complaint to FSA individuals re hardship

[Amethyst]

Re Bud's post on skintkims thread it might be worth working out a basic letter to send to the FSA to complain about the banks ignoring hardship for individual cases - possibly also to cover the FOs doing the same.

Are FSA the right peeps to write to ? i think so as they wrote the waiver rules and get the reports back from the banks. if they arent told the banks are ****ing peeps about they dont know.


Also what the complaints time table for hardship is - is it the 8 weeks under the banking code still as per normal final resolution for complaints ?

[EXC]

Re: complaint to FSA individuals re hardship

The waiver directions or Banking Code don't specify a timetable for hardship cases.

(20) the firm must ensure that the standards in section 14 of the Banking Code guidance for subscribers, March 2008 version (‘the Code’), for dealing with customers in financial difficulty are complied with in respect of relevant charges complaints, in so far as they are relevant, even if the firm is not a subscriber of the Code. As a minimum, the FSA expects the firm to take the steps described in Annex 2 of this direction in dealing with a customer who claims to be in financial difficulty, including making an assessment of financial difficulty;
Changes


Just reading the updated waiver directions again I noticed this that may have something to do with thenew Lloyds dept.


If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.
------------------------------- merged -------------------------------
If the hardship claim relates to a claim ie a complaint about charges, the FSA are responsible for complaints a la the complaints handling waiver.

I'll take a llok at Skintkims thread.

[EXC]

Re: complaint to FSA individuals re hardship

I have spoken with the Banking Code Standards Board about getting something in writing from them about the timescales banks should adhere to when dealing with hardship and potential hardship cases as the Banking Code is quoted several times in the waiver's hardship conditions. Although complaints as such are the responsibility of the FSA, hardship generally comes under the BCSB.

Also in the case of Barclays, the standard response letter to hardship claimants contains the line ''I believe our obligations under the Banking Code have been misrepresent in the media and elsewhere....'' as per the example from October last below. And according to a recent post on MSE, they are still using it. I've aske the BCSB for their view.

Encouragingly the woman I spoke to seemed very keen for us to give them any evidence of breaches to the banking code but unfortunately they don't investigate individual complaints on behalf of consumers.

I'll give the kind folks at the FSA a call now.

[EXC]

Re: complaint to FSA individuals re hardship

All too predictably, the FSA were as helpful as a glass of salt water in the Atlantic.

The only time limits in existance are those for general complaints in the FSA's complaints handling rules in Disp 1.6.

http://www.fsa.gov.uk/pubs/hb-releas.../rel75disp.pdf

[Amethyst]

Re: complaint to FSA individuals re hardship

.F.i.n..a..l. .o..r. .o..t.h..e..r. ..r.e..s.p..o..n..s.e.. .w...i.t.h..i.n.. .e..i.g..h..t. .w...e.e..k..s.................................... .............
The respondent must, by the end of eight weeks after its receipt of the
complaint, send the complainant:
1.6.2
(1) a final response; or
(2) a written response which:
(a) explains why it is not in a position to make a final response
and indicates when it expects to be able to provide one;
(b) informs the complainant that he may now refer the complaint
to the Financial Ombudsman Service; and
(c) encloses a copy of the Financial Ombudsman Service standard
explanatory leaflet.

[Amethyst]

Re: complaint to FSA individuals re hardship

So eight weeks to final resolution letter or explanation of when final response may be.

Not a great deal of help.

Would FOS deal with Waiver hardship rules disregards? FOS have lengthy backlogs for complaints too however. Doesn;t appear to be an official time limit for response to complaints applies to the FOS ?

Of course, we can’t prioritise every case. But we will make special efforts to minimise delays where it is clear to us that:

• The consumer would face particular financial difficulties because of any delay. This might occur, for example, where:
  – the consumer is already experiencing severe financial hardship that would be alleviated by a positive outcome to their complaint;
  – there is an imminent threat of a lender taking possession of the consumer’s home;
  – a significant and damaging financial loss is expected to occur in the near future; or
  – the outcome of the complaint will decide the consumer’s main source of income.
• Any delay would add significantly to the distress and inconvenience suffered by a consumer – or would have an adverse effect on their health. This might occur, for example, because:
  – the consumer is seriously ill;
  – the outcome of the complaint will decide whether important medical treatment should be continued;
  – the consumer has been in temporary accommodation for an extended period – awaiting satisfactory repairs to their home; or
  – the viability of the consumer’s business is under real threat – as a result of issues that will be settled when the complaint is decided

[EXC]

Re: complaint to FSA individuals re hardship

Just spoke to the FOS and after contradicting themselves at every turn they did finally say that they would write to a bank immediately on behalf of a hardship claimant if the bank was dragging their heals in recognising hardship status and dealing with it.

I'll e-mail them to get it in writing to support any claimant who contacts the FOS wanting to go down this route.

He did stress that the FOS do not have the power to speed the process up as there are no defined rules on time scales for this situation.

[EXC]

Re: complaint to FSA individuals re hardship

The BCSB have asked me to send them the Barclays letter. I assume Skintkim got a similsr one and it would be useful to give them that one too as it will prove they have been using the same letter for at least nearly a year - I'll ask her for it on her thread.

Also I think we should send them a summary of how Barclays have handled her hardship claim.

[Amethyst]

Re: complaint to FSA individuals re hardship

The Barclays hardship letter is correct re the comment on the hardship. The waiver doesnt entitle hardship claimants to a refund at all only assistance with their finances and due consideration.

[EXC]

Re: complaint to FSA individuals re hardship

Yes that is right but the element of the letter I'm questioning - and what the BCSB seem to be unhappy with - is the reference to how the Banking Code has been misrepresented.