Banks granted unfair charges waiver

[scoobydoo]

Re: Banks granted unfair charges waiver

Jester

Can I just ask you a quick question

Are you able to maintain your MP for the mortgage at the moment plus a small amount towards the arrears and in theory if you had the charges back the arrears would be cleared?

I will also look for your draft letter later.
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Is it just me or does everyone else find the FSA statement still confusing.

It says that the banks should "consider the claims" of those in financial hardship

to me consider the claims means consider whether the charges should be refunded ?

but then in the next statement it seems to mean just look at the claims and help in any other way BUT refund the charges.

I agree with budgie this may still help some claimants as not chasing for the debt and freezing future charges and interest may help some - as may giving them a basic account (this is what has happened with Travel girl).

However doesnt EXC have a contact at the FSA where perhaps we could clarfy the intial wording of the changes as to whether they do mean that claimants such as Jester should have more specific help? To be honest even if he had a partial refund it may make a lot of difference.

[Jester]

Re: Banks granted unfair charges waiver

Scooby - Yes, we can 'barely' afford to make the minimum payments, though it is causing severe pain in dong so (e.g. we have already run out of funds for this month and have no more money coming in until 30th of this month).

Yes, if we had the charges back we could pay back our arrears.

Anyway, I've started a new thread in the Banks Forum under HSBC. The thread is entitled 'Jester Vs First Direct' (sorry, I'm not savvy enough on this forum to get a link to work yet).

Be aware, the draft letter I have posted there is VERY rough. It is quite literally what came out of my head and into the computer. It will change significantly before it gets sent in, but is put there simply so you can all see my train of thought and make any comments/suggestions you deem pertinent.

[Amethyst]

Re: Banks granted unfair charges waiver

Oooh...interesting. I found my original complaint against First Direct that I put in with the FOS.

I just called the FOS and they said they WOULD deal with this in regard to Financial Hardship. They have asked me to put it all in writing and to resubmit my complaint based on the new guidelines in the waiver and that they WILL deal with it. The nice lady told me that as I am due in Court next week due to Financial Hardship then it WILL be dealt with !

Sooo, I guess I need to start thinking about how to word this whole thing and get something drafted up.

Ame - Would you rather I started a new thread on this when I have drafted my first letter (which I intend to do tonight) ?

Yep probably best to..oh you have...brilliant news I sooooo hope they manage to get something sorted in time for your hearing xx

Aren't you glad I'm a bossy cow now eh lol (even though of course it was all your idea ) roflmao.

LINK TO JESTERS THREAD ----------- >>>>>>>>>>>>>>> Jester Vs First Direct - Legal Beagles

[ed.]

Re: Banks granted unfair charges waiver

That is a joke - on one hand it forces them to deal with those who get more than £500 in charges as it effectively classes them as in hardship, and then on the other hand says all they have to do to keep sweet is stop future charges, give them a basic account and not sue them in the meantime.

********!

Ame I did send you Behrens didn't I. This definitely needs chasing up and using more, I still have to been able to justify the Judge with me saying Behrens wasn't a precedent (but I may be missing something easy here), but at least it shows Judge's will on the back of that seriously look at 'staying' any enforcement (I ahven't had a drop from TSB since on either the loan or account), so coupled with the new waiver I'd say we are back on for attacking interim relief in a big way.

[Amethyst]

Re: Banks granted unfair charges waiver

You did and I think it should be really useful.....maybe its not strikingly instantly obviously useful which is why not many have pickeded up on it. Tools is using it in his YB case.


I agree with the waiver (sorry), and I agree with not having an injunction against charges in the interim (sorry) - I think the MIGHT words are too lapsidasical in this - stopping future charges should come with changing to a basic account anyway (SHOULD), and not suing them or passing to DCAs and Defaulting in mean time is a good move if it wasn't so airy fairy MIGHT.

It is good for hardship cases IMO.

Mmmmmmmm not really sure what I would have liked - I think this is it really but without any OOMPH. And I like a bit of OOMPH.

[scoobydoo]

Re: Banks granted unfair charges waiver

Yes better than nothing I suppose

If all the hardship cases keep pushing and pushing then dont get the right result the FOS may get a bit more forceful with the banks.

[Ladidi]

