NIGEL 1804 back for the rest.

[caro]

I misread it. I thought you were enclosing a copy of the DPA. I don't think you need to mention that at all for this purpose.

[nigel1804]

Ok Caro many thanks, sorry for delay in reply my internet has been down so delayed my reply.regards Nigel

[nigel1804]

Just to let everyone know I have filed my N1 and have been allowed court fees paid after a lengthy 4 visits to the courts. The staff at Leeds are excellent. I'd like to mention one guy in particular but I don't know if I can.?

 

I have asked the judge that a stay of action not be placed on the case due to hardship so will see the out come of that.......

 

Just to let everyone else know. If you have filled in the ex160 form make sure that everything adds up precisely. If you are filling it in and are claiming the benefits then proof will be needed and I think that will be all you will need. But if you are filling in section 4 and I should think section 5,you will need proof of bank statements, if filing as a couple both parties statements, any monies going into the account will have to have proofs of. ie mortgage protection or loan protections if they are paid to you first, if they are paid direct to the loan company then I don't think that counts. You will need letters of proof, even if your son pays you board then they have to write a letter to say that they are paying you ex amount per month and sign it. Any benefits you receive ie child benefits they will want to see proof of.......so just take heed it will save you a lot of trouble.

 

Hope this info might be useful ,this is my 5th time at this so here goes.

 

Just thought it might save a few trips backwards and forwards for people if I shared my experience with you guys.

 

regards nigel:cool:

[caro]

Thanks for the advice Nigel and fingers crossed for you.

[nigel1804]

Hi again everyone, just had a reply back from the bank. Its a long winded letter explaining how they think that the fees are fair and that they have asked for the normal timetable for dealing with these types of complaint are on hold and that they feel it only right to" resolve the key legal issues before they decide how they should respond to my complaint". MMMMM starting to sound more like a fob off letter to me. there is a paragraph here.." you should be aware that if you choose to issue a claim in the courts the bank will immediatly apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT." Well isn't that why you are replying to me now because that is exactly the reason....I have proceeded through the courts?.

 

They then are saying that they can not see "any clearsigns " that I am experiencing any financial difficulties with the information they have. They want me to fill in a "common financial statement" showing my current financies and that I should seek an independant non fee paying third party debt management company. :evil:"Why?." do they know my situation better than me.?. They then go on to say that on receipt of my completed form they will make an assesment of my situation in accordance with our responsibilities under the banking code.

 

Now...! anyone that has had the good grase to stay with me on this ..does anyone know what my next stage is.? Do I reply to this to show good communication between me and the bank, or do the courts decide that there is a case of hardship and continue with the proceedings. This letter looks like the letters that fobbed you off in the old days before the OFT case. Has anyone been at this stage under hardship cases if so do I just wait to see what the courts say?.

 

Manythanks guys...regards nigel

Edited April 16, 2009 by nigel1804

[yourbank]

Nigel you complete the income and expenditure form and send it back to the bank. Your case will be stayed by the courts.

 

EDIT: There is no exemption to a legal case based on Financial Hardship. I am sorry you have been advised/given posts to suggest that there is some kind of exemption at county court. That advise is not based on fact.

Edited April 17, 2009 by yourbank

[nigel1804]

Hi again everyone I have received their defence today with an allocation questionaire. it has written all over it £200 fee payable. Now the courts have already agreed that my court fees will be paid due to hardship so I won't have to pay this fee correct or not.??

 

there is another part (F) Directions in the questionaire that I'm not sure about...! In the libraries it shows a template with several points in it do I do a Word copy of that and put attached to the questionaire.?

 

As my claim is for £5,128 that includes interest s69 should I ask for it to be put through small claims do you think as it is just over the 5k limit.

 

 

 

 

Regards Nigel

Edited April 18, 2009 by nigel1804

[caro]

You'll probably need to prove you're exempt again Nigel, but now you know what's needed for that.

 

Interesting that the court believe you're suffering hardship but the bank don't. Are HBOS saying that if you complete the form they will consider your claim for hardship further? If so it would be worth going down that route.

 

In the meantime though, complete your AQ too, then at least your claim will still be in the system if they don't play ball. HBOS are not so amenable regarding hardship claims as they were a few months back.

Edited April 18, 2009 by caro

[nigel1804]

Thanks Caro,they have asked me to fill in this form so it will give them a more accurate view of my circumstances the information "will allow them tomake a more comprehensive assessment of my circumstances ." so you may be right I'll just give them the same info as the court's and will check with the courts as it is the same case that I am excempt from these fees. Can you help with the other questions on the AQ regards Nigel

[yourbank]

Nigel is remission based on concession 1, 2 or 3?

