can RBS default me after issuing a CCJ

[ukaviator]

Hello

 

Welcome to CAG. If you are unable to meet your basic needs with the money you have coming in, or if you are facing repossession, arrears or non payment of council tax/fines, your income has recently fallen by over 45%, or if you live solely on benefits, this is classed as hardship.

 

The main points are to get your claim going are:

 

1) Get your bank statements or transaction lists for the history of your account from your bank. Use the Data Protection Act Subject Access Request letter to do this.

 

2) Input all your figures on the simple interest spreadsheet, with the dates and reasons for the charges.

 

3) Send your preliminary request for repayment letter and include some information about your hardship and a basic outline of your circumstances.

 

4) You should receive a letter back from the bank telling you about the test case. This might have an income/expenditure form with the letter from them, if they have looked at your hardship request. If so, complete the form and attach evidence as requested, then return it to the bank. If they havent sent the form, then write back to the bank reiterating your request and concentrate on the hardship aspect of your claim.

 

5) Give them a couple weeks to reply. If you have'nt heard anything after say 14 days, then telephone the bank to check that they are dealing with your claim under hardship.

 

The bank has 8 weeks from when a claimant informs the bank that they believe they are a hardship case. You don't have to put in a separate complaint to your bank about the hardship element of your claim.

 

If the bank goes over the 8 week complaints time limit, the Financial Ombudsman will take up your case. In the instances where a bank does not agree that a claimant is a hardship case, then go straight to the Financial Services Authority, who will look at your claim. If they agree you have hardship status they will make a reccomendation to the bank on whether they should refund the charges.

 

The hardship criteria the Financial Ombudsman Service would use is the Financial Services Authority waiver guidance. These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

 

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

 

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).

 

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

 

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

 

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

 

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

 

You have nothing to lose by doing this, as the FSA Waiver states :-

 

 

(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;

 

 

ALSO

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

 

If you have a stayed claim, then written on the defence, you should find a contact name and telephone number for the person in the Bank's legal department, who is dealing with your claim. They should be the first point of contact for you to start your claim for hardship.

 

Hope this helps. . .