BF v Abbey ** SUCCESS **

[bloomingflower]

Re: BF v Abbey

Hi All!

Have been having some trouble and strife with my comp the last couple of days, and couldnt get access to LB... I could also get on some sites.. but not others, which was rather weird lol. Went throuigh all troubleshooting that was necessary, but to no avail, untilI I rememebered it happenend once before a long while back.. and it turned out it was my BT home hub having a tantrum! lmao.. cant say they are BT's best thing since sliced bread, cos have heard other BT customers with same problems! it seems the remedy to rectify a problem is to switch the hub off.. then back on again! but it doesnt always work first time ( if it isnt faulty. ahh, the world of technology LOL )

Anyway... got to go back to typing out my hardship letter and getting paperwork ready to submit to Abbey..as havent been able to complete it due to the above, and the more time spent on fiddling with home hub.. the less time spent on hardship claim..


onwards and upwards lol


BF x

[Amethyst]

Re: BF v Abbey

pmsl glad you got back....off and on again FIRST STEP in future lol. Hey at least you have clean cookies anyway now.

[bloomingflower]

Re: BF v Abbey

Thanxs Ame - I feel an utter twit now pmsl!!!!

[Budgie]

Re: BF v Abbey

Come on Jas, get this letter finished !

Abbey seem eager to give peeps their money back, let's get your letter sorted and on its way this weekend.

Don;t worry too much about the evidence in support of the hardship claim. If they want it they can ask for it.

Budgie XX

[bloomingflower]

Re: BF v Abbey

Yup Bud! its all here ready for you to have a peruse... feel like a student who hasnt done her homwork on time LOL BTW.. congratz on your new status!!

here is my hardship letter to Abbey/Ronan Coyle (Abbeys Legal rep) I have kept this post shorter to the original one I will be sending to Abbey..as its too long to post on here...Ive only left out the details of income and outgoings etc... the questions have been answered point by point..


Dear Mr Ronan Coyle/Ashursts/Abbey

Thank you for speaking with my fiancée over the phone on the 25th July with regards to my 5 claims for the return of bank charges.

Further to the conversation, the 4 claims in which I began pursuing had been submitted into the court system from June of 2007. Claim 5 was at Preliminary stage. My 4 claims have since been on hold while the OFT/Banks Test Case arrives to a conclusion about the fairness of bank charges.

The main reason for the phone call to you was because I believe my case meets the definition of financial hardship. (With regards to FSA’s current ruling on Hardship) You will currently have my 5 claims on your files as follows... 7KT02582 – 7KT02832 – 7KT03043 – 7KT03281... Claim 5 is Preliminary letter dated 3/3 08

As promised over the phone... I submit to you the relevant original hardcopy evidence/proof and budget sheet of my total household income and outgoing financial commitments/difficulties


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;

My main income derives from my low paid full-time employment as a delivery driver, of which my annual salary stands today at £14,082.( 1173 per month before tax deduction and NI) This low salary has been under review for the last 9 months by the company’s board of directors, and I am still waiting to hear the outcome, if any. My future depends on this outcome whether I stay with this company, or will have to seek better paid employment. It will be a big decision for me, as I have been in this employment for nearly 5 years. Employment stability is important to me, but cannot manage on low pay, and will, if have to, move on if the outcome is not what I’m seeking. Update – the annual staff pay review will be taking place on the 1st August 08, so hopefully, will find out in due course what the outcome will be.

