Wannabedebtfree vs NatWest

[Wannabedebtfree]

Hi there,

Right, appologies first if I tend to rant a bit in this post I've currently got a claim registered with NatWest for the approx sum of £2250, not a vast amount you may think but to me it means the difference between being able to pay my debts off and not having to miss payments regularly as I'm doing at the moment.

I'll start at the beginning, this all happened a few years back when I changed accounts from NatWest to HSBC having finally had enough of NatWest being totally unhelpful all the time. (By the way I've reclaimed money from HSBC who paid it back no questions asked - but that was before the hold on claims was put in place!). NatWest had already charged me several times for going over my OD limit by a few pounds, and when I changed accounts I made the point of ringing NatWest to ask if I had any more charges to pay, to which they anwered no, not at that time.

Now the mistake I made then was to not close my NatWest account, long story short the following month they charged me again, and because that was no longer my main account I wasn't paying attention to it. These charges mounted up until eventually NatWest deigned to call me to tell me I owed them a few hundred pounds!

Anyway, this has all snow balled now to me having quite large debts which I was managing to stay on top of until the last few months when I've had my overdrafts withdrawn and have been asked to pay them back. Add these payments on top of what I was already paying and I'm now in the situation where I can't afford to pay what I owe each month, I've missed payments on credit cards regularly, I've been refused credit, I've had to get cash out on credit cards to pay for things like fuel and food, and I've also missed payments on my loan and on the OD's I'm trying to pay back.

The really frustrating part is that if I could get the money NatWest owe me, that would be enough to pay what I have outstanding and also get me to a position where I could meet my commitments rather than miss them! However NatWest in their wisdom have decided that I don't meet the financial hardship criteria and are refusing to even consider my case until the court case has been decided. I've just spoken with a woman at their customer relations centre who got quite bolshy with me when I suggested that I do meet the FSA criteria, telling me in a rather loud voise that she was quoting from the FSA and that I didn't meet the criteria set out there.

I'm at a loss at what to do next really, I could send a letter telling them I'm taking them to the county court unless they pay up, I'm even prepared to accept a smaller amount in order to close my case but I was told again in no uncertain terms by the "delightful" lady on the phone that that to would not be considered! Is it worth going the court route and is there anything else I can do to persuade them to consider my case now?

Many thanks in advance

[Paule]

Re: Wannabedebtfree vs NatWest

If you have a read through this thread, it should help you in your hardship claim

Guide to Claiming Hardship - updated February 2009 - Legal Beagles

[WendyB]

Re: Wannabedebtfree vs NatWest

Right, first things first. Did you put your hardship claim in writing to them, along with an income and expenditure form, and evidences, such as letters re arrears, outstanding bills etc? And have you got their refusal to accept the hardship in writing? If not, then you need to get it in writing to them, send it recorded delivery. There is no template letter as such, each case is individual.

Shout if you want help.

Secondly, have you reclaimed any charges from your credit cards. these are not covered by the waiver and are more of a quick fix, which would help to reduce your balance, and in turn your outgoings.

[TUTTSI]

Hi Wannabedebtfree

A very warm welcome to Legal Beagles. We have had a lot of successes here with hardship cases, but in order to deal with it please read the link that Pkea posted for you.

You will need to complete an Income and Expenditure summary - our one is here http://www.legalbeagles.info/forums/...ead.php?t=5102 Natwest may want their own one completed.

If you have not already done so you will need to make spready of all your charges and interest, I am assuming your claim is not at court stage and stayed.

Then you will need to gather all your evidences ie anything that will substanstiate your hardship claim, this could be letters showing you are in arrears, any court documents, arrears on utilities etc etc.

At this stage I would not telephone NatWest... keep it all in writing as you will need to get their responses in writing. Have you any idea why the lady at Natwest said that you do not come under the hardship criteria as laid down by the FSA.

When you have done all this, can you post up your I & E omitting your personal details. At this point also can you list all your hardship criteria so that we can then help you write the letter. Unfortunately there is no template for this as everyone's circumstances vary. We need to package your hardship claim to enable them to satisfy themselves that you do qualify under the hardship rules.

