Jump to content

Claiming under Financial Hardship from HSBC

Recommended Posts

Yes outgoing is £2488. Disposable income is nil as she often use her credit cards to support to balance up every month and the bank is aware of this.



The bank had said it that FD is not applicable in their letter last year but she lodge it with the Ombudsman this year.



If this seems to be difficult to claim, can she reclaim the £80 that was charge around May 2015 SINCE she already informed hsbc of her financial difficulty though they said she was not eligible to FD claim last year but do they still have the right to continue to charge her.

Share this post

Link to post
Share on other sites

Hi Tessy,


I've been giving this more thought and think you should go back to the FOS and ask for a review by an Ombudsman.


Firstly, send the FOS an email immediately confirming that you intend to seek a review and will write further within 7 days


You could complain that :-


1. The Adjudicator refers to the bank's suggestion that the charges were properly applied according to the Supreme Court ruling on bank account charges and acknowledges the bank issued an Income and Expenditure Budget Planner.


2. The Adjudicator confirms the bank received the Budget Planner but notes that you "didn't get in touch" with the bank.


3. Even if the bank considered the older default charges to be properly applied at the time, the Budget Planner surely disclosed ongoing Financial Difficulty.


4. The bank had an obligation under The Lending Code to recognise a customer in Financial Difficulty. Section 224 says, "Subscribers should consider reducing or stopping interest and charges when a customer evidences that they are in financial difficulties."


5. The Adjudicator failed to mention the bank's obligation to identify a customer in Financial Difficulty should have applied when the Budget Planner was submitted. The Lending Code Sections 178 to 186 refer.


6. You consider the bank had a duty to act both proactively and reactively to your communications and you should NOT be penalised simply because you failed to contact the bank by phone.


7. Accordingly, you would like the case to be reviewed by an Ombudsman.


8. In the meantime, the bank should be instructed to stop adding interest and default charges.


Adapt this as necessary if you agree and get the letter off to the FOS.



We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            Have we helped you ...?  Please Donate button to the Consumer Action Group


Please give something if you can. We all give our time free of charge but the site has bills to pay.


Thanks !:-)

Share this post

Link to post
Share on other sites

Thank you Slick for the information. Much Appreciated. I shall keep you posted !

Share this post

Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
  • Create New...