rachlouie, but if you want to continue to debate the issues on another thread Yourbank, perhaps in the hardship forum, I'll try and take a peek when my daughter has returned to uni after her weekend visit home.

[yourbank]

It certainly is pretty good and I'm sure the OP is delighted to have got something, but the point of my original post was to let her know that if it isn't enough to get her out of hardship, she can ask for more.

 

Speaking personally, my hardship lasted in excess of 20 years, and I'm sure I'm not alone in that bank charges were probably one of the main reasons for it due to the spiral effect.

 

I think the points made are now clear and fully explained for rachlouie, but if you want to continue to debate the issues on another thread Yourbank, perhaps in the hardship forum, I'll try and take a peek when my daughter has returned to uni after her weekend visit home.

 

The issue re hardship is about when income becomes insufficient to cover "reasonable living expenses and meet financial commitments as they become due;"

Reasonable living expenses would not include loans, credit cards, store cards, etc,etc, but would include mortgage or rent, council tax, utilities, HP on a car used for work, Income tax bill, or collectively known as priority debt arrears. Let's be honest, there are times when we are very very brassic but it doesn't necessarily lead to missing those essential payments. I doubt you have been evicted for the last 20 years or threatened to be imprisoned for the whole of the last 20 years.

Furthermore in advice give by the FSA to firms who use the waiver from March this year "a consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of Financial Difficulty"

 

So income minus charges lead to less money to pay priority debt arrears leading to arrears and therefore refund should be considered.

 

I hope that makes sense. As for the rest of the stuff. I think you know what I think of the financial hardship guide based specifically on the fact of innuendo and lack or real advice on what they need to do(thread announcing the guide is shut so can't discuss the issues in a constructive manner).

I assume, as a complete aside, that the washing machine has been on most of yesterday if your daughter is back from uni for the weekend

[caro]

The issue re hardship is about when income becomes insufficient to cover "reasonable living expenses and meet financial commitments as they become due;"

Reasonable living expenses would not include loans, credit cards, store cards, etc,etc, but would include mortgage or rent, council tax, utilities, HP on a car used for work, Income tax bill, or collectively known as priority debt arrears. Let's be honest, there are times when we are very very brassic but it doesn't necessarily lead to missing those essential payments. I doubt you have been evicted for the last 20 years or threatened to be imprisoned for the whole of the last 20 years.

Furthermore in advice give by the FSA to firms who use the waiver from March this year "a consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of Financial Difficulty"

 

So income minus charges lead to less money to pay priority debt arrears leading to arrears and therefore refund should be considered.

 

I hope that makes sense. As for the rest of the stuff. I think you know what I think of the financial hardship guide based specifically on the fact of innuendo and lack or real advice on what they need to do(thread announcing the guide is shut so can't discuss the issues in a constructive manner).

I assume, as a complete aside, that the washing machine has been on most of yesterday if your daughter is back from uni for the weekend

 

You can assume and doubt what you like yourbank, but you know nothing about my situation. You are entitled to your opinions and I'm entitled to mine which are based on my knowledge and experiences. We don't have to agree. This site is about empowering people by giving them information to make informed decisions.

 

Rachlouie is very happy to have got some of her money back. She has had a positive result, and we've both reminded her that she still has choices that she can make. Let's not spoil her moment of pleasure.

 

If you wish to add further to your issues over the advice on this site Yourbank, please do as previously requested and start a thread in the appropriate forum.

 

Apologies rachlouie for the hijack of your thread.

[dazzabambra]

well done ive just got all mine back its great to open up the website and seeall that money

have a very happy christmas

[bach]

Well done, oh, I am so happy for you, have a great Christmas

I'm sure you are going to have a really good year next year

Lynn

[caro]

If anyone feels that CAG has helped get their money back and can spare a little, donations are always appreciated.