Lose the Shabbey Habit

[MARTIN3030]

With regards to claiming for hardship. I will be unemployed as of next Monday.

I have a stayed claim with LloydsTSB. Who do I get in touch with regarding a hardship claim? Would it be Sechari Clark & Mithcell, the solicitors acting on their behalf? Or Lloyds TSB itself? If it is Lloyds TSB then which actual department. Because I don't want them passing the buck around various "departments" trying to stall any claim. Any advice wouldb be appreciated.

JSS:confused:

 

 

When you say stayed-do you mean its in the Court system ? Use the temp letter and form from the link above.I would send to the Bank since this is within the FSA guidelines.The FOS will only intervene if the bank fails to listen and act.Use the contact/address on the last communications that you had from them.

[boston3603]

I am in a mess.

5 months ago I had to go to CAB to sort out creditors. The Abbey Overdraft, being one of them. I have been paying my creditors every four weeks and am quite proud of myself as I suffer with depression so all this has certainly tested me. 5 months ago, I almost killed myself and ended up at my psychiatrists WHo sent me off to CAB.

Abbey wrote and told me that , at some stage, my debt(O.D) would be passed on to a debt collector. ( abbey owe us 11.000.00 and we owe 3 grand on the overdraft. ) We set up a new account with Nationwide as recommended.

3 weeks ago I got a letter from SQN acting on abbEys behalf asking if I would like to settle, in full, at a much reduced rate. Well, of course I cant. Same day I had another letter from them agreeing to take over the payments I had been making to ABBEY. I AGREED IN WRITING AND THEY HAD INDEED ACCEPTED MY LATEST PAYMENT.

TODAY, I GOT A LETTER FROM THEM SAYING I AM TO MAKE NO MORE PAYMENTS TO THEM AS THEY NO LONGER HAVE MY FILE. :roll:I phoned up and asked what was going on to be told that Abbey has instructed them to stop dealing with me. Of course, I cant talk to anyone about this til Monday. GRRRRRRR.:evil:

Is this a sign of Abbey rethinking my claim against charges? 0r...if not..

 

Who do I send my payments to reduce the OD to now?? I am thinking direct to Abbey.

 

My other question is...through hardship..if Abbey pay up % of charges (oft case), does it go into the abbey account, the nationwide or paid by cheque? We dont bank with abbey although the account is floating around as is in dispute, I sent back cut up cards, so how would I get to the money in order to settle with my other creditors, as all payments have to be proportionately shared??:-?Oh Gawd. All this on top of claiming back acc. cover with kays, which I never took out. Sorry to ask, I try not to as everyone is in the same boat. Any thoughts, advice would be most welcome.

Thank you

Hazel

[Goldlady]

Hi Hazel, it sounds like you have got to grips with all of this which is brilliant. I have had similar battles and also suffered with depression as a direct result.

 

My thought on the Abbey situation though is why are you trying to pay them anything? Or was the 11k a misprint? If not and you are no longer using the account I would not pay them another penny. I suspect that is why the DCA have backed off as well. We have similar situation with LTSB (or rather now the Halifax building society, Bank of Scotland, Lloyds, Trustee Savings Bank) where they owe us £2k and we owe them £1k. So every time they threaten me I threaten them back:D

 

I would think that Abbey will take their debt off before refunding the charges to you - not sure how you can get round that one.

 

Keep on battling - you will get there in the end:)

[boston3603]

Hi.......Thank you so much for replying.

I was under ther impression that, because the 0D debt is owed, I had to pay it. CAB advised this.

So should I be making payments then seeing as our account is in dispute? I am so worried about not making a payment in case they come back and say we are defaulting and then send us to court.

Looks like we will have to use hubbys bonus to go bankrupt at christmas as the stress is doing me no good. I do gather some courage up though from reading the forums.

I am determined though, for once, not to be beaten down. Hubby is useless so am doing this by myself.

[boston3603]

p.s.

yes.... 11 thousand

[boston3603]

one hell of a donation to this website.

[Goldlady]

How much are you paying them each month? I can see the logic in what the CAB have advised as long as it is not causing you hardship, but it is so unfair... Are they still adding interest on as well?

 

I was on the verge of bankruptcy when I discovered CAG and am now in a much better position!! I know several people who have done it and several more who are about to. I guess the biggest issue is whether you own your home. If you don't, or you haven't got much equity and you have all this debt dragging you down then it is probably the answer.

[boston3603]

Hi

I am paying £15 per month. We are struggling now because we have had to pay for my sons college transport as we live in the middle of nowhere. plus extra 300 quid towards study days etc. If the CAB added this onto our financial statement, we wouldnt be paying anything back to creditors!!

In one respect we are VERY lucky in that we do not own our home and have no assests. Many peeps here are a lot worse off, so it kinda puts things into perspective.

[boston3603]

Oh yes....they are adding interest....bless them

[Goldlady]

Well come the glorious day, if it ever comes, you should get that back too;)

 

One thing though, if you are due back 11k from Abbey you really should not go BR as that will disappear into the BR fund. How much do you owe in total, discounting the silly Abbey overdraft?

