Bluebell's Debt Thread & Hardship Claim

[Bluebell]

Hi, I'm crystalcag from the CAG - thanks Jan for referring me to this site! There is lots of really useful info here. To be honest I'm in two minds about what to do next. Since being given advice from CCCS that bankruptcy is probably my best course of action the thought of being free from all my creditors seems irresistible. Having said that if a hardship letter to LLoyds were effective it would take a whole load of presure off. It would by no means get rid of all my debt but it would help - and stop me going under completely - might give me a bit of time. ALthough the whole process might take months too ... ??? I'll carry on reading here and see what I can come up with.

[Bluebell]

Re: Hardship Letter ref Waiver (review)

Thanks Jan,
I submitted a claim for bank charges about a year ago. At that time it came to about £4,000 I think (including contractual interest). I also made a claim to A&L (for about £500). Both claims were stayed - the Lloyds one went as far as going to court to appeal against the stay on the grounds of hardship but it seems that the judge in my area (Devon) has no interest in lifting stays..despite my case being obviously genuine and Lloyds putting pressure on me to reduce my £2,000 overdraft or incur charges blah blah.

Meanwhile debts have mounted, they include Council tax, electricity and water arrears, 2 x store cards, 2 x credit cards (Lloyds and Egg), various outstanding bills and other debts altogether amounting to about £12,000. I received one claim form from the court for an old Orange bill (despite having written with inc/exp info and telling them I have no spare funds) and several letters threatening court action. It feels like it's all getting out of control to be honest. I'm expecting a baby in June and my partner's income only just covers our day to day expenses at the moment. (he too has debts amounting to about £20,000 and had his house repossessed 2 years ago). I don't know where to start dealing with any of this and all I want is to get rid of the stress so that we can concentrate on our baby! I already feel like the whole of the pregnancy has been in turmoil and spent a long time worrying about the effect it might have on the baby. Now I just want to try to make the best of the future...however that may be. :decision:

I hope I haven't just emptied my head with a whole load of irrelevant information ... and any ideas/thoughts are greatly appreciated!

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell.

Just bought your posts over from the hardship thread.

First thing to do is fill in Legal Beagles and then either attach it to this thread or email it to me Amethyst@legalbeagles.info.

If you don't feel up to that just yet a list of all the creditors with amounts, and where each is at with regards DCAs/court claims etc, and basic income.

Are you currently renting or have a mortgage ?

This info firstly will help see how to get these debts sorted, and secondly will help with the hardship claim.

Also if you have the paperwork you used to try and get the stay lifted that would be excellent too.

Talk tmw

Ame
xxx


(:hug: too I just been reading a couple of your threads OTR and bloody hell they make me so MAD how dare they intimate neglect ! if it helps I claim HB & CT (well I would if they'd ever get around to making their minds up on it!) and have three little'uns, single parent etc etc) anyway just picking up a bit of info on your situ from there hope you don't mind - all helps.

I'm self-employed (but have not worked for 2 months due to having to move - looking for a place and actually moving). I was claiming some housing benefit whilst my partner was unemployed but he has since found a good permanent job that pays quite well so that stopped. Even so our new outgoings are now more than income (and that's not paying anything towards debts) so I'm going to apply for HB and CT benefit (just waiting for forms to arrive).

The thing that stresses me the most is the constant barrage of letters from creditors and feeling like it is a huge amount of work to try to write to everyone. I just want to bury my head and ignore them, but I know that will make things worse. During the move a lot of paperwork went astray too which really doesn't help matters considering my hormone addled brain.

I've made an appointment with the CCCS tomorrow as they were really helpful before. I owe about 12,000 and my partner owes approx 18,000. I've managed to keep out of the courts up until now - and received a court claim form from one creditor via Moorcroft for £200 (£135 + costs) which we can't pay in one go. I had written to them with an income/expenditure form in March which they claim they didn't receive. There's no way to prove it as I haven't got any receipts for postage. I sound completely flakey but there is just so much going on it's overwhelming. I do keep receipts - but they've gone missing in the move. Meanwhile time is ticking to get the claim form back. I know that bancruptcy is a last resort really but CCJs are pretty damning too, all the writing and research etc is so time consuming and at the moment I can't see how we are ever going to be able to start paying back any debts for ages. Perhaps a fresh start would be the best thing. Especially with a new baby. Thank you for your help

Hi Tiglet, I phoned about the maternity allowance and Sure Start £500 grant and they're sending me some forms. I also spoke to someone about tax credits and they seem to think wed be eligible for both when the baby is born.

ahhh tiglets on here too somewhere forget which name under tho so will probably pop by.

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

dont worry about these bit hun, just reading up where you are at with stuff. Save you typing it all out again. (Still do what I said above though)
No wonder you're confused with all this lot. Don't worry we'll sort out something get back on track with least stress possible - we do have a guy from cccs on here too so I'll ask him re what you were advised ref bankruptcy etc too. anyway sod dealing with them all seperately you need an overall plan and some decent letters.

