muffintop v halifax

[Muffintop]

Just sent of agrand of charges for my sons account in anticipation of the oft outcome. will try for hardship

[Muffintop]

Hi is anyone out there or am I a lonley cagger?

Know this is old news with the cca requests but Iv gone back to basics for my sons bank account and fighting for financial hardship so we can get a resolve prior to oft case.

 

they replied with a no no and rubbish about test case we belive blah blah rubbish they are transparent, they also acknowledged financial hardship and asked for him to fill out and income and expenditure form and send it back, really worried as now I think they have got wind of him being skint they will take about his existing overdraft facility although thats prob not a bad thing.

 

this is my response.

 

Further to your letter dated 6th October 09 in response to my complaint about default charges you have applied to my account which I believe are not a true reflection of the true cost of going into an unauthorised overdraft. I have tried to negotiate these costs with your advisors to no avail.[/font]

 

I am aware of the impending OFT test case in relation to fees and I also believe this will resolve the consumers issues to the fairness and legality of the fees you have applied to my account.[/font]

 

As I fall within the bracket of Financial Hardship as already advised I may be able to have my case heard at court prior to the result of any test case. I have sent you an income and expenditure of my financial situation for you to study.[/font]

 

For your information the definition of Financial Hardship as documented by the FSA and in order to qualify to have my case heard prior to any test case hearing is:[/font]

A complainant is considered to be in financial difficulty when his/her income is insufficient to cover reasonable living expenses and meet financial commitments as they become due.’[/font]

 

As you are aware because of the charges you have unfairly imposed on me, I repeatedly have items unpaid and returned due to lack of available funds.[/font]

 

 

I am failing to make regular loan repayments for a vehicle I have and need for my work.[/font]

 

]I have made regular requests to you for my overdraft limit to be raised in order to help with my current difficulties but you have turned them down, this has in the past meant that I have repeatedly exceeded my credit limit without agreement and you have subsequently penalised me further by charging me. This clearly has made the situation worse and had I not incurred such hefty charges from you I would not have an overdraft.[/font]

I hope that once you have reviewed my appeal to return my charges and also looked at my financial situation in a bit more detail, as well as studying my account you will agreed to refund the charges immediately rather than me having to take legal action.[/font]

 

I am aware that a test case has been on hold for some time, but believe that I would be considered to be in financial hardship by the court. If we cannot come to an agreement my next step will be to escalate my complaint to the Financial Ombudsman Service.[/font]

I look forward to your reply and will take no further action for 14 days in order to give you time to collate your information.[/font]

 

 

[any comments welcomed

Edited October 11, 2009 by Muffintop
typos

[Muffintop]

Feeling dead lonley on here guys anyone wanna pop in feel free, know its not hot news anymore the banks and cca have taken over, but need a bit of help with this one as hardship case and not getting anywhere.

How can Halifax turn down my hardship claim when I sent income and ex sheet which shows that Im 100 down each month once everything paid out, essentials like rent food petrol loans etc. what shall i do now

[Muffintop]

still no interest on this bank thread, how can i get someone to look at it,

HALIFAX have written and said that not suitable for a hardship case in their eyes, despite the fact that there is more going out than coming in, what do i do now, file or write to fos.

[maroondevo52]

Hi, Muffintop.

 

I'm going to move this lonley thread to the Hardship Forum, hopefully you'll get some visitors

 

Regards.

 

Scott.

[Muffintop]

woohoo a post thanks so much scott... any one else want to give me some advise to kick hbos into gear, have now downloaded the complainst form from fsa. cheers.

[enamae]

Hi Muffintop.

 

I see you are dealing with this for your son.

 

When dealing with Hardship cases the banks will look for the following when making their decision;

 

1)A change in circumstances such as loss of job,off sick or separation causing a reduction in income,

2)Priority arrears such as rent, utility bills or council tax?

3)Whether he have any D/D's S.O's for non essential bills such as Sky.

 

Unfortunately, unless 1 & 2 apply to your son, they are unlikely to agree to the claim.

 

Have they advised you that this is their final decision and that any further complaints should be forwarded to the FOS?

 

 

enamae

[Muffintop]

that is really helpfull and the first reply iv had thanks so much, he still has a job and is not in arrears as im constantly subbing him, its me now on a dmp as a result of this...

so even though he is in 80 deficit each month they dont see it as hardship, I have still written to them and made complaint to fsa,, do you think fsa will be able to negotiate anything, or should i just get the n1 in quickly before the test case result,,, assuming they dont appeal again for another 2 years isnt it... i already have one stuck at court stayed.

[Muffintop]

Hi Muffintop.

 

I see you are dealing with this for your son.

 

When dealing with Hardship cases the banks will look for the following when making their decision;

 

1)A change in circumstances such as loss of job,off sick or separation causing a reduction in income,

2)Priority arrears such as rent, utility bills or council tax?

3)Whether he have any D/D's S.O's for non essential bills such as Sky.

 

Unfortunately, unless 1 & 2 apply to your son, they are unlikely to agree to the claim.

 

Have they advised you that this is their final decision and that any further complaints should be forwarded to the FOS?

 

 

enamae

 

just another thought popped up, do they check validity of people sayingthey have split up lost jobs or are off sick? if not then couldnt this be used as reason

[enamae]

that is really helpfull and the first reply iv had thanks so much, he still has a job and is not in arrears as im constantly subbing him, its me now on a dmp as a result of this...

so even though he is in 80 deficit each month they dont see it as hardship, I have still written to them and made complaint to fsa,, do you think fsa will be able to negotiate anything, or should i just get the n1 in quickly before the test case result,,, assuming they dont appeal again for another 2 years isnt it... i already have one stuck at court stayed.

Any Complaint should be made to the FOS not the FSA and only when the Bank have given their final decision.

 

just another thought popped up, do they check validity of people sayingthey have split up lost jobs or are off sick? if not then couldnt this be used as reason

Personally I would be honest with them.

[Muffintop]

Any Complaint should be made to the FOS not the FSA and only when the Bank have given their final decision.

 

 

Personally I would be honest with them.

thanks for advise i will make the complaint to the financial ombudsman service any pointers i should be aware of before i complete the form

[maroondevo52]

It's not such a lonely thread now

[Muffintop]

well guys seems it was over before it started... case acknowledge as complaint with fos but with todays events with banks sorta winning (for the moment) its unlikely to go any futher, of course I saw there is a revised poc and a different angle to go down but im not so confident now.

[maroondevo52]

Muffintop, stick with it