Financial hardship claim help needed.

[Bank-ache]

Hi i'm posting this for my father as he has very little computer knowledge and i haven't got the time to learn him at the moment.

We want to claim his bank on hardship grounds. He still banks with the Natwest and is nearly £3000 overdrawn. They keep returning direct debits and cheques for between £8 and £14 and then charge him £38 each time. This happens between 2 and 3 times a month.

He is on incapacity benefit and can't afford these charges every month.

Just want to know if and how he sould go about this.

Your help in this matter is much appreciated.

Thanks John

[maroondevo52]

Hi, Bank-ache.

 

I'm going to move this thread to the Hardship Forum, have a look at the threads there, hopefully you'll get some idea of how to get things started.

 

Regards.

 

Scott.

[Michael Browne]

Do you know what charges he's incurred since July 2001?

 

If not you need to send an SAR to find out the charges. See here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

 

The FSA waiver directions on Finacial Hardship are on page 11 here:

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

 

However most banks are basing FH claims on whether you have priority debt arrears such as:

 

Reduced income/loss of job

Level of priority debt arrears against free income available

Utility arrears such as gas/electricity threat of being cut off

Mortgage arrears

Council Tax arrears

Credit card debts

Repossession

Serious health issues both physically and mentally

Threat of possible suicide

No money for food or rent

 

[landy_alert]

Hi Bank-ache:)

 

As Michael Browne has suggested it would be a good idea to do a Subject Access Request if you do not already know the total charges your father has incurred. Don't ask for copy statements as they can charge you ridiculous amounts for these. Statements will be included in the Subject Access Request anyway and all the information will only cost £10.

 

If you do know the total charges, or once you have worked this out, it is worth sending documentary evidence to support your father's hardship claim - ie, proof of any priority debt arrears he has.

 

The bank should send out an Income and Expenditure form for him to fill out once hardship has been mentioned - I say 'should' because we are with LTSB and they do not seem to do this. Natwest are probably different, but I have no experience of their procedures I'm afraid.

 

Don't be put off by having to fill out an I&E form - I know some people are, as they feel it is an infringement of their privacy, but needs must and if you are trying to prove hardship it is one of the necessary evils which must be addressed.

 

I hope this helps and you can get your father's claim processed and get at least some of his money back for him - even under the hardhip criteria a bank does not have to pay out in full. However, your father will still be entitled to the remainder of his refund once the OFT test case has concluded - in our favour hopefully!

 

As an aside, Michael Browne said that banks should base a hardship claim decision on certain points including 'serious health issues - both physically and mentally and threat of possible suicide'. Obviously LTSB do not base their decisions on these points as my OH attempted suicide once already because of our financial problems (mainly caused by the banks) and is currently severely depressed. They have been informed of this many times, but have completely ignored it and refused to help us despite our priority debt arrears:eek:

 

Thankfully with the support of all the great people on this site I feel able to prevent a recurrence of this awful event.

 

Good luck!

 

Regards,

 

Landy x

[Bank-ache]

Thank you everybody for your help this is much appreciated.

Hope things get better for you and your OH very soon Landy.

Will let you know how we get on with our fight against the bank.

[landy_alert]

Hi Bank-ache:)

 

Thank you for your good wishes - hope you get your Father's problems sorted out soon too.

 

I will keep an eye on your thread and will post any help I can. There is normally someone here if you need further advice - just shout!

 

Regards,

 

Landy x