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Latest news for attempts to get Bank Charges claims resolved on Hardship grounds !!
Ladidi V Abbey - SUCCESS
Total originally claimed Total Claim £5362.13 - Accepted Gesture of goodwill offer of £4000
Payment received - Court claim discontinued - Balance to be sorted once test case is resolved. Congratulations Ladidi !!
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Elliotsmum V Halifax - SUCCESS
Received £5700 from Halifax after writing letter regarding financial hardship
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Derochelle V Lloyds - SUCCESS
Derochelle has received an interim payout package !
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Jester V First Direct - SUCCESS
Jester has been offered £5200 as an interim refund.
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Tuttsi V Abbey - SUCCESS
Tuttsi has received an interim payout of £4,378.30
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Outspoken V Abbey - SUCCESS
Outspoken has received an interim payout of £3,327.98
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Shooter V Lloyds - SUCCESS
Lloyds approved financial hardship situation - placed stop on future charges and overdraft interest
Still pushing for response regarding settling claim for historic charges
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Travelgirl V Abbey - SUCCESS
Travelgirl offered interim payout of £2026.06
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Laura V Lloyds - SUCCESS
Laura has received an interim payout of £2189
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Blooming Flower V Abbey
15/9/08 Still awaiting response from Abbey - Has been chased by BF
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Tuttsi V Halifax ( 18 year claim )
15/9/08 Awaiting response from Halifax
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Trev v Abbey
15/9/08 - Letter being prepared
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hlg43 v Nationwide
15/9/08 - Claim being prepared
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Tuttsi's OH V HSBC
15/9/08 Awaiting response from HSBC
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Skintkim V Woolwich / Barclays
15/9/08 Still awaiting response from Bank
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Shooter V A&L
15/9/08 Awaiting response from A&L
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Tempty V NatWest
15/9/08 Awaiting response from NatWest
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1Sherwood V Lloyds TSB
15/9/08 - Letter being prepared
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Elka V Barclays
15/9/08 - Claim being prepared
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Jules V Halifax
15/9/08 - Claim being prepared
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Starbug V Halifax
15/9/08 - Awaiting response from Halifax
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Lavenderose V ????
15/9/08 - Just starting claim
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Tinkerbella V Yorkshire Bank
15/9/08 - Awaiting response from Yorkshire Bank
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************************************************** *************
Do you have a stayed Bank Charges claim or are you about to start a new claim?
Below are the definitions of financial hardship as suggested by the FSA in the updated Waiver.
If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties.
1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.
2. In making an assessment of financial difficulty the firm will take into account:
a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
b. evidence of the following events:
i. items repeatedly being returned unpaid due to lack of available funds;
ii. failing to make loan repayments or other commitments;
iii. discontinuation of regular credits;
iv. notification of some form of insolvency or court proceedings;
v. regular requests for increased borrowing or repeated rescheduling of debts;
vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).
3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.
4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.
5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.
6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.
If you have a stayed County Court claim then contact your Bank by phone, email or letter and see if they are willing to discuss and settle your Claim on the basis of your financial hardship. If you have a stayed claim then on the written defence you should find a contact name and telephone number for the person in the Bank's legal department who is dealing with your claim and they would be useful first point of contact for you.
If you are starting a new claim and are in financial hardship then please see the following guide to starting a new claim on hardship grounds. How to start a new claim on hardship grounds
You have nothing to lose by doing this as the FSA Waiver states :-
(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c) the firm must explain the implications of its approach and commitment;
also.......................
(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;
If you would like some assistance with trying to get your claim resolved then PM any of the Legal Beagles Team Members Click here for Team Members List or simply post a request on your existing or new thread
Ladidi V Abbey - SUCCESS
Total originally claimed Total Claim £5362.13 - Accepted Gesture of goodwill offer of £4000
Payment received - Court claim discontinued - Balance to be sorted once test case is resolved. Congratulations Ladidi !!
Click here to go to thread
Elliotsmum V Halifax - SUCCESS
Received £5700 from Halifax after writing letter regarding financial hardship
Click here to go to thread
Derochelle V Lloyds - SUCCESS
Derochelle has received an interim payout package !
Click here to go to thread
Jester V First Direct - SUCCESS
Jester has been offered £5200 as an interim refund.
Click here to go to thread
Tuttsi V Abbey - SUCCESS
Tuttsi has received an interim payout of £4,378.30
Click here to go to thread
Outspoken V Abbey - SUCCESS
Outspoken has received an interim payout of £3,327.98
Click here to go to thread
Shooter V Lloyds - SUCCESS
Lloyds approved financial hardship situation - placed stop on future charges and overdraft interest
Still pushing for response regarding settling claim for historic charges
Click here to go to thread
Travelgirl V Abbey - SUCCESS
Travelgirl offered interim payout of £2026.06
Click here to go to thread
Laura V Lloyds - SUCCESS
Laura has received an interim payout of £2189
Click here to go to thread
Blooming Flower V Abbey
15/9/08 Still awaiting response from Abbey - Has been chased by BF
Click here to go to thread
Tuttsi V Halifax ( 18 year claim )
15/9/08 Awaiting response from Halifax
Click here to go to thread
Trev v Abbey
15/9/08 - Letter being prepared
Click here to go to thread
hlg43 v Nationwide
15/9/08 - Claim being prepared
Click here to go to thread
Tuttsi's OH V HSBC
15/9/08 Awaiting response from HSBC
Click here to go to thread
Skintkim V Woolwich / Barclays
15/9/08 Still awaiting response from Bank
Click here to go to thread
Shooter V A&L
15/9/08 Awaiting response from A&L
Click here to go to thread
Tempty V NatWest
15/9/08 Awaiting response from NatWest
Click here to go to thread
1Sherwood V Lloyds TSB
15/9/08 - Letter being prepared
Click here to go to thread
Elka V Barclays
15/9/08 - Claim being prepared
Click here to go to thread
Jules V Halifax
15/9/08 - Claim being prepared
Click here to go to thread
Starbug V Halifax
15/9/08 - Awaiting response from Halifax
Click here to go to thread
Lavenderose V ????
15/9/08 - Just starting claim
Click here to go to thread
Tinkerbella V Yorkshire Bank
15/9/08 - Awaiting response from Yorkshire Bank
Click here to go to thread
************************************************** *************
Do you have a stayed Bank Charges claim or are you about to start a new claim?
Below are the definitions of financial hardship as suggested by the FSA in the updated Waiver.
If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties.
1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.
2. In making an assessment of financial difficulty the firm will take into account:
a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
b. evidence of the following events:
i. items repeatedly being returned unpaid due to lack of available funds;
ii. failing to make loan repayments or other commitments;
iii. discontinuation of regular credits;
iv. notification of some form of insolvency or court proceedings;
v. regular requests for increased borrowing or repeated rescheduling of debts;
vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).
3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.
4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.
5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.
6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.
If you have a stayed County Court claim then contact your Bank by phone, email or letter and see if they are willing to discuss and settle your Claim on the basis of your financial hardship. If you have a stayed claim then on the written defence you should find a contact name and telephone number for the person in the Bank's legal department who is dealing with your claim and they would be useful first point of contact for you.
If you are starting a new claim and are in financial hardship then please see the following guide to starting a new claim on hardship grounds. How to start a new claim on hardship grounds
You have nothing to lose by doing this as the FSA Waiver states :-
(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c) the firm must explain the implications of its approach and commitment;
also.......................
(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;
If you would like some assistance with trying to get your claim resolved then PM any of the Legal Beagles Team Members Click here for Team Members List or simply post a request on your existing or new thread
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