[caro]

This link gives guidance for N149 and N150 AQs Nigel. http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-.html

[nigel1804]

Hi yourbank, when I filled in my ex160 at great length with the boy at the courts I filled in part 4 "Full remmission based on gross annual income" this was accepted by the court house and the case was filed. But when I got the Notice that a defence had been filed the allocation questionnaire somebody had wrote £200 fee payable.....!!!!!!?

 

I will ring the copurts and ask about this in the morning.

 

Not sure about part F Proposed Directions in our libraries there is an template to use but do I use all of the template that is there. Would I also put in the directions about asking the stay not to be applied under the grounds of hardship.? thanks you guys but HELP. regards Nigel

 

P.S. I am also filling in the banks question on hardship income would it be wise to point out in a letter to them that they are receiving the same info as the courts and that they have agreed to my court costs exemption under the hardship terms.

Edited April 19, 2009 by nigel1804
forgotten paragraph.

[yourbank]

Hi yourbank, when I filled in my ex160 at great length with the boy at the courts I filled in part 4 "Full remmission based on gross annual income" this was accepted by the court house and the case was filed. But when I got the Notice that a defence had been filed the allocation questionnaire somebody had wrote £200 fee payable.....!!!!!!?

 

I will ring the copurts and ask about this in the morning.

 

Not sure about part F Proposed Directions in our libraries there is an template to use but do I use all of the template that is there. Would I also put in the directions about asking the stay not to be applied under the grounds of hardship.? thanks you guys but HELP. regards Nigel

 

P.S. I am also filling in the banks question on hardship income would it be wise to point out in a letter to them that they are receiving the same info as the courts and that they have agreed to my court costs exemption under the hardship terms.

The answer is no. From reading the booklet on EX160, the court does not count certain income that the bank would take into consideration(which is probably why they have different measures on Financial Hardship).

[nigel1804]

Ok thanks yourbank. Do you have any help on the Part F "proposed directions" when filling in the questionnaire.? Its not clear to me wether I just copy and paste this into a word document and attach the whole lot to the questionnaire. Should I also put the following letter ( which is a copy of what I sent to the courts) in with the banks "Common Financial statement" spread sheet of my finances.?

 

In Leeds County Court.

(Claimant) and H.B.O.S Bank (Defendant)

 

Dear Sir/Madam,

 

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

 

I am currently self employed and had a poor financial year 2007-2008.Since the 3rd June 2008 have not been able to work due to injury. I have full doctor’s certificates and have made provisions in the past for such an eventuality with Mortgage protection and loan protection insurances. I am currently struggling on my working tax and family tax credits only and the help of my pensioner parents. I have recently been behind with my mortgage by three months and my council tax is in arrears by two months.

 

I am currently looking towards Incapacity benefit.

 

My situation hasn’t been helped by the bank continually charging extortionate amounts from my account.

 

I am currently experiencing hardship and as such believe it should be exempt, under the waiver of July 2007 and continuation of July 2008 from the stays that are being imposed due to the current test case between the OFT and 8 banks.

 

 

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

 

 

Yours Faithfully

 

 

Enc; Financial Statement.

 

I give my permission for you to process/use data related to me, in the course of processing my claim to a satisfactory conclusion.

 

Signed Name

 

Date 19th February 2009

 

 

many thanks for the help everyone.

Edited April 21, 2009 by nigel1804

[nigel1804]

Could someone help with above last post post please?

 

I have also found out that,if you are asking for remission on your court fees. Every time you have a fee against your case you have to be able to proove that you are eligible at each stage. I.E. If you put your claim in and they agree to you being excempt from the fee. When your allocation questionnaire comes mine is n150 so its supposed to be £200, then I have to do another ex160 form with relevant proof (as previous) as at the start of the claim........Nothing is ever simple is it.

 

Many thanks everyone.

 

Regards Nigel

Edited April 20, 2009 by nigel1804

[nigel1804]

Any help here anyone.?????????regards nigel

 

Dear Sir/Madam,

Thankyou for your communication dated 8th April 2009.

 

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

 

I am currently self employed and had a poor financial year 2007-2008.Since the 3rd June 2008 have not been able to work due to injury. I have full doctor’s certificates and have made provisions in the past for such an eventuality with Mortgage protection and loan protection insurances. I am currently struggling on my working tax and family tax credits only and the help of my pensioner parents. I have recently been behind with my mortgage by two months and my council tax is in arrears by two months.

 

I am currently looking towards Incapacity benefit.

 

I would also ask that any charges applied to the account since the last charge dated on my claim (8)), the last date being 17th February 2009, to the date this claim be settled, to be taken into consideration.

