Hardship Court Action

[Jamesx81x]

Hi

 

I am taking Nationwide to court under the Hardship rules.

 

I was just wondering what form it is i need to do this and do i need to attach a witness statement?

 

Thanks

[BankFodder]

If you do this, then good luck. I really hope that you succeed.

 

Firstly, you should know your way round the litigation process reasonably well including forms, deadlines, tips and tricks and pitfalls. this will mean that yo should read around this forum subtantially in order to understand whay to to. You could think of buying the guide on County Court Procedure.

 

make sure that you understand what happens next - IN ADVANCE - so that you are always aware of the next step.

 

Now, here is an point of view. I don't think that youwill win. there is no legal basis for claiming back hardship money. Your cliam will most likley be stayed and you will simply have to wait until the stays are lifted and then you will get your money back.

 

However, you should certainly start your claim in court now. Everyone should.

 

You need form N1

[Jamesx81x]

Thanks Bankfodder

 

I understand going to court is not as simple as people think and they are not bound by the FSA waiver.

 

It has to be worth a try as my current situation cant get much worse to be honest and the banks have the cheek not to even ackowledge my situation although it has been proved and is clearer than clear.

 

I shall buy the guide to help me along with any claim i do. Does it give you information on witness staements etc?

 

The main issue for me would be ensuring my POC's are correct and i dont end up sounding stupid.

 

James

[yourbank]

Thanks Bankfodder

 

I understand going to court is not as simple as people think and they are not bound by the FSA waiver.

 

It has to be worth a try as my current situation cant get much worse to be honest and the banks have the cheek not to even ackowledge my situation although it has been proved and is clearer than clear.

 

I shall buy the guide to help me along with any claim i do. Does it give you information on witness staements etc?

 

The main issue for me would be ensuring my POC's are correct and i dont end up sounding stupid.

 

James

 

I would agree with the latter point bankfodder has made. You stand little, in fact I will go further, you stand NO CHANCE of getting the court to further your claim for bank charges on the grounds of financial hardship.

 

Do you have priority debt arrears(mortgage.rent, council tax, utilities)?

Are any of the arrears being paid off?

Did you write to Nationwide and complete an I&E form?

Did you send them arrears notices?

What was their exact response(since Nationwide generally state their reasons why they do not consider you to be in financial hardship)?

[Jamesx81x]

Yes i have massive rent arrears with a possession order on the property, council tax arrears and gas arrears who are now threatening disconnection or pre-payment meters.

 

I only have the income to live not pay off the arrears therefore it gets worse.

 

I wrote to Nationwide followed the usuall procedure showed and substantiated my current financial standing. All i got back was the same as i did with another Nationwide account mentioned on here, the fact the charges have not caused me the Hardship therefore they would not be doing anything.

 

Copies of arrears, court orders etc were sent both to them and FOS.

 

All i got is a polite **** off.

 

This money would literally go miles to paying off the arrears but hey its the consumer that constantly gets shat on. Why the hell has the FSA even got this waiver its useless and holds no clout.

 

Thanks