Bank forcing me into debt

[Brick Driver]

I've run a search but I've not really found a definate answer to this. If you account is in credit prior to charges being taken which result in your account being taken overdrawn and further charges being added, can I claim these back using the hardship rule?

 

Basically, I have recently separated and because I was looking after my children full time I didn't work. So the bank putting my account in the red was not really what I needed right now.

 

Also I notice that Natwest isn't one of the banks listed as taking part in the test case so can I proceed to claim back off them?

 

Thanks

[gemspan]

Hi Brick Driver

 

What do you mean by the hardship rule?

 

I understand that the courts are staying all claims in relation to charges but the banks are being allowed to keep charging. Its appalling, especially for the likes of you who needs all the money you can get at the moment.

 

I would suggest that you write the bank a letter advising them of your circumstances or, better still, go in and see them. Its often harder for them to refuse to refund if you are in front of them. One of my friends got £340 refunded last week by making an appointment to go in and see the bank.

 

I think NatWest fall under RBOS!

 

Good luck

Gemspan

[Brick Driver]

Thaks for the reply. In refference to the hardshirp rule, isn't this where you can apply to the cours to have the stay lifted if you can prove hardship? Or am I barking up the wrong tree?

[rory32]

Actually it is the FOS who will continue to support cases where hardship is a factor.

 

This direct quote is taken from the FSA Press Release, dated 27th July:

 

"The FSA also expects firms to continue to help their customers avoid incurring unauthorised overdraft charges in the first instance and to continue to deal with hardship cases."

 

and this in the FAQ's:

 

"Consumers who are in very difficult financial circumstances - 'hardship cases'

 

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

 

Clearly, where a bank fails to deal with a case involving "hardship", the FOS will be expected to intervene - AND the FSA may also consider withdrawing the waiver.

 

Full press release:

 

FSA grants waiver to firms on complaints handling

[Brick Driver]

MAny thanks

[ja-de]

Are you claiming any benefits? Income Support etc, if so, you need to have this letter, to hand in to your bank before your money goes in. Right of Appropriation