kashie V Barclays **Hardship partial refund made**

[kashie]

Court date 14th August Cardiff.

 

Anyone else??????

[why!!!!!!]

hiya,

take a look at this thread http://www.consumeractiongroup.co.uk/forum/barclays-bank/88461-directions-hearing-14th-aug.html

claire

[kashie]

thank you claire much appreciated.

[kashie]

Managed to speak to Krysta Campbell this morning, about settlement, she is the one actually dealing with my claim - she says she is currently dealing with the june claims at the moment and advised me to phone back in two weeks.

 

I think it all depends on who is actually dealing with your claim as to whether they settle immeadiately.

 

So worth a try roll on two weeks time!!

[kashie]

Rang Krysta last friday, recorded message - leave a message she will get back to us! Did that and emailed, no response, think it might be a bit soon for settling as when i spoke to her a couple of weeks ago she was dealing with june clalims.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94602-barclays-litigation-team-good.html try emailing Dino

[kashie]

Thanks saintly - just did that!

[kashie]

Just had response from Dino - what a whiz! He says he has forwarded it to Krysta and will speak to her first thing in the morning when she comes back in.

 

Maybe she has had a few days off?

 

Fingers crossed anyway and thanks again Saintly.

[saintly_1]

your welcome Kashie

[kashie]

Just an update - Claim stayed and directions hearing vacated as of the 2nd August. Application for lifting stay sent off on the 4th. Numerous letters sent to MP, MoR and OFT, complaining of situation.

[kashie]

Stay application refused

[slick132]

Kashie,

 

Sorry to hear this. Time to concentrate on getting your BC claim unstayed !

 

I've posted you over there already.

 

Slick

[kashie]

Hi advice needed.....watched Martin Lewis this morning on GMTV, he says that stays are being lifted on the grounds of hardship.

I sent in a removal of stay application in July last year stating that my case was a hardship case, though not really going into any major details. I was wondering if, because this was rejected back then if I could reapply for the lift, or whether I could just go to the Ombusman to look into this for me. My circumstances have not changed and we have been in recipt of benefit for over six years, my husband is disabled and I was in full time education, which I had to give up to care for him and my children as the eldest has autism and the youngest has severe speech and language difficulties. We are currently dealing with the CAB to help repay credit cards (charges already reclaimed).

I want to know which way I need to go to lift the stay - Martin Lewis said this morning to get in touch with the bank and if they don't comply to get in touch with the Ombusman, is this correct??

[slick132]

Hi Kashie,

 

It's too early to say with any certainty, but I doubt if getting a Stay lifted now will be any easier than before last Thursday's OFT case ruling.

 

Hardship cases should not be, or should not remain, Stayed but judges have not been at all supportive in lifting Stays.

 

If we thought it was easy to do, and likely to succeed, we'd be advising many people to try and get the Stays lifted. However, we've seen too many pay court fees for the Hearing and still get no joy.

 

From what you say, your circumstances are difficult but that may not be enough.

 

During the period over which charges were taken by the bank, were you receiving ONLY benefits or did you have some other income.

 

Personally, I think you may have a better chance going to the FOS rather than court, but it may well be a slow process.

[kashie]

As far as I can remember we have been in receipt of benefits since 2000, so yes they would have been benefits only, apart from my student loan, which was paid on a termly basis. Reading notes on the FOS, I thought this was only supposed to take 3 weeks???

[slick132]

Are charges still being taken by the bank from benefits income or have you managed to avoid charges recently.

[kashie]

I hae tried to be careful but they have since grabbed a further few charges more recently - yes!

[slick132]

You have a few options :-

 

1) Wait until the OFT case is settled, appeals and all, then get your refund + interest.

 

2) Take your complaint to the bank and ask that they review your case as one of significant and ongoing hardship as charges have been, and continue to be, taken from benefits income.

 

3) Go to the FOS and ask them to review your case because the bank has refused to do so.

 

If you decide on 2 or 3, bear in mind there may well be a long struggle to prove hardship and have your case reviewed.

 

I don't think the court will reconsider your case favourably and this would cost you additional fees.

[kashie]

Hi advice needed.....watched Martin Lewis yesterday morning on GMTV, he was saying that some banks are paying part payment of claims on the grounds of hardship.

I sent in a removal of stay application in July last 2007 stating that my case was a hardship case, but this was rejected by the court. I have been on the moneysaving expert site and been given advice that I should contact the bank direct. As this site sometimes do things slightly differently I was wondering if this is the right thing to do?

My circumstances have not changed and we have been in recipt of benefit for over eight years, my husband is disabled and I was in full time education, which I had to give up to care for him and my children as the eldest has autism and the youngest has severe speech and language difficulties. We are currently dealing with the CAB to help repay credit cards (charges already reclaimed). And over the winter period had close on £800 arrears for heating due to central heating breaking down.

I want to know what I need to do and whether there is a template I can use to help with contacting the bank (if I have to) as I am always afraid I might say the wrong thing which might ruin any chance of gaining anything.

kashieView Public ProfileSend a private message to kashieFind More Posts by kashie

[yourbank]

Hi advice needed.....watched Martin Lewis yesterday morning on GMTV, he was saying that some banks are paying part payment of claims on the grounds of hardship.

I sent in a removal of stay application in July last 2007 stating that my case was a hardship case, but this was rejected by the court. I have been on the moneysaving expert site and been given advice that I should contact the bank direct. As this site sometimes do things slightly differently I was wondering if this is the right thing to do?

My circumstances have not changed and we have been in recipt of benefit for over eight years, my husband is disabled and I was in full time education, which I had to give up to care for him and my children as the eldest has autism and the youngest has severe speech and language difficulties. We are currently dealing with the CAB to help repay credit cards (charges already reclaimed). And over the winter period had close on £800 arrears for heating due to central heating breaking down.

I want to know what I need to do and whether there is a template I can use to help with contacting the bank (if I have to) as I am always afraid I might say the wrong thing which might ruin any chance of gaining anything.

kashieView Public ProfileSend a private message to kashieFind More Posts by kashie

 

There is one of three people that advised you of that on MSE(either me(natweststaffmember), esmerralda or Orford--think I got all the usual suspects covered ). Do not attempt to get a stay removed because the courts will not remove them. You do need to approach the bank again.

[kashie]

Thank you for prompt reply but are there any letters that I can use to follow for enquiry?

[yourbank]

I would adopt the standard approach and specifically mention why your claim should be treated as hardship

 

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

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)."

 

One from 2(a) and as many as possible on 2(b)

[slick132]

Hi Kashie,

 

See here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/117-letter-for-an-application-for-consideration-for-hardship.html

 

[kashie]

Fantastic thank you - will let you know how i get on

[kashie]

Just an update - it's taken me this long but I have posted off case for Hardship today.

Tried to email to various Barclays employees using emails from back in 2007, but all must have changed as all addresses were rejected.

How long do i allow them to respond??