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Beagles member, Jester, has been offered a substantial interim payment in a case which First Direct, part of HSBC, claim is the first of its kind they have dealt with under the revised FSA waiver guidelines.
In August 2007 Jester found himself unemployed and unable to find a new job. He already had a claim for refund of unfair charges lodged with the courts, and due to the OFT vs Banks test case, his claim had been stayed, despite an argument against, and was sat gathering dust.
In September 2007 Jester found Beagles and we assisted him with a new application to the court to lift the stay on hardship grounds. Sadly the waiver wasn't very effective at that time and his request was denied by Judge Hickinbottom and the bank continued to ignore his pleas of hardship.
Then things came to a head when Jesters mortgage arrears resulted in him receiving a reposession order with an order to leave the property on September 23rd.
Jester wrote to First Direct again spelling out his current situation and despite his account having been closed after he defaulted on the overdraft, after some negotiation First Direct agreed to make an interim payment on his charges claim to pay the arrears on his mortgage in order to remove the reposession order from his home. Additionally they offered to repay the defaulted amount of his overdraft and send a cheque to him to cover a further two months mortgage payments. The total amount being repaid to him is £5200.
There is still an outstanding amount on Jesters charge claim, and this will remain lodged with the court until the outcome of the test case.
Thank you to First Direct for actually taking notice of the waiver, and for considering the detrimental effect their refusal to refund the charges they took from Jesters current account may have had on his life.
The situation Jester found himself in is precisely why the waiver exceptions for those in financial difficulties are there. People should not be left to lose their homes while the banks keep hold of unlawfully obtained monies which would prevent such things happening.
If you are suffering severe hardship and have a charges claim on hold, please write to your bank and ask them to consider your situation under the waiver guidelines.
Congratulations Jester and we wish you success with your continued search for employment.
You can read Jesters full thread --- Jester Vs First Direct - OFFER Accepted
- Legal Beagles
In August 2007 Jester found himself unemployed and unable to find a new job. He already had a claim for refund of unfair charges lodged with the courts, and due to the OFT vs Banks test case, his claim had been stayed, despite an argument against, and was sat gathering dust.
In September 2007 Jester found Beagles and we assisted him with a new application to the court to lift the stay on hardship grounds. Sadly the waiver wasn't very effective at that time and his request was denied by Judge Hickinbottom and the bank continued to ignore his pleas of hardship.
Then things came to a head when Jesters mortgage arrears resulted in him receiving a reposession order with an order to leave the property on September 23rd.
Jester wrote to First Direct again spelling out his current situation and despite his account having been closed after he defaulted on the overdraft, after some negotiation First Direct agreed to make an interim payment on his charges claim to pay the arrears on his mortgage in order to remove the reposession order from his home. Additionally they offered to repay the defaulted amount of his overdraft and send a cheque to him to cover a further two months mortgage payments. The total amount being repaid to him is £5200.
There is still an outstanding amount on Jesters charge claim, and this will remain lodged with the court until the outcome of the test case.
Thank you to First Direct for actually taking notice of the waiver, and for considering the detrimental effect their refusal to refund the charges they took from Jesters current account may have had on his life.
The situation Jester found himself in is precisely why the waiver exceptions for those in financial difficulties are there. People should not be left to lose their homes while the banks keep hold of unlawfully obtained monies which would prevent such things happening.
If you are suffering severe hardship and have a charges claim on hold, please write to your bank and ask them to consider your situation under the waiver guidelines.
Congratulations Jester and we wish you success with your continued search for employment.
You can read Jesters full thread --- Jester Vs First Direct - OFFER Accepted
- Legal Beagles
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