[boston3603]

40 grand. Ugh....please...dont ask how. Lets just say it started with the last recession back in 92.

[Goldlady]

Well ours was about 80 so please don't feel bad. OH and I have been self employed for 15 years and we had cards where they kept increasing the credit limit, usually when the staff wages were due. I call it irresponsible lending - we were paying the minimum payment by DD and they just kept giving us more money.

 

We have been very lucky as most of the cards were old and they could not produce the CCAs. And then we went after the bank charges and have had the money back, apart from LTSB as yet.

 

So don't feel guilty - I'll bet you had money thrown at you when you really needed it as well.

[TUTTSI]

Hi Hazel

I know you said that the CAB have said that you are not a hardship case. Did they define that as being under the FSA waiver rules or just their opinion, there is a difference.

 

If you are strugling with debts and owe loads and you are currently in arrears with say, mortgage/rent Abbey are actually paying out 65% of the claim at present under the presnt FSA waiver rules. Abbey's legal dept did ask if I wanted a chq sent or paid into my account, so I guess you could say you want it sent to you and then you can bank it wherever you want, somewhere where it will help you with your present predicament.

I understand your case is presently stayed by the court, if this is the course you would like to take this further let me know and I will help you further. This can be applied to all the banks not just Abbey. My own case with Abbey was stayed and I have recently been given a 65% interim payment which was really helpfull. Quite a lot of peeps have now had the same result and I do not see why you would not be able to receive this as well.

 

Regards

Tuttsi xx

Edited September 21, 2008 by TUTTSI
correction

[boston3603]

Hi Tuttsi and goldlady.

 

Thank you so much for your replies.

Just to clarify here...are we eligable for hardship? I am on incapacity ben. Son is on DLA, and we are relying on hubbys wages.

We are still falling into overdraft with new bank at certain times in the month and we have got close to going over OD once.

I thought we had to be in arrears or being threatened with eviction or court proceedings before being eligable.

Tuttsi, if you think going for hardship will get us out of a hole, even if all we do is go bankrupt, should we do it? It wont be long before at least one of our creditors decides to take us to court and the anticipation is doing me no good at all.

Thank you once again.

Hazel

x

[TUTTSI]

Hi Hazel

 

If I were in your situation you have nothing to loose but to complete a hardship claim. If you do not try you will never know. It may take 4-6 weeks for a response from Abbey so the quicker that you do it and get this together the better. If you want me to look at the letter before you send it either post it up here or PM and I will take a look.

 

I firstly did an income and expenditure statement, although my account is my name I did a joint one with hubby. Include all your incomes separately (itemised) ie Salary,incapacity, DLa for son etc etc. Then list all your expenses. I am guessing that your incomes will not match your outgoings and will show a deficit that is why you are finding things very tight.

 

Do an up to date spreadie of charges and interest.

 

A nice letter to Ronan - I have put his details at the base of the thread. Put you court claim number as a ref as well as you account no in the letter. Explain what has happened to you and your family, why you consider that you are a genuine hardship case as defined by the FSA waiver rules. ( my case was that hubby had two emergency eye ops last year making it impossible to work and we fell horribly in arrears with our mortgage and ended up with a suspended possession order) If you have any arrears on Gas, electricity, rent, mortgage etc etc... this is important. In your case stress why you case should be considered.

 

Include all evidences to show that you are in financial hardship, if you have any letters, court docs, arrears statements, if you have been charged any bank charges etc etc. Documents to show that you are receiving incapacity benefits. I followed the all the above and it worked. Be positive and try to be as accurate as you can on the income and expenses statement.

 

Here is the FSA waiver hardhip rules:-

 

If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties.

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.

 

 

If you have a stayed County Court claim then contact your Bank by phone, email or letter and see if they are willing to discuss and settle your Claim on the basis of your financial hardship. If you have a stayed claim then on the written 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 and they would be useful first point of contact for you.

 

If you are starting a new claim and are in financial hardship then please see the following guide to starting a new claim on hardship grounds.

 

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;

 

 

 

Ronan Coyle

Abbey National House,

2 Triton Square,

Regents Park,

London

 

tel..020 775 64398 or 020 77564306..

 

[email protected]

 

NW1 3AN

 

I will try and help as best I can.

 

regards

 

Tuttsi xx

Edited September 21, 2008 by TUTTSI
amendments

[boston3603]

Hi all.

 

An update,

.

Phoned abbey on the monday to tell them SQN had said they were told by abbey to close my account . Abbey said they did no such thing and that as long as I can afford to make the payments I can pay over the phone or send payments to my local branch.

I asked her about hardship and told her if the pressure is not lifted we will have to go bankrupt and by the time the oft case is over, abbey will lose the 3000 I owe as I will only have to pay £15 per month for a year. I now have the forms and am about to fill them in.

