Hardship claim rejected. Please help.

[JibTeenuc]

I submitted a claim for between £800 and £900 to my former bank (£500+ in charges and £300+ in interest @8%), which was rejected - despite my being in genuine hardship, having suffered two strokes and unemployed since 2005.

My incapacity benefits do not even cover my basic rent, power, transport (nevermind food, clothes etc).

The rejection letter cites:

"The Supreme Court considered bank fees and issued its judgement in November 2009. The Supreme Court, which is the highest court in the United Kingdom, decided fees cannot be challenged on the grounds that they are too high and that they are not considered penalties. This judgement did not make any exception for customers who are suffering financial difficulties".

I was of the understanding that not only did the Supreme Court mention that a claimant should not necessarily be put off claiming, despite their verdict, but also said that it expected banks to behave responsibly and positively towards claimants suffering financial hardship.

1) Any advice and/or experience would be sincerely appreciated.

2) Should I appeal to the bank, go straight to Financial Ombudsman Service or simply even drop my claim?

3) Despite submitting and receiving the results of a SAR (Subject Access Request) there is no signed agreement between myself and the bank to the bank's terms and conditions - only a generic, unsigned, set of TAC's. Does this make my case any the stronger?

Many thanks for taking the trouble to read this and I look forward to advice from those better placed than myself, hopefully.

Jib T.

[labman]

Re: Hardship claim rejected. Please help.

Did you object to the interest and charges at the time they were applying them, or have you just decided to try to claim them retrospectively?

[JibTeenuc]

Re: Hardship claim rejected. Please help.

Did you object to the interest and charges at the time they were applying them, or have you just decided to try to claim them retrospectively?

I complained at the time and even wrote and asked them to cancel existing Standing Orders and Direct Debits on the account, as I was out of work and receiving no income.

I received no aknowledgement and the bank continued to process and then reverse SO and DD payments and apply bank charges, accordingly.

I also asked for a temporary overdraft but this was denied.

I put in my hardship claim which was rejected and they continued applying interest charges, albeit relatively low (between £0.60 and £1.50) until a few months later, they closed the account without informing me of their intention and no letter of explanation, simply a final bank statement with the words "Account Closed" printed on it.

Hope that helps and thanks for your response.

[labman]

Re: Hardship claim rejected. Please help.

Do you have copies of the letters asking them to cancel DD's and SO's - if you asked and the bank failed to comply you should be able to reclaim those charges, but you'd need proof.

The decision not to provide a temporary overdraft appears to have been the correct one given the length of time this hardship has continued for you.

Did you refer to what would then have been the Banking Code (now The Lending Code) in your claim, or indeed anywhere along the line? Were the bank aware of your health issues? Did you provide the bank with a copy of your IE to prove your hardship?

I think the bank has been negligent in failing to comply with your request to cancel DD's and SO's. If it was purely the charges from these which has led to the £500 then one would hope you could recoup at least your losses. Whether or not this is viable is a different thing altogether. You could go to the FOS, but what proof would you provide? Some of that could be in the answers to questions above. The alternative would be the small claims court, but while I sympathise wholeheartedly with your situation, I would not be looking to spend money on trying to get my money back, let alone interest on it, however unfair it may be. If you can come up with good grounds for the FOS, then fair enough.

It will be interesting to see what other posters have to say.

[di30]

Re: Hardship claim rejected. Please help.

If the final decision been given, another avenue to try is the CEO of the business and say you will give 7-14 days for them to review and if you hear nothng or if nothing changes, you will be taking this further, for eg, the FOS.
The FOS will take on your case and in regards of the hardship you need to make them aware of this and also ask for fast tracking.

And usually the FOS will seriously take your financial hardship difficulties into account, and from what I'm aware of they will possibly get the bank to redress you for the distress and inconvenience they caused you as well.

[JibTeenuc]

Re: Hardship claim rejected. Please help.

Thanks for the advice received.

So, should I appeal and list my monthly/yearly outgoings and income, do you think?

Also, is there a template/guide available for this?

Finally (for now) is there a template appeal letter to the FOS available?

Sorry to be a nuisance but am a bit lost on this.

Many thanks.

Jib T:tinysmile_grin_t:

[di30]

Re: Hardship claim rejected. Please help.

Hi there and your welcome.

I'm usually the PPI side of things lol, but what I would do personally is email/write to the Chief Executive officer (CEO) of the business that rejected your complaint (if it was final) before going the FOS direction.
I am not sure about a template in regards of this matter, but maybe one of our folks will know and be along at some point later to clarify.
However, I would make the letter more personal, so it's your very own with your own reasons etc.

I would write as stated above, and yes you could try appealing and listing your outgoings/income etc, and state the longer this will take then the more debt its putting you into.

