Claiming back bank charges - Hardship cases - Help needed please

[daddygeorge]

Is State Pension an Income related benefit? My wife gets less than £30 pw and I get the rest in Pension Credit.

[angnnig]

Hi all,would we be able to use the social security act letter 1992 as we are on child and working tax credit and a low income.thanks ,regards angnnig

[Goldlady]

I did angnnig, against the Halifax, and got about 90% of my charges back.

[angnnig]

Hi Goldlady,thanks for your reply,I bet you were well pleased and shocked at the same time its not like the banks to give in so easily.I,m claiming against yorkshire ,they are well taking the p** out of us ,they owe us nearly £2000 in unlawfull charges,and keep on charging.I will deffo give it a try now though.wish me luck .kind regards angnnig

[steven4064]

GL

 

Was that before the test case, though?

[Goldlady]

It was before the outcome of the test case but as far as I can remember it was after the test case had started.

[Angel736]

I found out today that there is an act of parliament that overrides the stay for hardship see below:

 

in July 2007 the Office of Fair Trading agreed with seven major high street banks to a test case to determine the legality of Bank Charges. This effectively has put all claims on hold until the case is decided. However, there is an Act of Parliament which over-rides this if you are in receipt of any of the following benefits.

Income Support

Tax Credits

Child Benefit

Job seekers allowance

Incapacity benefit

Disability living allowance

Attendance Allowance

CSA payments

Other DWP payments.

These benefits are granted to stop hardship and are designed to meet basic day to day needs, and are protected under the Social Security Administration Act 1992 sub section 187. This stipulates that the bank can not apply any charges to money received as benefit, and any such charges are unlawful and therefore disallowed.

 

Hope this helps

[angnnig]

Hi all,Like a lot of people on here my claim for unlawfull bank charges is on hold.

So after reading this section on hardship I contacted my bank by letter explaining that I am experiencing severe hardship and recieving benefits ,so could really do with the charges they owe me.I sent copies of all the proof that i,m in arrears with ,ie mortgage and houseold bills . 2 weeks later I got a partial result and they sent me a cheque for £315 of the £1,900 they owe me, and stated, me accepting this offer wouldn,t affect my right to be compensated by them for the rest of the charges .I am pleased that i got a partial payment, but I,m thinking of trying to get more as we are so far behind with everything,due to my partner bieng ill and having 3 young kids to support,

any advice much appriciated thanks.regards angnnig

[buffy71]

Hi,

I began to reclaim my bank charges from HSBC in April 2008 the total to date is just over £4000. In Feb this year I had and operation and am unable to return to work as I cannot do my duties but I cannot claim any benefit so I am having extreme financial hardship as my mortgage payments are more than half of my husbands pay leaving us (a family of 4) with only £70 shopping a month. I have claimed hardship and the bank phoned me this morning, Mon 22nd Dec 2008, to discuss this explain that I have proved my hardship.

 

They asked me what arrears I owe and even though they will phone me back in the morning, the impression I got was that I would not see any of the monies owed that it will go straight to my arrears to bring my debt up to date. My arrears at present are with my water rates £250 and one missed mortgage payment of £572 also charges on my mortgage of £841 accumulated throughout the year which has been added to my balance! If Hsbc pay these arrears then I will not benefit immediately from the monies as these arrears from my mortgage will be added onto my account in January and since the interest rate has gone down I will not feel the increase.

Has anyone had the same experience and did they get the money?

 

The bank took the money straight off me in the first place they should give me the money back to do with it as I see fit not for them to decide what I should pay the money to!

 

Please help!!

I need the cash not the arrears paid off as I have come to agreements with my creditors and will be sorted in two months. If they pay these off they will have paid out the best part of £1700 that will not help my financial situation. As the cash could!! And what happens to the rest of the monies owed, will I get that back as well?

Thanks

Edited December 22, 2008 by buffy71
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