Bluebell's Debt Thread & Hardship Claim

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

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?

Lets sort this out first.... Do you have the claim Form - the N1 from the court ?

On the front is a reference and pin number. Get onto anhttps://www.moneyclaim.gov.uk/csmco2/index.jspd click acknowledge with intent to defend in full (it doesnt matter what you click just get it acknowledged) you had 14 days from 14th April to acknowledge, and 28 from 14th to do defence /admission etc. Its a pretty easy process to get acknowledge in then dont worry and we can do the next bit. Hopefully you can squeeze in.

Would like if you could type of the particulars of claim from it on here for me, and the amounts.

Just get those bits done if it lets you on Welcome - HMCS Money Claim Online and shout if you get stuck

[TUTTSI]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell hunny

You are certainly amongst friends here on LB and many of us including me have experienced severe finincial debt problems and together we can try and help you.

I have just briefly read your thread and wondered if your partner can claim working tax credits, this would help boost the income figure up, it would obviously depend on the level of his gross income.

Dxx

[scottishlass]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell, :hug:
Entitledto.co.uk

Following on from what Tuttsi has said, you could try the link above,you never know you could get some help, every little bit helps.

I do hope you are managing to get some sleep now (yes I also read what was being said OTR please try not to worry) you need to take care and get as much rest as possible.

You are in the right place to receive all the help and advice you need to get you through this rough patch.

SL xx

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Amethyst thanks! that was so easy - I can't stop smiling now - phew!!!!
The POC is this:

The claimants claim is for a sum due from the defendant to the claimant under a contract for telephone services and or equipment hire.

Invoice No:~~~~
Balance outstanding: £135

God they're a bit mean really - I have never said I don't want to pay - even got tricked by Moorcroft in January to pay £90 (or Bailiffs would come round etc).

Tuttsi, I think we can claim tax credits - I phoned a couple of days ago on Tiglet's (I think) advice (on CAG) re claiming a Sure Start maternity allowance and they are sending a pack.

Thanks for the link Scottishlass!! I'll have a good look on there today.
thanks everyone :tinysmile_grin_t:

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Fabulous. If you get another claim form - don't phone the claimant for advice !

Right next thing to do is your defence/admission.

Soooooooooooo.... what info do you have - do you actually owe the whole lot or are there spurious charges on it.

If we do a simple admission we'll do an admission with a request for time to pay etc and sumbit your I/E form. So it should end up with a CCJ (rubber stamping no attendance needed) for installment payments of £1 a month etc what ever your I/E shows you can afford. So please don't worry.

Also what communication did you have with moorcroft over it - did you have installments etc worked out with them that you paid - if there was some arrangement then we can try say the claim shouldnt have been bought and get the court fees off. So any letters to them/from them re the outstanding balance would help.

Just let me know as much as poss and then we can do the next bit and thats that one sorted

You have another 10 days to get this in now

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Next job....

council tax and water.....whats the situation on those two ?

Any rent arrears ?


S'ok got it

Council tax arrears 1,082.00 Fuel debts: Gas : Electricity 800.00 : Water 725.00

Whats the position on these communications wise with Co Tax and Utilities ?

[Tempty]

Re: Bluebell's Debt Thread & Hardship Claim

Hi Bluebell
welcome to beagles, I'm so glad you found us, I for one know how it feels to be in your position and I could not have found the strength to fight without the dedication and support of the team here.

As others have already said...... you are not alone anymore and everything possible will be done to help you through this hard time.

following on from Scooby and EXC I do believe it's vital to get through to Lloyds that you are indeed a hardship case and force them to list their reasoning if they believe you are not!, you say you have been sending regular budget sheet's to Lloyds so I don't see how they could deny hardship in your case, the fact that they have agreed temporary overdraft facilities on your account also suggests they have at least recognised there is a problem even if they haven't openly classed you as hardship.
(ame if there is anything I can do to help here..... let me know)

Again folllowing on from Tuttsi and Scotishlass take a look at the link provided for you, as far as I'm aware tax credits should be able to be claimed during pregnancy and obviously would deffinatly come into effect next month when your baby is born along with child benefit. This will certainly help to take the strain off a little.
I see from your budget sheet that you are paying rent not a mortgage so as you have mentioned applying for HB and CT is worth doing, you should at least be entitled to help with CT if nothing else and every little will help.

Take it easy hunny we're all here to help
Tempty xxx

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

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.