Thank you all for your help, hope you are ok, thanx to the advice I got over the weekend I was able to go to the beach with my little boy and relax. THANK YOU.:)

[boston3603]

Today is the 29th and I have spent all day so far filling in ABBEYS INCOME AND EXPENDITURE FORM...BLIMEY, what a chore. I think I have evErything in order, despite feeling like sh.....t. Got my sons virus. UGH.

Last three pays slips, stating that the overtime is not regular, so the wage is not consistent. DLA, INC. BEN, CTC and CB proof dating from when charges were taken right through to date.

A point to where our probs started, (abbeys fault). proof of debts, creditors, CAB advice, college forms stating extra payments for transport as we are in the middle of nowhere. Pscychiatrists name and number, statement to prove we are in our overdraft with Nationwide.

Reasons why we should be considered under the hardship rules etc.

Just have to photocopy everything and send off I suppose. BLAH BLAH, the usual!

 

Should I send a copy to the fos as they are also helping me with PPI against Kays:?:

 

I know its a struggle for everyone. But its only through reading all your cases and seeing all the brilliant advice and support, that I have got this far. Sorry to sound needy!!!!!!

 

Take care

 

Hazel:smile:

[TUTTSI]

Hiya Hazel,

 

I am really pleased to see that you have made a start on this as the quicker you send it in the quicker you will receive a decision.

 

I did my own Income and expenditure on a spreadsheet ( jointly with husband), so I could add my own narratives and that worked for me. But the banks are becoming more fussier at present, so to be sure best to fill in the sheet they gave you. Before you send it add up the income less the expenses to see if there is a deficit. Also make sure that you have covered all bases.

 

Photocopy all documentation x 3 (1 set for Abbey, 1 set for FOS and one set for you). It will not do any harm sending this to the FOS as well.

 

Remember, you have to spoon feed them with all the info to get their acceptance. When you have done the letter post it up here without your personal details so that I and or others can give some further advice and help.

 

Tuttsi xx

Edited September 29, 2008 by TUTTSI
amendments

[Mr lex]

Hi Hazel,

 

Just poking my head in to see how you were getting on ?

 

Any more news ?

 

Lex

[boston3603]

Hello Mr Lex

Very nice of you to ask. I SENT ALL DOCUMENTATION TO ABBEY REGARDING HARDSHIP, AFTER THEY SENT THE INCOME AND EX. FORM. That was on the 19 September. I did not send a copy to the fos as I figured abbey might contact me, but as yet, they have not. Do you have any idea how long I should wait as we are struggling.

I sent my usual monthly payment to abbey to reduce my overdraft as advised by the cab but after 6 months of doing this, they returned the cheque saying the account is closed. I suppose they are now trying to default me. The problem is they keep charging me for having an overdraft anyway, so I will soon be sent over my overdraft, hence more charges.

It has come to the point now where we need the money back to pay to go bankrupt.

Do I wait to hear from them or assume they wont contact? And should I approach the fos now?

Thanking you in advance.

Hazel

[MARTIN3030]

The procedure with the FOS is this;

Call them and explain briefly your situ-they will allocate you a complaint number.You can ask them to write to the Bank ...within a couple of days you will get a complaints pack from the FOS.In the meantime the Bank must respond to you following the FOS letter to them.

The complaints pack should be filled in and sent back to the FOS with any proof or docs.If you already have had a final response from the bank you can return it right away with a copy.

If the bank have taken adverse action while you are disputing the account,such as selling on debts defaulting or closing accounts-then this is in breach of banking codes criteria and also OFT guidance-you should complain about this too.

 

Many Courts are refusing to lift stays making decisions without hearings-its better to apply on notice using N244 and requesting a hearing-there is a charge but free for those who are eligible under fee remission.

Its advisable to submit the detailed waiver agreement which can be found on the OFT website.

I would also inform the FOS if the banks are opposing your lift of stay after you have made them aware you will be citing hardship.

[kevandmary]

Hi there, we have received an email from Abbey today offering 65% of our claim due to financial hardship. Has anyone refused a 65% offer from Abbey and if so did they increase their offer?? We are not sure whether to just take it and then claim the rest once the test case is concluded. Their email confirms we can put in a claim for the balance. If anyone has been down this road would be good to hear from you. Thanx

[enamae]

65% is the maximum that Abbey will pay out under the Hardship rules.

 

As stated accepting their offer will not prejudice the remainder of your claim, which will remain on hold until the conclusion of the OFT case.

[dec001]

Hi everyone,this is my first post hope to be of help and maybe get some as well-I am claiming £4500 from first trust,they made me a without prejudice offer of £1250 on the condition they deduct this from my mortgage arrears,I rang asking politely for an increased offer 50% of my arrears and 50% to my current account,the last letter said they would split the £1250 50-50,I rang again and said I settle for £2000 split 50-50,am I wise or just desperate(need the money)????

[dec001]

Hi me again would like to here from anyone in n.ireland dealing with first trust bank or even works on the inside,thanks