All the best
xx

[Wannabedebtfree]

Re: Wannabedebtfree vs NatWest

If you have a read through this thread, it should help you in your hardship claim

Guide to Claiming Hardship - updated February 2009 - Legal Beagles

Thanks very much Pkea, there's some great info in there...now if only I could work out how to thank people for their posts!!

Right, first things first. Did you put your hardship claim in writing to them, along with an income and expenditure form, and evidences, such as letters re arrears, outstanding bills etc? And have you got their refusal to accept the hardship in writing? If not, then you need to get it in writing to them, send it recorded delivery. There is no template letter as such, each case is individual.

Shout if you want help.

Secondly, have you reclaimed any charges from your credit cards. these are not covered by the waiver and are more of a quick fix, which would help to reduce your balance, and in turn your outgoings.

Hi WendyB,

I have put my hardship claim in writing to them and filled out the form they sent back to me, and subsequently have received a letter saying they don't think I meet the hardship criteria.

With regards to claiming back credit card charges, I was aware that this was possible but have been put off by the possibility that the CC companies may close my account and ask for all the credit back which I certainly can't afford unless I win the lotto!! Do you know if they'd do this and also what the best way of claiming CC charges back is please?

Thanks!

Hi Wannabedebtfree

A very warm welcome to Legal Beagles. We have had a lot of successes here with hardship cases, but in order to deal with it please read the link that Pkea posted for you.

You will need to complete an Income and Expenditure summary - our one is here http://www.legalbeagles.info/forums/...ead.php?t=5102 Natwest may want their own one completed.

If you have not already done so you will need to make spready of all your charges and interest, I am assuming your claim is not at court stage and stayed.

Then you will need to gather all your evidences ie anything that will substanstiate your hardship claim, this could be letters showing you are in arrears, any court documents, arrears on utilities etc etc.

At this stage I would not telephone NatWest... keep it all in writing as you will need to get their responses in writing. Have you any idea why the lady at Natwest said that you do not come under the hardship criteria as laid down by the FSA.

When you have done all this, can you post up your I & E omitting your personal details. At this point also can you list all your hardship criteria so that we can then help you write the letter. Unfortunately there is no template for this as everyone's circumstances vary. We need to package your hardship claim to enable them to satisfy themselves that you do qualify under the hardship rules.

All the best
xx

Hi Tuttsi,

I've gone down the route of providing info to NatWest, but they don't believe I meet the criteria for financial hardship because I'm not struggling to meet what they termed as basic requirements e.g. mortgage repayments! However because of the debt I do have and due to the fact that I've had credit withdrawn which I'm having to pay back and also have been refused credit, this means that I've been having to use credit cards to pay for fuel and groceries when my current account runs out of money. However I can no longer do that as my credit cards are maxed out! If I hadn't have had my current overdrafts withdrawn I wouldn't be in the situation I'm in now, I'd still be in debt no doubt but I'd be able to meet the payments - but with also now having to stump up over £400 extra a month to repay withdrawn overdrafts I'm not able to do so!

Thanks to all for the advice!

Wannabedebtfree

[WendyB]

Re: Wannabedebtfree vs NatWest

Have they put that in writing to you?

[TUTTSI]

Re: Wannabedebtfree vs NatWest

Just for clarification what evidences of your hardship did you send them to justify your hardship claim!

[Wannabedebtfree]

Re: Wannabedebtfree vs NatWest

Have they put that in writing to you?

I only have a letter stating that I don't meet the financial hardship criteria that I received after I returned the form to them. It doesn't go into any further detail then that. Is that what you're asking?

Just for clarification what evidences of your hardship did you send them to justify your hardship claim!

I'm beginning to realised that I didn't send them anywhere near enought, I nievely throught that filling in the form would be enough, however I'm cynical that although I could provide CC statements and letters from my bank saying that I have to repay my overdrafts, NatWest still wouldn't agree with me in that they say that any debts I've run up myself and can't meet doesn't qualify me for financial hardship. From my conversation on the phone it seems that unless I'm unable to meet payments for things like my mortgage or utilities (what they called basic needs I think) then I'll never meet the criteria.

Hope that makes sense!