Re: Banks granted unfair charges waiver

FORGIVE ME FOR MENTIONING THIS IF IT SEEMS A TAD PATHETIC TO SAY SO. THEY HAVE SAID THEY WILL LOOK AT CASES WITH RESPECT TO THEM INCURRING £500 OF CHARGES OR MORE PER YR RIGHT. THEY ALSO SAID THIS WILL INCLUDE IF YOU KEEP GOING OVER YOUR AGREED CREDIT LIMITS AND CANNOT MAKE YOUR LOAN PAYMENTS ETC.
IN THEORY THIS SOUNDS GREAT YEAH WE GOT A LITTLE OF SOMETHING, BUT ANYONE WHO STARTS TO MISS PAYMENTS AND INCUR MORE CHARGES AND PENALTIES WITH THE COMPANIES THEY DO THIS WITH WILL FIND ANY REPAYMENTS THEY RECEIVE SLIGHTLY SWALLOWED UP BY THE FACT THEY HAVE INCURRED MORE CHARGES WITH WHOEVER.
SO IN A SENSE IT IS A WIN IR LOSE SITUATION AND THERE IS NO GURANTEE THAT YOU WILL EVEN A GET REFUND, THEY ARE MERLEY STATING THEY WILL LOOK AT IT AS AGREED, NO DIFFERENCE TO WHAT THEY SAID BEFORE.
WE WILL LOOK AT YOUR HARDSHIP CLAIM, BUT ARE NOT GOING TO OFFER A REFUND BECAUSE WE DONT KNOW IF YOU ARE ENTITLED TO IT SO THEY PUT YOU BACK ON HOLD AGAIN. HOW MANY PEOPLE HAVE LOST THEIR HOMES? HAD A REMORTGAGE THAT IS NOW COSTING THEM MORE IN INTEREST PAYMENTS ETC? CANT EVEN GET A REMORTGAGE? CANT MEET THEIR RENT ETC THE LIST GOES ON AND ON.
THEY KNOW WE ARE IN A CREDIT CRUNCH, RISING FUEL BILLS, PETROL, FOOD THE LIST GOES ON AND ON BUT THEY STILL CLAIM THEY CAN HAVE YOUR MONEY AND EXERT PRESSURE WHEN YOU GO OVER YOUR LIMITS BY HELPING THEMSELVES TO WHAT LITTLE MONEY YOU HAVE!!!

SO SORRY - RANT OVER - IMO I JUST THINK THEY ARE LOOKING OUT FOR THEMSELVES AND NOT THE VERY PEOPLE THEY HAVE CAUSED ALL THESE PROBLEMS WITH.

SO VERY SORRY ABOUT CAPS. KEYBOARD NOT WORKING RIGHT AND I DIDN'T MEAN TO SHOUT! WAS TRYING TO WISPER

[Amethyst]

Re: Banks granted unfair charges waiver

mmm wonder why our anti caps thing isn't working.

It does give us a bit more pressure to use to stop future charges, debt collection etc for hardship cases, and gives a better definition than the banking code reference that was there before.

Still a lot of get out clauses tho

[Ladidi]

Re: Banks granted unfair charges waiver

I Agree Ame I Agree It Does Give More Clarification And To The Fact That They Cannot Ask A Dca To Chase You And Phone Etc
But They Are Not Going To Refund To Help Pay These Wovles Off To Keep Them From Your Door Or To Help You Keep Your Home!!
I Dont Mean To Sound Negative, I Am Just Considering All The Implications Of What These So Called People Have Done For Ua Already Which Nothing Much Other Than Get Across What We Have Been Saying For Months And Years Even.
If You Ask Me They Are All Beating Round The Bush And Not Getting To Point. The Main Points Being What Does It Cost Each Of Those Who Signed The Oft Agreement To Go To Court To Deal With Unauthorised Overdrafts, Bounced Cheques, Missed Dd Payments, Honoured Payments Etc. If They Could All Clarify What Their Costs Are Incurred For Their Computers Doing Their Jobs Then All The Judge Has To Say Is Refund All Over Above That And Then The Banks And Oft And All The Little Boys And Girls Can Come Together And Say Right From This Day Forward Costs Will Be This And For Them Rise They Have To Be Justified By The Relevant Bodies End Of Lenghty Court Case. I Know Thats Apipe Dream And I Accept That.
It Is Just So D"mn Frustrating When The Banks Owe You A Fortune And They Hum And Har Until They Pay Up When The Boots On The Other Foot, H*ll They Help Themselves And Dont Care If It Leaves You With No Money For Anything Else...

[Amethyst]

Re: Banks granted unfair charges waiver

Just a random comment here

1.4 MILLION are now deemed as in Financial Difficulty under the FSA new Guidelines for the Waiver.

1.4 million is the figure laid out by the OFT in their PCA report as people who have received over £500 of charges in a year.

So thats 1.4 million THAT SHOULDNT SUFFER FURTHER CHARGES nor be harrassed by DCA's over overdraft Debt. At least until the outcome of the test case.

Hmmmmm. lol.

[Dougal16T]

Re: Banks granted unfair charges waiver

Good afternoon everyone,

Once again it appears that the Financial 'Club' has got together to retain control of the money pot!

It really is too silly for words. Disgusting treatment of customers is being permitted by those who have no idea of life in the real world. I have found the only way forward has been to use 'different tactics' and not rely on the CCA.

Too many people with too many fingers in too many pies for any success to be possible in normal circumstances...........

I have been extremely fortunate and I thank my many friends, colleagues and supporters for their good wishes and supporting thoughts and ideas. We must stick together to weather this 'storm' and ensure that common sense prevails!

My apologies for this post but I really am shocked by the flagrant disregard and lack of respect for others shown by the financial institutions (of all varieties), and their greed.

Keep on claiming...remember it's your money you're after!!!

Best wishes to everyone,
Dougal

[Amethyst]

Re: Banks granted unfair charges waiver

Ladidi v Abbey - settlement offer - Legal Beagles