I have 2 children with my fiancée/partner, who receives a weekly payment of Child Benefit, £31.35 for our same 2 children.
On top of the above income we both also receive Working and Child Tax credits and Housing benefit, total amount stands today at £135 per week


I am finding it very hard to cope and feel the pressure from all corners with regards to bank charges, unpaid bills, arrears, debts, and cost of living etc. In addition to low income, I am failing to meet payments on due dates also due to bank charges and resort to taking out ‘pay-day loans’ just to meet everyday living expenses. This situation is putting a strain on me and my fiancée.


i. Items repeatedly being returned unpaid due to lack of available funds;

You will see from reading the enclosed statements and spreadsheet that I have incurred over £500 in unauthorised overdraft charges in the last 12 months, therefore, items have been repeatedly returned unpaid due to lack of available funds.


ii. Failing to make loan repayments or other commitments;
You will see from the evidence provided that we have a considerable amount of unpaid bills and debts ongoing, and which are getting increasingly difficult to meet as more time goes on, due to the fact that our total outgoings are much more than our household income.


iii. Discontinuation of regular credits;


iv. Notification of some form of insolvency or court proceedings;


We have since received 3 new revised Council Tax bills for years 2006 to 2007, 2007 to 2008, and 2008 to 2009 this is due to ongoing arrears and amendments regarding our council tax benefit entitlements, you will see from looking at these bills, there is still a substantial amount of arrears on the account even with our council tax benefit deducted.
I started paying council tax via ‘attachment of earnings’ method in October 2006 after a court order was made by Elmbridge Borough Council, the order was to make monthly payments of around £120 (amount fluctuates from month to month) from my monthly salary, and has been in place up until April 2008.
I have since been waiting to hear back from Elmbridge Council, as they will be notifying me when they will be resuming the ‘attach of earnings’ order. Total Council Tax owing to date – £3905.61


v. regular requests for increased borrowing or repeated rescheduling of debts

The last few months, I have had to resort to borrowing from ‘loan til payday’ companies; ideally, this is something that I would prefer not to do, considering we are going through financial hardship. I would like to think this is a temporary solution for now and it’s a way of juggling to pay for bills, debts and the ever increasing cost of living.

vi. Making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
I have ceased from owning a credit card a few years now, and am not in a position to own one now or in the future due to my adverse credit history.

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).

You will see from reading the enclosed statements and spreadsheet that I have incurred over £500 in unauthorised overdraft charges in the last 12 months.


To this end, please may I ask that Abbey look at my claims again? I enclose a new revised spreadsheet for my claims which stand today for the total amount of charges - £5482.00 plus 8% statutory interest = £1,307.17 = Grand Total £6,789.17


Kind Regards

[Amethyst]

Re: BF v Abbey

Dear Mr Coyle

Thank you for speaking with my partner over the phone on the 25th July with regards to my claim for the return of bank charges.

Further to that conversation, I confirm that four claims are currently within the courts system and one claim is on hold in your complaints department.

The total of these claims are £5482.00 plus 8% statutory interest, totalling £6,789.17.

With regards to the FSA's recent update to their guidelines on financial difficulty I believe my case meets the definition of financial hardship.

I have detailed the reasons for this below; and attach to this letter the relevant documentation as requests and budget sheet of my total household income and outgoing financial commitments.


My main income derives from my low paid full-time employment as a delivery driver, of which my annual salary stands today at £14,082 before tax.

I have two children with my partner with whom I share my home. We receive a weekly payment of Child Benefit totalling £31.3. We also receive Working and Child Tax Credits alongside Housing benefit. The payments total £135 per week.

My total weekly income after tax and National Insurance contributions totals £XXX.


Items have been repeatedly returned unpaid due to lack of available funds. The enclosed statements and spreadsheet show that have incurred over £500 in unauthorised overdraft charges in the last 12 months.


Additionally, you will see from the evidence provided that we have a considerable amount of unpaid bills and ongoing debts. These are getting increasingly difficult to meet as more time goes on, due to the fact that our total outgoings are much more than our household income.

