hardship

[davieton]

:hohoho: hi , do think a marriage spilt counts as hardship claim for my bank charges they owe me 3700

[Budgie]

Hi Davieton and welcome to Legal Beagles.

Yes, A relationship breakdown is listed in the FSA waiver as being indicative of someone in financial hardship.

Here is the relevant extract from the FSA waiver ;

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).

Obviousely, it would be unlikely for a hardship claim to succede if it was just a breakdown of the relationship on a stand alone basis. There would usually have to be some financial hardship aspect to accompany it.

Please let us know a little bit more information so that we can better advise you.

If you are at all worried about posting personal details or information up on the open site then please feel free to contact one of the Team Members by PM or email. You can find the lists of Team Members here List of Team Members

[davieton]

Re: hardship

Folks , i happy happy to post , yes my marriage split 2 years ago,
had to sell my house ,and use cash to pay off certain stuff loans etc, credit cards ,now i am single parent with 2 kids ,& house to run have just cleared 2000 overdraft, so begaining to get on my feet but feel as had lot of charges bank i mean around about 3700 ,i have started to claim , but had letters saying everything on hold at moment, which i thought was ok , do you think i have case if not i will have to wait like all other folk :merrychristmas:

[Budgie]

Re: hardship

Folks , i happy happy to post , yes my marriage split 2 years ago,
had to sell my house ,and use cash to pay off certain stuff loans etc, credit cards ,now i am single parent with 2 kids ,& house to run have just cleared 2000 overdraft, so begaining to get on my feet but feel as had lot of charges bank i mean around about 3700 ,i have started to claim , but had letters saying everything on hold at moment, which i thought was ok , do you think i have case if not i will have to wait like all other folk :merrychristmas:

Thanks for the information Davieton,

I have some questions for you

1) OK, it appears that as part of the divorce the family hold was sold, presumably the profits made from the sale were split between you and your Ex and you used some of yours to pay off some old debts, is this correct?
2) You say that you have just cleared a £2000 overdraft, was this an overdraft that you built up since clearing it from the house sale proceeds or did you not clear the overdraft down at that stage. Is this the account which has approx £3700 of charges that you have started to claim back?
3) You say that you cleared off some credit cards and loans, do you still have the credit cards, do they have balances on them, have you claimed back any charges on them ?
4) How are your present financial circumstances, are you working, do you have sufficient income to cover your outgoings? Do you have any debts or outsanding bills thats you are unable to clear and which have imminent legal action threatened against you?

I think the best way forward once you have answered the above is for you to fill in an income / Expenditure sheet so we can see exactly how things stand. Income and Expenditure Sheet

It may be that if you are not in severe financial hardship at present that you will have to leave the bank account charges until the test case is resolved. However there is nothing whatsoever stopping you from pursuing a refund of your credit card charges.

Regards Budgie

PS, do not post up your I&E form on the thread, You may PM it to either myself or any of the Legal Beagles Team Members - Click here for Team Members list