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Help Needed - Halifax Hardship Claim and FOS

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Hoping someone might be able to advise me. It's a bit of an epic story so will try to put in a nutshell.


I have been on sickness benefit and tried to claim back charges on my Halifax Current Account (the reward one with the huge charges applied). They refused my claim and I then made a complaint to the FOS.


The FOS took months to investigate and have now said that, even though they are not questioning that I am suffering severe financial hardship, Halifax are under no obligation to refund any bank charges.


I wrote back to the FOS quoting the FSA stating that banks must still make sure to deal with hardship claims under the waiver but the FOS replied saying that this relates to dealing with clients sympathetically and has nothing to do with refunding charges.


The CCCS wrote to Halifax a few months back saying that I am in severe financial hardship and that they advised I should be entitled to a refund of charges but again the FOS say that the bank still does not have to refund.


I was given the £100 overdraft without requesting it (it just appeared on my account one day) and all fees relate to this overdraft but FOS say that this is neither here nor there, and the fact is I used the overdraft and so am liable to pay the fees regardless if I am in hardship or not.


Just really needing advice is there is anything I can hit back with or if I have no grounds to take this any further and should accept the FOS decision?


I was going to try the 'Right of Appropriation' route in my next letter to the FOS as all income is from benefits and therefore should not have been taken in charges but not sure if I can do this.


I really just need to know if the FOS are correct in saying that even though I am suffering severe finanical hardship (as supported by the CCCS) Halifax are still not under any obligation to refund my overdraft charges under the waiver?


Thanks very much in advance.

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