 

I am currently experiencing hardship and as such believe it should be exempt, under the waiver of July 2007 and continuation of July 2008 from the stays that are being imposed due to the current test case between the OFT and 8 banks.

 

 

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

 

 

Yours Faithfully

 

 

Enc; Financial Statement.

 

I give my permission for you to process/use data related to me, in the course of processing my claim to a satisfactory conclusion.

 

Signed Name

 

Date 20th April 2009

 

Should I also ask in the above hardship letter to my bank for any bank charges that are taken out after the last bank charge in my claim date (17-02-09) to also be returned or taken into consideration as this is their internal hardship investigation that I am appealimg to.

 

Refards nigel

Edited April 21, 2009 by nigel1804

[nigel1804]

Or well sent everything off to bank for their consideration of my hardship. I understand there are different reviews in the case of hardship.

1. If your outgoings are higher than your incomings.

 

2. If you have had more that £500 of charges in the last 6 months

 

3. If you are having to use a credit card to pay for every day living.

 

I suppose all these have to be prooved of course.

Or well lets see then.

[yourbank]

Looks a good letter Nigel, hopefully there will be a positive response.

[nigel1804]

oh manythanks yourbank.

 

regards Nigel

[nigel1804]

Ok the bank have had my hardship details a couple of weeks now so should I start pestering them for the my monet back now. They continue to charge me while this is going on amd I have asked them to take into condsideration all these charges as well. Anybody else gone down this road of hardship direct from the bank. I continue with my court case aswell AQ to be in by 11th May.

 

regards Nigel

[nigel1804]

Hi everyone . Just rang Halifax with regard to my hardship case. Does anyone out there know a handy HOTLINE NUMBER that would get me through the relevant department. They keep telling me someone is looking at it ,but how sort of true do you think that is. I don't know if its just a fob off answer. They have now had my details 4 weeks, Help, regards nigel.

[nigel1804]

Hi again , I understand from Martyn Lewis that hardship can be applied on three possible situstions:

 

1. If your outgoings are greater than your incomings

 

2 If you have had more than £500 in charges go out in the last 6 months

 

3. And if you are having to use a credit card just to exist on your every day outgoings.

 

Are these correct..????????

 

Does anyone have experience of claiming back charges on the grounds of hardship.

 

I rang the bank today to find out more on my case, they are sending me a letter and if i don't agree with the letter then there is a direct phone number to ring on it . That might be one of their fob off letters or one of these that go on to pay your creditors direct and you have the rest .....not sure . I believe some people have had this happen could anyone out there give advice on there experience and how they dealt with it.

 

regards nigel

[yourbank]

Hi again , I understand from Martyn Lewis that hardship can be applied on three possible situstions:

 

1. If your outgoings are greater than your incomings

I think the quoted bit at the end of the post covers this.

2 If you have had more than £500 in charges go out in the last 6 months

"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)."(part 2.vii of the FSA Waiver on Bank Charges)

 

3. And if you are having to use a credit card just to exist on your every day outgoings.

That doesn't necessarily mean you are in financial hardship.

Are these correct..????????

 

Does anyone have experience of claiming back charges on the grounds of hardship.

 

I rang the bank today to find out more on my case, they are sending me a letter and if i don't agree with the letter then there is a direct phone number to ring on it . That might be one of their fob off letters or one of these that go on to pay your creditors direct and you have the rest .....not sure . I believe some people have had this happen could anyone out there give advice on there experience and how they dealt with it.

 

regards nigel

 

 

The overrriding principle of the FSA Waiver on Hardship is this:

"For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;"

 

I think you need to wait for their offer and go from there Nigel.

[nigel1804]

Thanks yourbank. Well I for one have been struggling "to cover reasonable living expenses and meet financial commitments as they become due;" I have had somewhere in the reagion of £500 in bank charges in the last month:evil:. Its not done deliberately I just find my self injured at the moment with doctors certs since last June. Will let you know what the letter says.......I did ask for all cherges to be considered right up to settlement of our discussions.......and I have filled in my AQ to court and will be asking for a refund of my court fees due to my child benefit letter and tax award being out of date. So just waiting for them to come through. thanks everyone

In fact I am in a worse situation than when I got £9,000 back from them after taking them to court for previous charges. Any company that settles out of court and does so many times, must feel some form of guilt even when not accepting liability...........

 

Regards

Nigel

[caro]

Any company that settles out of court and does so many times, must feel some form of guilt even when not accepting liability.......

 

Having watched Dispatches earlier I somehow doubt it. Dispatches - Channel 4