Your not a nuisance :tung: lol that's what we are here for is to help all we can lol.

I shall be back to post the link of the FOS in a min.

[di30]

Re: Hardship claim rejected. Please help.

..................In regards of the FOS you can contact them by email/phone or complete the complaint form, here is more details below......

http://www.financial-ombudsman.org.u...complaints.htm

Try keeping copies as well.

If you do decide first though to contact the CEO of the business you complained to first, that is up to you of course, but give them say 14 days at the most, as you do have 6 months as from the date on the final letter of rejection to complain to the FOS.

[labman]

Re: Hardship claim rejected. Please help.

If you go to National Debtline, they have a good Income and Expenditure sheet. Hang on .........


HERE you are!

You'll find a list of CEO's email addresses HERE.

[di30]

Re: Hardship claim rejected. Please help.

Another thing that's come to mind, do you know what type account you are paying for?

For example, gold, platinum, premier etc, because you pay for these accounts each month, and they supposed to come with benefits.......

So if you were sold any bank account where the benefits that came along with them did not suit you - you can also put in a complaint about that as well.

Just thought I should mention it whilst here.

[JibTeenuc]

Re: Hardship claim rejected. Please help.

..................In regards of the FOS you can contact them by email/phone or complete the complaint form, here is more details below......

http://www.financial-ombudsman.org.u...complaints.htm

Try keeping copies as well.

If you do decide first though to contact the CEO of the business you complained to first, that is up to you of course, but give them say 14 days at the most, as you do have 6 months as from the date on the final letter of rejection to complain to the FOS.

If you go to National Debtline, they have a good Income and Expenditure sheet. Hang on .........


HERE you are!

You'll find a list of CEO's email addresses HERE.

Thanks so much (you've probably saved me an entire evening's search).

I think I'll try the appeal to the CEO route but should I show my entire hand (as in including my full ingoing/outgoing circumstances) which might prepare the bank for my proposed FOS complaint or are my fears/paranoia irrelevant - so "just do it"?

On another Forum, they seem adamant that the FOS have absolutely no power regarding "Bank Charges" (as judged legal by the Supreme Court) in any case, so could the FOS actually force or (at least) influence a favourable reconsideration by the bank (assuming the FOS found in my favour, of course)?

So many questions, I know, but I've been beating my head against this self-same brick wall with Lloyds for so long that it's very difficult not to become disenchanted.

Thanks again, both. :tea:

[labman]

Re: Hardship claim rejected. Please help.

In terms of showing your hand to the CEO, if you don't, he is not really able to make an informed decision - that's how I look at it.

With regards to the FOS, THIS explains things really well.

[JibTeenuc]

Re: Hardship claim rejected. Please help.

In terms of showing your hand to the CEO, if you don't, he is not really able to make an informed decision - that's how I look at it.

With regards to the FOS, THIS explains things really well.

Thanks, Labman.

You and Dizzy Di have been brilliant.

Very much appreciated. I know I'm claiming well under £1k but every blinkin' penny counts and it's not as if I'm seeking a gift, simply the repayment of "administrative fees", similar to those already repaid to a myriad of claimants...some less, some more, in need of a refund than I.

Thanks so much for all the attention and willingness to share your advice/knowledge on this tricky matter, it's sincerely appreciated.

[di30]

Re: Hardship claim rejected. Please help.

In regards of the CEO, he or she will probably still forward your case back to the dept of complaints, but should still look into your concerns.
It's also known that the CEO have put in his own view, and raised this with his complaints dept staff to take another look and "may even decide it in your favour" depending on how he will think it will look if it goes to the FOS.

Athough not always guaranteed, but just the last final try before going to the FOS.

Fingers crossed.

PS: do say to the CEO of your disappointment.

Dear Sirs

Account number
Complaint REF number: XXXXXX

I am writing to you in regards of the above account number, and asking for a few moments of your time to read my letter as a matter of urgency.

"As a loyal long term customer of your respectable business, I believe the complaints department may have overlooked my concerns in my complaint and in regards of my financial difficulties, where I are trying my utmost best of making ends meet. I have suffered serious health conditions where I am unable to return to employment due to my health, so am only receiving benefits only".

I am disappointed with the outcome of my complaint, and am requesting for your opinion on the matter.
I enclose a copy of my Expenditure for your records, copies of the rejection letter I received from your complaints team. I hope your able to take my circumstances into account, and overturn the decision.

Please contact me by 14 days of the date of this letter. If I have no response from you or your team, or if the decision is not overturned, I shall be considering taking this matter with my reasons to the Financial Ombudsman Service (FOS).


Yours sincerely

[di30]

Re: Hardship claim rejected. Please help.

Email to Lloyds CEO here, also ask for a confirmation email. Good luck........

antonio.osorio@lloydsbanking.com