I also enclose copies of our Council Tax demands which detail a substantial amount of arrears which we are working hard to bring up to date. I started paying council tax via ‘attachment of earnings’ method in October 2006 after a court order was made by Elmbridge Borough Council. This order was to make monthly payments of around £120 from my monthly salary, and has been in place up until April 2008. just check that bit hun - hjas it stopped and you are waiting for it to start again ?
I have since been waiting to hear back from Elmbridge Council, as they will be notifying me when they will be resuming the ‘attach of earnings’ order. Total Council Tax owing to date – £3905.61


On a number of occassions over the last few months, in order to make ends meet, I have had to resort to borrowing from payday loan companies. Ideally, this is something that I would prefer not to do, considering we are going through financial hardship. It is the only option currently open to me to enable me to pay for bills, debts and the ever increasing cost of living.


To this end, I ask that Abbey look at my claims again.

I enclose a new revised spreadsheet for my claims. As of todays date the total claim stands at £6,789.17 .

I am finding it very hard to cope and feel the pressure from all corners with regards to bank charges, unpaid bills, arrears, debts, and cost of living etc. In addition to low income, I am failing to meet payments on due dates also due to bank charges and resort to taking out ‘payday loans’ just to meet everyday living expenses. This situation is putting a strain on me and my partner and I ask that you consider my claim, and my circumstances, under the terms of the waiver, and the banking code.


Kind Regards

okay done for now....what do you think ?

[bloomingflower]

Re: BF v Abbey

Thanxs Ame.. yeh.. must admit my version was a bit like typin out an essay!! LOL
I guess it was not that necessary to go into all details.. so will shorten.. its also a bit tricky trying to explain most things on behalf of my O/H.. as you may know already.. Im doing all of this for him..
.. yes thats much better.. trouble is..I do like to waffle on!!! lmao

BF x

[Amethyst]

Re: BF v Abbey

aye hunny, think its a bit better now tho. I don't mind if you add bits back in and have kept it in your words as much as poss. Council tax bits confuddled me a bit so work on that bit a bit more.

[bloomingflower]

Re: BF v Abbey

yes.. the CT had stopped in April 08.. so now waiting to resume making payments again.. but have gotta wait to hear from EBC..I rang the CT dept.. and they are aware of everything and they are busy shufflin thier paper work round and will get back to me in due course.
------------------------------- merged -------------------------------
Dear Mr Coyle

Thank you for speaking with my partner over the phone on the 25th July with regards to my claim for the return of bank charges.

Further to that conversation, I confirm that four claims are currently within the courts system and one claim is on hold in your complaints department.

The total of these claims are £5482.00 plus 8% statutory interest, totalling £6,789.17.

With regards to the FSA's recent update to their guidelines on financial difficulty I believe my case meets the definition of financial hardship.

I have detailed the reasons for this below; and attach to this letter the relevant documentation as requests and budget sheet of my total household income and outgoing financial commitments.


My main income derives from my low paid full-time employment as a delivery driver, of which my annual salary stands today at £14,082 before tax.

I have two children with my partner with whom I share my home. We receive a weekly payment of Child Benefit totalling £31.3. We also receive Working and Child Tax Credits alongside Housing benefit. The payments total £135 per week.

My total weekly income after tax and National Insurance contributions totals £XXX.


Items have been repeatedly returned unpaid due to lack of available funds. The enclosed statements and spreadsheet show that have incurred over £500 in unauthorised overdraft charges in the last 12 months.


Additionally, you will see from the evidence provided that we have a considerable amount of unpaid bills and ongoing debts. These are getting increasingly difficult to meet as more time goes on, due to the fact that our total outgoings are much more than our household income.

I also enclose copies of our Council Tax demands which detail a substantial amount of arrears which we are working hard to bring up to date. I started paying council tax via ‘attachment of earnings’ method in October 2006 after a court order was made by Elmbridge Borough Council. This order was to make monthly payments of around £120 from my monthly salary, and has been in place up until April 2008. Elmbridge Council had withdrawn the 'attachment of earnings' order in April on a temporary basis while they revised and updated the new bills.
I have since been waiting to hear back from Elmbridge Council, as they will be notifying me when they will be resuming the ‘attach of earnings’ order. Total Council Tax owing to date – £3905.61


On a number of occassions over the last few months, in order to make ends meet, I have had to resort to borrowing from payday loan companies. Ideally, this is something that I would prefer not to do, considering we are going through financial hardship. It is the only option currently open to me to enable me to pay for bills, debts and the ever increasing cost of living.