Please help I'm panicking Fredrickson / Egg - Royal Mail lost CCA request - Page 2 - The Consumer Forums

EGG CARD


Help I received a County Court claim form from Orange - The Consumer Forums

ORANGE COURT CLAIM

Lloyds Platinum CC policy change help! - The Consumer Forums

Lloyds credit card

Frasercard / GE Money and Viking - The Consumer Forums

GE Money


Hearing to Remove Stay on 2nd October - The Consumer Forums
Crystalcag vs LloydsTSB - The Consumer Forums
Crystalcag vs Alliance Leicester - Page 2 - The Consumer Forums

ABOUT THE HARDSHIP CLAIMS AND STAY


jimi_hendrix vs Cahoot - The Consumer Forums
is that your OH's one?

Last Tuesday I received notice that I have to go to a hearing in Truro (not my local court) to apply to have the stay lifted.

There were no directions and I had in effect 7 days notice so I haven't sent any bundle. However I am gathering one together... I'm getting a bit panicky now....after all this time and work and research I feel like I'm not ready at all!!!!! I've forgotten everything my head is spinning.

Any advice? I'm going to be applying on the grounds of hardship but I am not clear at all how to present my case.

These are the facts:

• I am on a low income (only just started self-employed work after 3 months of being unemployed) - income is sporadic and I have been loaned money by family members to see me through a couple of really hard patches.
• This month's rent is £20 short (and it will cost me that to get to Truro).
• I have a huge overdraft (just over £2000) with Lloyds - just under the amount I am claiming (including interest though).
• I have an arrangement to pay it back at £10 /month but the arrangement runs out on the 10th October when they plan to lower my limit by £600.
• I have debts amounting to approx. £10,000 including outstanding Council tax of £120 which should have been paid last week

[enaid]

Re: Bluebell's Debt Thread & Hardship Claim

Just popping in to say hello Bluebell, so sorry you are having such a hard time.
You will get as much help as is possible from the people on here.
If you need to unwind we have several threads in the Lamp Post and there is always the chat room if you need it. Hope to speak soon Enaid x

[EXC]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell

As I understand it. it's the Lloyds letter we need to concentrate on. It would be really helpful if we could have all the correspondence between you and Lloyds to date or at least the dates of the correspondence and a summary of what it was.

I've read your Lloyds thread on CAG but obviously it only covers up to Oct 07.

In the meantime I'll work on the generic aspects of the letter.

[Sapphire]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell,

Don't worry hun this can be sorted out, it just takes a bit of work to do it. You are amongst friends and between us we will find a way through this for you.
Please try to relax a little you are carrying a precious load and worrying about this just won't help at all.
You're amongst friends now.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

oh thank you so much !!!! Can't tell you how amazing you all are!!! I'm in floods of tears but it feels lovely.:cry: :tinysmile_grin_t: Have started to fill in the bidget sheet but want to check it a bit before I post.
xxxx

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

awww don't start me off for goodness sake or we'll never get anything done :kiss:

[Sapphire]

Re: Bluebell's Debt Thread & Hardship Claim

Bloody hell we are all turning into a right bunch of cry babies lately, don't worry Bluebell I was in floods the other day hun, you will feel better I promise :kiss:

[EXC]

Re: Bluebell's Debt Thread & Hardship Claim

Ok how's this for starters.

I've obviously not included any of Bluebell's info. I'm assuming that Lloyds have conceeded that she is a hardship case and that her court claim is currently stayed.


I refer to my claim on the above account.

I wish to clarify my position in the context of the OFT v Banks test case, the Complaints Handling Waiver, their irrelevence to my case and your statutory obligations.As you have previously acknowledged, my case is one of genuine financial hardship and as such you have a duty to deal with it in a prompt and sympathetic manner.

The Banking Code, amended in March 2008 which places a heavier emphasis on banks to deal with hardship makes this very clear:

14.1 We will be sympathetic and positive when we consider
any financial difficulties you may have. Our first step will be
to try to contact you to discuss the matter.


14.2 If you find yourself in financial difficulties, you should let
us know as soon as possible. We will do all we can to
help you to overcome your difficulties. With your cooperation,
we will develop a plan with you for dealing
with your financial difficulties and we will tell you in
writing what we have agreed.

The FSA stated on 27 July 07 that ‘’To ensure consumer protection we have imposed a number of conditions on the waiver that firms must adhere to’’ and that ‘’Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period’’

More precisely, the FSA’s General Counsel’s Division stated on that ‘’one important protection is for consumers whose complaints relating to financial hardship ( and others which are not relevant to the waiver) are identified and progressed promptly and in compliance with the normal rules and timescales in the Disputes Resolution: Complaints manual of the FSA Handbook.’’

