Have you a *Hardship* case in progress, or have you won/lost one.

[ohoh4312]

Abbey have finally accepted my hardship claim!

 

The trouble is, I am so far in debt now that it won't stop my house being repo'd - if they had played ball last year when I first asked things would be oh so different.

 

But it is still a little victory, and all thanks to CAG; I would never have had the courage to do battle with them if it wasn't for these forums.

 

Link to my thread in post 20 if anyone's interested.

 

xx

[MARTIN3030]

Well done.

[Mr lex]

ohoh,

 

Well done on your 'Hardship' case.

 

Do you have a thread in the 'repo' forum? It might be someone here can help.

 

Lex

[Phil of the 1st]

Just been to the county court yesterday for a removal of stay and all my argumants were thrown out by the judge. See attached Skeleton Argument.

 

When it came to grounds of Financial hardship the judge looked at the spreedsheet and stated that the £319 bank charges claimed would not make any difference to my situation and refused to lift the stay on these grounds.

 

I know the Bank charges arn't a large amount but it is the principle that I am fighting for. These charges started accumulating 18 months after I asked them to close the account because they would not change my partners name on the account after we got married.

Book2.xls

Edited May 15, 2009 by MARTIN3030
personal info in attatchment

[yourbank]

Just been to the county court yesterday for a removal of stay and all my argumants were thrown out by the judge. See attached Skeleton Argument.

 

When it came to grounds of Financial hardship the judge looked at the spreedsheet and stated that the £319 bank charges claimed would not make any difference to my situation and refused to lift the stay on these grounds.

 

I know the Bank charges arn't a large amount but it is the principle that I am fighting for. These charges started accumulating 18 months after I asked them to close the account because they would not change my partners name on the account after we got married.

 

You've just given me all your details on the case including name as well. I would remove the details before reposting.

[yourbank]

I do see why you lost on lifting the stay though

[MARTIN3030]

The application is an old template and a few of the things on there are outdated.

For a start the penalty element has been ruled against.

 

There has also been cases of banks defending in Court in the last 12 months.

 

I will remove your attatchment since its clearly got identifiers.

[yourbank]

Martin, I think Phil modified the template and unfortunately to a point that it was complete nonsense, imho, and factually inaccurate.

[MARTIN3030]

Yes I agree.

[mkb]

I got my charges back after 1 letter & several (intrusive) calls to establish hardship. Repaid in full but no interest though

 

http://www.consumeractiongroup.co.uk/forum/general/217333-confused-about-interest-hardship.html

 

I have to admit that the lack of 'Won's in the hardship forum is a concern for those embarking on this route.

[Jordan27]

Disgusted consumers turn on ‘shoddy’ complaints watchdog - Times Online

 

and was writen by Lauren Thompson - who should be congratulated for this piece

 

Dear Whom it may concern

Back in July i have put a claim in on the grounds of hardship for my bankcharges, they declined this "obviously" so i appealed !at the time my situatuion was hardship through finacial difficulties which i sent them solictors letters all my outstanding debts including the one were i was liable for prison for my council tax,they declined again .

 

Then in August i had a summons to go to court from my local housing office Golden Gates in Warrington, they are taking me for possesion of my home as im on an introdutory tenancy so they can !so i put another claim in see if i could get my money back in order to stay in my home!they have asked for the possesion papers which i have faxed a couple of times as they keep on saying they have not received them, they are basically delaying me as when iput in for these she was very helpfull i have even given them authority to speak to my Housing Officer which they have done .I am in court again on the17th Febuary for the possesion to go ahead unless i can clear my arrears in the mean time which is £2500 and rising with court costs i am looking at going prison for my council tax!

 

i dont know which way to turn my two boys and me have no family around and i fear for the welfare of us all, the Halifax bank owe me nearly £4000 in bank charges if they would just give me my rent areas i would be happy and settle my claim.Please can you help me or point me in the right direction as i dont have much time !!the bank have said they need the possesion papers meaning i have to go to court first have an eviction notice put up against me in order for my grounds of hardship!!they have had letters and corrosponded with Golden Gates, and have been informed that i need to clear these arears before the court date in order for us to be able to stay in home.

 

what more evidence can i give them that i am Suffering on the grounds of hardship. I have a £650 overdraft which is to its limits they charged me again £210 in one week the week before xmas for not having funds in my account for direct debits!! this meant are xmas was ruined and im not looking for sympythy but my 12 year old had one present to open which cost £20, this is because of them taking my xmas money from me.

 

i am curently unemployed as i am not able to do full time due to my partner up and leaving last May this is were all this accumlates from, i have been forced to find another job that will fit around my commitments, this im in the process of doing the bank know im not working as they see my payments, i get working tax still and child tax as i have another 2 weeks to find a job, before putting me on to income support.Please help me """""".

 

yours faithfully

 

Hayley owen

Edited January 8, 2010 by citizenB
i need help!! / put a few paragraphs in for ease of reading

[MARTIN3030]

Which bank is this ?

[Jordan27]

Hi yes its the Halifax bank !!.

[MARTIN3030]

Can you just clarify the origins of the letter above ?

Who sent it/where was it sent ?

[Jordan27]

I Posted it as a letter on here as didnt really understand what you were , i just needed help , and still do.I have subscribed to another thread to , im still trying to figure this site out please excuse me if i am not explaining myself fully.