To this end, I ask that Abbey look at my claims again.

I enclose a new revised spreadsheet for my claims. As of todays date the total claim stands at £6,789.17 .

I am finding it very hard to cope and feel the pressure from all corners with regards to bank charges, unpaid bills, arrears, debts, and cost of living etc. In addition to low income, I am failing to meet payments on due dates also due to bank charges and resort to taking out ‘payday loans’ just to meet everyday living expenses. This situation is putting a strain on me and my partner and I ask that you consider my claim, and my circumstances, under the terms of the waiver, and the banking code.


Kind Regards


Ive changed the CT bit Ame.. is this ok?

[Amethyst]

Re: BF v Abbey

yep better. wait for bud to take a look too but I think that should do the trick

[bloomingflower]

Re: BF v Abbey

yup..thanxs for that Ame.. will let bud have a peek.. then will print off and submit asap..

your shorter version much better.. Paul (my O/H) was askin me earlier "what you flippin typin, our whole life story???!!! :tinysmile_hmm_t2: lmao

[Budgie]

Re: BF v Abbey

Hi Jas, I have tweaked it a little bit, but like Ame have tried to leave it substantially in your own words. Let me know what you think! To be honest I think any of the various versions would be fine to send, so feel free to do whatever you feel you are most comfortable with.

Rgds Budgie


Dear Mr Coyle

Thank you for speaking with my partner Jasmine over the phone on the 25th July with regards to my claims for the return of bank charges.

Further to that conversation, I confirm that four claims are currently within the Court system and one claim is on hold in your complaints department. The total of these claims are £5482.00 plus 8% statutory interest, totalling £6,789.17.

With regards to the FSA's recent update to the complaint's handling waiver and their guidelines on financial difficulty I believe my case meets the criteria for financial hardship.

I have detailed the reasons for this below; and attach to this letter the relevant documentation together with a budget sheet detailing my total household income and outgoing financial commitments as requested.

My main income is derived from my low paid full-time employment as a delivery driver, of which my annual salary stands today at £14,082 before tax.

I have two children with my partner with whom I share my home. We receive a weekly payment of Child Benefit totalling £31.30 and we also receive Working and Child Tax Credits alongside Housing benefit. These benefits total £135 per week.

My total weekly income after tax and National Insurance contributions totals £XXX.

Payment items have been repeatedly returned unpaid due to lack of available funds. The enclosed statements and spreadsheet show that I have incurred over £500 in unauthorised overdraft charges in the last 12 months.

Additionally, you will see from the evidence provided that we have a considerable amount of unpaid bills and ongoing debts. These are getting increasingly difficult to meet due to the fact that our total outgoings are much more than our household income.

I also enclose copies of our Council Tax demand which details a substantial amount of arrears which we are working hard to bring up to date. I started paying council tax via the ‘attachment of earnings’ method in October 2006 after a court order was made by Elmbridge Borough Council. This order was to make monthly payments of around £120 from my monthly salary, and was in place up until April 2008 but has been temporarily suspended whilst the Council revise and update the new bills. We expect the 'attachment of earnings' order to resume shortly. The total amount of council tax currently outstanding at present is £3905.61.

On a number of occassions over the last few months, in order to make ends meet, I have had to resort to borrowing from payday loan companies. Ideally, this is something that I would prefer not to do, however, owing to our finacial hardship this is the only option, currently open to me, to enable me to pay for bills, debts and the ever increasing cost of living.

I am finding it very hard to cope and feel the considerable pressure from all corners with regards to bank charges, unpaid bills, arrears, debts, and cost of living etc. In addition to low income, I am failing to meet payments on due dates also due to bank charges and have resort to taking out ‘payday loans’ just to meet everyday living expenses. This situation is putting a terrible strain on me and my partner and our children and I ask that you reconsider my claim, and my circumstances, under the terms of the waiver, and the banking code.
I have enclosed a revised and updated spreadsheet for my claims. As of today's date the total claim stands at £6,789.17 .

