Do you think you are a hardship case that has been unfairly treated?

[jansus]

Please note in the post below I am of course not asking for personal details - just an idea of how many claimants think this may apply to them .

 

 

 

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through.

 

If you feel that SINCE THE WAIVER you have

1) appealed against a stay on this basis and been refused

 

(Just to clarify, the courts have a right to stay any case but banks should

not apply for a stay in cases of hardship.)

 

2) contacted your bank and asked to be considered on this basis and been refused

3) had been offered a settlement which has now been retracted

 

if you feel this applies to you please pm me or post details here. I am trying to help CRFX250 collect data to send to the FSA. He is trying to gather evidence in order to make them consider lifting the Waiver which is due for review.

 

Here is a link to the proceedure the banks were supposed to adhere to

 

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

 

And also an extract from the website announcement.

• Consumers who have received a final response from the bank/building society which does not include an offer
  Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case.
  
• 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.

__________________

 

This is also a useful thread to read Success at A and L via hardship case route

 

 

 

thanks

 

Jan

[therealslimady]

Hi there,

i think this aplies to me as i am on benefits due to illness and out of my £310 a month benefit I have to pay £114 to coop for a loan, and they still did not treat me as hardship case, my thread is in coop forum under 'therealslimady vs the ethical bank'

i guess i should now appeal against this decision but to whom should i aproach ?

[hollyjake]

Hi

This also applies to me, when I tried to sort all the overdraught charges, and their fees, and a lot of their own service errors on my accout, they admitted to making, they forced me into a managed loan, no way out the only option thay said, I am on sickness benefit, form july of this year, once the m/l was sorted I was in my local branch every week for their errors and charges they still were putting on my account, they admitted this was there errors, service errors, I have also lost my house due to repossesion, after all this, I ended up breaking down with a breakdown, I am sort of got myself back to normal, and the fight goes on

I had already sent my first letter to Hsbc, got a bog standard reply, but they said if they were service errors and admin errors they would look into it.

After the ml was set up, I made dam sure they were not going to put charges on my account anymore, and stil at there own admission again charges on my account they still tried to put on, every week I was storming into the branch and demanding these charges back, the local branch always refunded, and very helpful, I know the bank were making a mess of my account big style and they were their mistakes and openly admitted it, I have now just sent my LBA, stating I am claiming financial hardship, and also that I am following my complaint of many of their admin and service errors, I have told them that if they do not take my case seriously, then I will take my complaint to the fsa and oft, and then proceed to the courts, and any stay which is impounded on my case, I will appeal, by also sending the courts information and prove of all there mistakes, and that mine is also a hardship case, I now am going to put the pressue on Hsbc, until they carve in, over the last 5 months I have put complaint in after complaint to them, and when they slip another charge on for no reason of my own, I ring them, send an email and go into the branch, without no argueing, they straight away take the charge off, this happened again 10 days ago, they put a charge on for 26.00, I rang them, they took it off straight away.

Also when i was forced into my m/l they took my switch card off me and my o/d and cheque book, charged me 58.00 for this, I complained, screamed and shouted at them 2 weeks ago, as a gesture of goodwill, they refunded me, I now have a solo card, and told them I wanted my cheque book back and got it.

Anybody any ideas whether I will get my charges refunded due to hardship, and there errors they have made.

[jansus]

At the moment your best bet is to go to the FOS service but you must head your letter up as "hardship case" as they are not looking at the normal bank charge claims until after the test case.

 

You must do a letter or try phoning them for advice as under the terms of the test case the banks must at least consider hardship cases and give reasons if they are refused.

 

try looking at Abbey forum - simons story and abroad girl for links .

 

Or put Zootscoot in as advanced search - as she has done some links as well

 

Jan