[WendyB]

Re: Wannabedebtfree vs NatWest

Sooo, they haven't told you why you don'y meet the criteria, just that you don't. That is a cop out from them, not an answer. Perhaps a new letter is in order, asking them to expalin exactly how they have come to that conclusion. Also, a new letter to them detailing exactly why you think you do meet the criteria. Backed up by as much evidence as you can.

[TUTTSI]

Re: Wannabedebtfree vs NatWest

OK - now we need to work on your claim in more detail. I have copied and pasted here the criteria for hardship - now all you need to do is to advise us which of the following applies to your own circumstances. Then if you fit the criteria, you will need to gather all your evidences together as I have mentioned on an earlier thread and then we can together devise a letter. We cannot do this entirely on our own because we do not know your full circumstances. Please also post up if you are able your Income and Expenses summary omitting your personal details so that we can see what you have already sent them.

WHAT IS FINANCIAL HARDSHIP ?

In making an assessment of financial difficulty the banks will take into account:

• 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;
  
  
• and evidence of the following

• items repeatedly being returned unpaid due to lack of available funds;
  
  
• failing to make loan repayments or other commitments;
  
  
• discontinuation of regular credits;
  
  
• notification of some form of insolvency or court proceedings
  
  
• regular requests for increased borrowing or repeated rescheduling of debts;
  
  
• making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
  
  
• 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).

[Wannabedebtfree]

Re: Wannabedebtfree vs NatWest

Sooo, they haven't told you why you don'y meet the criteria, just that you don't. That is a cop out from them, not an answer. Perhaps a new letter is in order, asking them to expalin exactly how they have come to that conclusion. Also, a new letter to them detailing exactly why you think you do meet the criteria. Backed up by as much evidence as you can.

I had a feeling that was the case, I'm in the middle of writing a letter back to them and this time I'll include evidence as well - thanks!

OK - now we need to work on your claim in more detail. I have copied and pasted here the criteria for hardship - now all you need to do is to advise us which of the following applies to your own circumstances. Then if you fit the criteria, you will need to gather all your evidences together as I have mentioned on an earlier thread and then we can together devise a letter. We cannot do this entirely on our own because we do not know your full circumstances. Please also post up if you are able your Income and Expenses summary omitting your personal details so that we can see what you have already sent them.

WHAT IS FINANCIAL HARDSHIP ?

In making an assessment of financial difficulty the banks will take into account:

• 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;
  
  
• and evidence of the following

• items repeatedly being returned unpaid due to lack of available funds;
  
  
• failing to make loan repayments or other commitments;
  
  
• discontinuation of regular credits;
  
  
• notification of some form of insolvency or court proceedings
  
  
• regular requests for increased borrowing or repeated rescheduling of debts;
  
  
• making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
  
  
• 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).

As far as I'm concerned I don't have evidence of a change in lifestyle (unless being made redundant in 2005 helps!!) but I do meet and have evidence for most of the rest of that list apart from notification of insolvancy or court proceedings. I'm going to gather all that together, write another letter explaining in more detail why I think I meet hardship criteria and go from there.

I still think that they're working on the premise that because I'm not in arrears with my mortgage then I won't meet the criteria :rant: however I know what NatWest is like and I'm determined not to let the b******s grind me down :evil:
I think I meet it and I'll take 'em to court if I have to!!

Thanks for all your help so far - very much appreciated!

[Amethyst]

Re: Wannabedebtfree vs NatWest

Morning

Without seeing your income expenditure sheet its difficult to say but from the description you have given thus far I don't think you would be classified as hardship.

I do think however things are starting to snowball for you and you need to think about getting some form of DMP (debt management plan) in place for credit debts to enable you to keep on top of the essentials - which you sound like you have been doing thus far.

As overdrafts get withdrawn and more ending up on cards its very easy to get out of control. Not sure what your debts currently are without any figures and what other steps you could take to ease the situation. Sadly the banks don't seem to think, hey we could stop a hardship situation arising here, grrr not very proactive really but the way it is.

Possibly have a chat with CCCS. Or post up a bit more detail of income/expenditure/debt on here.

Also if you do go in a DMP thats a further indicator of hardship.

But yes write back to Natwest and explain the situation clearly and ask for a review.


Ame
xx

[arunadasi]

Re: Wannabedebtfree vs NatWest

Good luck!