Kind Regards

( Jas, add your phone number at the bottom )

[bloomingflower]

Re: BF v Abbey

Thankyou for that Bud!!! I will now print off ready for submitting to Abbey.. I will also keep this thread updated in the next week or so..or at least if/when we hear back from Abbey

So..here goes and see what happens..fingers crossed!



Jas xx BF

[Amy]

Re: BF v Abbey

Tidied it up a bit for you xx

Dear Mr Coyle

Thank you for speaking with my partner Jasmine over the telephone on the 25th July with regard to my claims for the return of bank charges.

Further to that conversation, I confirm that four claims are currently within the court system and one claim is on hold in your complaints department. The total of these claims is £5482.00 plus 8% statutory interest, totalling £6,789.17.

With regard to the FSAs recent update to the complaints handling waiver and their guidelines on financial difficulty I believe my case meets the criteria for financial hardship.

I have detailed the reasons for this below and attach to this letter the relevant documentation together with a budget sheet detailing my total household income and outgoing financial commitments as requested.

My main income is derived from my low paid full-time employment as a delivery driver, of which my annual salary stands today at £14,082 before tax.

I have two children with my partner with whom I share my home. We receive a weekly payment of Child Benefit totalling £31.30 and we also receive Working and Child Tax Credits alongside Housing benefit. These benefits total £135 per week.

My total weekly income after tax and National Insurance contributions totals £XXX.

Payment items have been repeatedly returned unpaid due to lack of available funds. The enclosed statements and spreadsheet show that I have incurred over £500 in unauthorised overdraft charges in the last 12 months.

Additionally, you will see from the evidence provided that we have a considerable amount of unpaid bills and ongoing debts. These are getting increasingly difficult to meet due to the fact that our total outgoings are much more than our household income.

I also enclose copies of our council tax demand which details a substantial amount of arrears which we are working hard to bring up to date. I started paying council tax via the ‘attachment of earnings’ method in October 2006 after a court order was made by Elmbridge Borough Council. This order was to make monthly payments of around £120 from my monthly salary, and was in place up until April 2008 but has been temporarily suspended whilst the council revise and update the new bills. We expect the 'attachment of earnings' order to resume shortly. The total amount of council tax currently outstanding at present is £3905.61.

On a number of occasions over the last few months in order to make ends meet, I have had to resort to borrowing from payday loan companies. Ideally, this is something that I would prefer not to do, however, owing to our financial hardship this is the only option currently open to me to enable me to pay for bills, debts and the ever increasing cost of living.

I am finding it very hard to cope and feel the considerable pressure from all corners with regard to bank charges, unpaid bills, arrears, debts and cost of living etc. In addition to low income, I am failing to meet payments on due dates also due to bank charges and have to resort to taking out ‘payday loans’ just to meet everyday living expenses. This situation is putting a terrible strain on me and my partner and our children and I ask that you reconsider my claim and my circumstances under the terms of the waiver and the banking code.

I have enclosed a revised and updated spreadsheet for my claims. As of today's date the total claim stands at £6,789.17 .

Yours sincerely

[bloomingflower]

Re: BF v Abbey

Hi All :tinysmile_grin_t: quick update....

Ive been such a plonker this morning.. cos I have been trying to email the above letter to Ronan Coyle, but the first couple of times I flippin forgot to type the dot between is first and last name in his email addy!!!! email kept coming back as cant be sent ! !:doh:

Anyway.. after 3rd attempt LOL , he has now got it at his end... I spoke to him direct on the phone this morning, he's back from his hols..So... all I gotta do now is send him the hardcopy proof through the post.. which he should recieve tomorrow morning.....I will be poppin out to the post offy a bit later....



Bf xx