My claim is therefore not subject to the waiver or relevant to the test case and your basis for applying for the stay on my claim is false and I request that you apply to the court forthwith to lift the stay on my case or settle my claim in full.

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Okay bluebell - from reading your threads, you were due to go to court just prior to the waiver being introduced which was put off till october 07 where you argued for not having a stay due to hardship. (does that sound about right?)

Was anything previous or since in writing to Lloyds regarding hardship issues ??



Also regarding this court claim (orange?)- can you give us all the details and date involved in this.

Think thats the most urgent one at the moment.

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

Hi

glad to see you are getting help so quickly .

EXC one question - are we going to ask for stays to be lifted - or do we feel the wording on the waiver indicated that hardship cases should be dealt with outside the court system ?

Also should we ask for a reply that states if they do not consider it a hardship case they should state why ? And if they do acknowledge it is hardship why they feel the terms of the waiver do not apply in this case?

Just a thought that when the reply is received it could then be passed to the FSA?

Jan

[EXC]

Re: Bluebell's Debt Thread & Hardship Claim

EXC one question - are we going to ask for stays to be lifted - or do we feel the wording on the waiver indicated that hardship cases should be dealt with outside the court system ?

Also should we ask for a reply that states if they do not consider it a hardship case they should state why ? And if they do acknowledge it is hardship why they feel the terms of the waiver do not apply in this case?

Just a thought that when the reply is received it could then be passed to the FSA?

Jan

I think we need to clarify in our own minds what we want to achieve. I think either yourself or Ame are better placed to decide that. I was under the impression that Bluebell had identified herself as a hardship case and that Lloyds had accepted but I might be wrong and if I am, we need to amend the letter to include the 'filtering' element of their waiver obligations.

So to summarise:

1. Do we want the letter to ask for the claim to be considered under the hardship criteria or for the stay to be lifted or both?

2. Has Bluebell claimed hardship status and if so have Lloyds agreed?

Absolutely the reply should be passed on to the FSA and BCSB and we should make that clear in our initial letter.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Hi I'm sorry I haven't written sooner. Had a rather hectic day. I hope I dont miss anything I'm so amazed and grateful for your help! You're all brilliant!

I'll try to attach my budget. My income is at zero at the moment - where it has been for a few months as I've had so much on my plate. I'm not sure what I'll be able to do when baby arrives but hopefully after a few weeks I will be able to start earning a bit. (I work from home so could fit around a baby) (this is the moment when people usually snigger knowingly). I have to as at the moment we are only just breaking even and some months bills come to a lot more than what I have put on the budget sheet. Our petrol costs are huge - due to my partner driving a lot for work - I put an average figure which my OH claims back (his salary includes the previous months expenses) although he is always one month down (hope that makes sense!)

Yes Jimi Hendrix is my partner - he has a claim vs Cahoot but actually hasn't got as far as an N1 as the stays came in at that point and somehow other things got in the way. He should get back on to it.

Orange's claim was dated April 14th. I telephoned the solicitors and they said I had 19 days to respond, but to respond to Moorcroft as it sounded to them as if Moorcroft had made a mistake in sending the details off to them. (I told them about the letter I sent in March asking for time as advised by the CCCS stating that I am on a low income etc). I'm not sure if I should write to Moorcroft or Nelsons or send the acknowledgement part of the form back (I do want to point out that I don't want to pay the extra costs that have been added too). I've been looking for a template (I seem to be paralysed without them!!). Maybe I should just send a letter to all of them, but what about the claim form?

I hadn't actually been given a court date when I received notification from the court that they had decided to stay all bank claims. At that time it wasn't a blanket stay (which came in a bit later I think) and I was able to appeal against it. I tried to appeal on the grounds of hardship (took along paperwork to support etc), but my words fell on deaf ears and the judge decided all stays should remain. There has been absolutely no correspondence since then on either side - other than them informing me they're going to drop my overdraft limit that is, oh and reinstate my credit card charges/interest (although it had been frozen for a couple of years) so I don't think they do acknowledge that mine is a hardship case. Their barrister had no idea at all why she was in court - I had to tell her. It was quite embarrassing that none of them had prepared and kept getting facts and figures wrong. Anyway because the stay wasn't lifted I had kind of abandoned it since October and was waiting for something to happen with the OFT case.

I didn't realise that you have to officially claim hardship status. I have been sending them income/expenditure breakdowns for a while now (althoguht not recently) so I assumed that that together with the info I presented in court was enough. I like the idea of asking them for a reply that states if they do not consider it a hardship case they should state why - And if they do acknowledge it is hardship why they feel the terms of the waiver do not apply in this case? They spend so much time avoiding being clear and passing me from department to department.

I hope I've been clear.

x