Kind Regards

Jordan27

[Jordan27]

hi Martin iv just sent this letter to them, which they have received and are now dealing with!what do you think of my letter? i just wrote how it is wnd how i feel!!

 

 

Dear Nehla Suleman

 

I have attached all my documents to try to show you that I am in severe hardship, and am still about to lose my home.

If I do not clear my rent account by the court date given (17th Feb), I will be evicted with 28 days to vacate my property.

I have faxed you these documents three times since our last conversation in October but you inform me that you have not received them.

 

I have now been in touch with the Ombudsmen who have advised me that the Halifax should be looking in to refunding my bank charges on the grounds of hardship due to my case having all the required evidence that falls into this criteria,

I applied for my bank charges to be returned on the grounds of hardship in July 09 ,You declined this, I applied with changes in circumstances in October 09 as my Housing Association applied for possession of my home .

I faxed all the relevant documents you requested more than once, for you to reply back advising me that you need actual proof of my eviction. Do I have to lose my home first, before you look at my case on the grounds of hardship?

I am working myself sick concerning my eviction date mainly about were my two boys and I shall live.

The Halifax say that I need to supply more proof of my eviction to support my hardship claim, I can not think of anything to be more hardship than a lady who has tried to bring her two boys up the best she can ,worked for ten years, achieved a degree in nursing, only to have this taken away by being sent to prison ,having a criminal record now held against me for £1,600 outstanding fines , This nearly finished me I had never been so humiliated in all my life ,id never been in trouble previously ,I had not and never will stole or hurt anybody ,but yet I was sentenced to 40 days in prison treated like a criminal and have my dignity and pride as a human being and also as a parent taken away from me , This I also provided to you as evidence along with solicitors letters and court letters in July 2009 when I made my first claim. This was an experience I shall not forget and has had an effect on my personal life, my own self esteem and the way I perceive life very differently ,People rape and leave there children alone while they go out drug taking ect for days and receive a suspended sentence (news bulletin two months ago) ,A hard working caring mother of two in financial difficulties receives a prison sentence that has damaged her career along with now having a low opinion of herself and feels a disgrace as a parent for being placed in the criminally convicted category.

When I go to court if I have not cleared my account then I will lose my home ,This is all highlighted for you to proof that I am on an introductory tenancy were they have the powers to evict me without a choice of paying back weekly, I gave you consent to talk to Housing regarding any information you require on my claim, if you require any further information she is more than happy to talk to you as she now informed of the reasons why you got in contact with her and for what reasons.

 

I have had more charges applied to on my account while this has being assessed, a week before Christmas an amount of £250 was taken in the space of two days from my account this meant that I had to explain to my twelve year old and hope he understood that he isn’t getting an think for this Christmas, this he understood of course as his little brother was priority with his belief in Santa ,but this does not excuse the fact that this shouldn’t be happening to me when you are aware of my situation , but yet you still go ahead and continue to make things more harder than they are .

 

You can see am struggling by my account I have an overdraft of £650 am never in the black am always in the red if not over.

My home, my roof over my children’s head is important to me I have no family around us I manage alone with my two boys since the disappearance of Rick my partner last May, this is when my world crumbled and things got to much, but my two boys need me and that was enough to stand up and fight for all the dark patches that had clouded my life and pull my self together.

 

I have been in touch with the Ombudsman purely because i think I am being overlooked and my case not handled as an individual as it meets all the criteria for severe hardship ,i have no intention of giving up with fighting for my case to be heard properly.

 

Please can you review my claim as an individual case and inform me of your decision as quickly as possible, I understand that you have more important matters to attend first and apologise, but i put to you that this is the most important to me with me not much time left before my court date .

 

 

Kind Regards

Edited January 27, 2010 by Jordan27
deleted name!!

[neddysegoon]

I feel so sorry for this poor woman. It makes you wonder if making any effort to work and make something for yourself and family are just a waste of time. I can only suggest to this poor woman and her family to grab as much from the state system as she can like so many other people that are screwing the system. I wish that I was in aposition to help this woman and her family.Good luck to you and God bless

[MARTIN3030]

Wonder how Jordan got on ?

No further posts after this in January.

[manaboutmoney]

Yes, I suppose it best to keep a track of your case if the CAB is dealing with it. I was referred for an IVA initially and then when it failed I considered bankruptcy. Now free of it all I am looking into to claiming back PPI. However I am told my trustee may get the compensdation as I am in a income payments order

 

We are trying to evaluate the current lack of success in Hardship cases.

 

If you have a case in progress, or you have just won/lost one could you post details below. A link to your thread would be good too.

 

It would be good to have such details as,

 

What stage are you at,

 

How long has the process taken from applying to where you are now,

 

If possible, could you post any letters or judgments you have received.

 

A link to your thread would be useful.

 

A reminder.

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should continue to claim at court now.

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Although we believe once you start your claim you should still be able to claim these, don't take any chances. Take your claim to court now and those charges are protected.

 

When the stays are finally lifted, you will be one of the first in the queue to get paid.

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

 

Thank you for any help you can give

 

Lex

[lenny100]

i just won my hardship case with lloyds/tsb here is the thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?264167-ok-so-they-say-i-have-a-case-BUT.....*****WIN*****