Have you got that paperwork you can upload on to here? Just as a starting point. Think then EXC and Scoobs thought is to appeal directly to the bank for determination as a hardship case to try and bypass the stay. But the info on what happened already will help with that.

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim


Petrol 300.00

this is a pain in the bum - so this is work related expenses and your OH gets what kind of % of this back in his pay the following month ? We need to edit the I/E and show that % as a credit which should give you a small credit to show to offer monthly payments.




1. lloyds cc 6,893.00
2. Egg CC (Moorcroft) 1,600.00
4 M&S (Moorcroft) 635.00
6. Frasercard (fredrikson) 289.00
7. Alliance & Leicester OD 250.00
8. Orange (Nelsons sols) - 200.00
10. Lloyds TSB OD 2,200.00 ( THIS WILL GET COVERED BY CHARGES SO DONT WORRY ON IT - what year approx did you open this account out of interest )


Right - do you still have any cards that you are spending on ?

Also I know you have done CCA requests etc on a number of these so let me know where each one stands currently.


Alsoooooooooo....which bank accounts your OH's pay go into now ?
and are his debts (£20k??) included in the IE


(I'll shut up for a bit now let you answer the last few posts)

[Kafka]

Re: Bluebell's Debt Thread & Hardship Claim

Have you got that paperwork you can upload on to here? Just as a starting point. Think then EXC and Scoobs thought is to appeal directly to the bank for determination as a hardship case to try and bypass the stay. But the info on what happened already will help with that.

Hardship cases are supposed to be 'filtered out and processed' before the court stage - it's no good expecting a court to show sympathy or to do their jobs.

The hardship needs to be stuffed down the throat of the bank, perhaps with representation to FOS. We could also look at a press article on this. That could be put together quite quickly and might focus the bank enough to shame them into paying. I don't know if this has actually worked yet, but with so much at stake we have nothing to lose do we? If we can demonstarte a clear hardship case and a bank refusing to deal with that then this could make a nice story coming up to the case management conference, which is widely expected to keep all claims on hold with the FSA falsely claiming that hardship arrangements are in place and working.

[EXC]

Re: Bluebell's Debt Thread & Hardship Claim

I think that's a good idea Kaf.

I've been wondering about doing this for a while now. Put up an initial advert in a national paper to challenge Lloyds to deal with it and conduct a real time experiment, the rusults of which again get published. If Lloyds react positively and in good time, then it becomes the 'standard' by which other hardship claims are measured.

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

It all seems such a long time ago EXC but we had that thread on hardship when we were putting together the original form of the letter - which did work for a few claimants even after the stay.

As far as I remember the general consensus was as above that these cases are not of iterest to the courts - We decided to try and try a letter and then use the reply to refer or pressurise the FOS. As far as I can remember also the important thing is to show that the hardship was worsened by or was caused by the charges. If you were just in a bad financial position before the charges that would not be sufficient argument . However the contra argument would be that say you were on low income and could not afford to repay the OD caused mainly by charges then surely your situation would very quickly become unrecoverable.

On that thread there were several opininions about the definition of hardship and this was an extract of a letter that was posted as well.


Complaints about unauthorised overdraft charges: hardship cases
An announcement was made recently about a test case on unauthorised overdraft charges. Until that case is heard in court, banks joined in the case have been given dispensation by the FSA just to acknowledge but not to investigate complaints, unless the customer is in very difficult financial circumstances. 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. Complaints about banks which have not complied with the financial difficulties provisions of the Code would still be entitled to be referred to, and dealt with by, the FOS under the complaints procedure as explained above.
“Financial hardship” is not defined in the Banking Code. Financial institutions should consider complaints on a case by case basis, taking into account the information provided by the customer. Similarly FOS will consider the merits of each individual case. Section 14 of the Code and Guidance cover how firms should treat customers in financial difficulties.”
I hope this is helpful to you .
Regards,
Mrs Hilary Putt
Helpdesk Manager
Banking Code Standard Board

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

Also just another thought - say in bluebells case we get a letter to pass on to the FOS it may be worth pushing hard as the banks seem to have had plenty of time to sort this out. Also a copy to banking code standard board may be interesting.

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

I am also going to post a summary on Travel girl thread - so we can have a read before she comes bcak form her break ( she is on a carers break for a week) and to be honest the story is worse even than the post - as it would take too long to put in more detail!

Jan

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Okay - could we seperate the hardship charges reclaim thread for Bluebell from the rest of the debts being worked on with her. Might make things easier to follow ?