Bank charges with hardship claim

[Paule]

Re: Bank charges with hardship claim

I have just un approved your attachment cos you left personal details on.
I will remove them and post it back on the forum you

[Paule]

Re: Bank charges with hardship claim

Personal details removed

HSBC Bank Plc
Service Management - CRT
Arlington Business Centre
Millshaw Park Lane
Leeds
LSI 1 OPP

Dear Sir/Madam

RE: Account Number
RE: Claim Number

Refund of Insufficient Funds Charges Request

I request a refund of the various “Insufficient Funds” charges which you have taken from my account over the past 6 years.

Further to recent publicity covering the high court test case between the office of fair trading and the banks, I am now aware that these charges may be considered unlawful at common law and statute.

The high court has decided that the recent charges applied to my account can be assessed for fairness under the unfair terms in consumer contracts regulations 1999.

I believe these charges to be unfair as the terms which apply them fall under the remit of the unfair terms in consumer contract regulations 1999, Schedule 2 - paragraph (e) which states that the contract terms which have the object or effect of “(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” may be regarded as unfair.

I note the FSA’s definition of Financial Hardship as detailed in the updated waiver and believe that I meet these criteria and wish you to deal with my refund request accordingly.

• I currently live in rented accommodation with my partner and 3 children we have had to downsize property because of spiralling debt to try and cut costs of living but to no avail.
• We recently have had to pass all of our debt to a debt management team who have taken control of our debt and we make minimum payments to them and they pass it on to our creditors who still have not agreed the payments and deeded them to low.
• I am currently receiving charges to my bank account due to insufficient funds and am in arrears with council tax and with our electricity bill
• We have recently been blessed with another son in our household but we are very concerned as I constantly have to borrow money to buy everyday essentials i.e. nappies baby food etc.
• Our Nat West account has now also been passed on the collectors due to the sum of £800 in charges been applied for insufficient funds just in the past 7 months, I am very concerned that our new abbey account will go the same way as we are already starting to have charges applied to it.

I have enclosed an income/outcome expenditure sheet so you can clearly see how bad our financial position is.

Your assistance in resolving this matter would be gratefully received. I therefore respectfully ask you formally for this assistance.

Yours Faithfully

[killersla]

Re: Bank charges with hardship claim

opps ok thanks pkea

[killersla]

Re: Bank charges with hardship claim

i have just got of the phone with the ombusman and i was talking about my hsbc account im not sure i have mentioned in this thread but i no longer have any dealings with hsbc i dont own them any money or have an account with them i just have a claim for charges in the past and the guy at the ombusman told me because of that i will not have a case for hardship with them thats a bit of a bummer. However we still have dealings with natwest i.e. own them money so i suppose i will have to concentrate on that one.

[killersla]

Re: Bank charges with hardship claim

is this actually true because i have no dealings with hsbc now i will not be able to get any of the money claimed due to hardship

[Paule]

Re: Bank charges with hardship claim

It may be just that the FOS wont deal with claims from closed accounts under hardship rules as in theory they arent affecting your current hardship, whereas your current account will have an effect on your current hardship.

That is my opinion as I do not know what criteria the FOS use

Others may have a different take on it

PKea

[killersla]

Re: Bank charges with hardship claim

i see what your saying hsbc are not effecting my current hardship however it would certinally bloody help if i was able to get at some of claimed money i have stayed with them

[scoobydoo]

Re: Bank charges with hardship claim

Actually there is a case on here with Abbey which has been refunded on a hardship basis although the account was closed - Travel girl - So may still be worth pursuing and just see what reply you get.

On your letter you outline your current circumstances but was there any particular event that started the problems? For example a change in income or illness or redundancy ?

If so it may be worth including that to show how the problems started.

Scooby

[killersla]

Re: Bank charges with hardship claim

yeah there was a change in circumstances that started it. One of my partners children decided to move back in with her farther so we lost child benefit tax credits and maintence money and thats basically when we started getting loads of charges. So with all the info i have given do you think it is a good case for hardship?
------------------------------- merged -------------------------------

HSBC Bank Plc
Service Management – CRT
Arlington Business Centre
Millshaw Park Lane
Leeds
LSI 1 OPP


Dear Sir/Madam


RE: Account Number

RE: Claim Number

Refund of Insufficient Funds Charges Request


I request a refund of the various “Insufficient Funds” charges which you have taken from my account over the past 6 years.



Further to recent publicity covering the high court test case between the office of fair trading and the banks, I am now aware that these charges may be considered unlawful at common law and statute.

The high court has decided that the recent charges applied to my account can be assessed for fairness under the unfair terms in consumer contracts regulations 1999.

I believe these charges to be unfair as the terms which apply them fall under the remit of the unfair terms in consumer contract regulations 1999, Schedule 2 – paragraph (e) which states that the contract terms which have the object or effect of “(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” may be regarded as unfair.

I note the FSA’s definition of Financial Hardship as detailed in the updated waiver and believe that I meet these criteria and wish you to deal with my refund request accordingly.






· Approximately 6 months ago my partner’s oldest daughter decided to go and live with her farter full time instead of living with us. Because of this move we were no longer entitled to claming child tax credits, child benefit and maintenance money for her and subsequently starting incurring charges for insufficient funds in our account.
· I currently live in rented accommodation with my partner and 3 children we have had to downsize property because
Spiralling debt to try and cut costs of living but to no avail.
· We recently have had to pass all of our debt to a debt management team who have taken control of our debt and we make minimum payments to them and they pass it on to our creditors who still have not agreed the payments and deeded them to low.
· I am currently receiving charges to my bank account due to insufficient funds and am in arrears with council tax and with our electricity bill
· We have recently been blessed with another son in our household but we are very concerned as I constantly have to borrow money to buy everyday essentials i.e. nappies baby food etc.
· Our Nat West account has now also been passed on the collectors due to the sum of £800 in charges been applied for insufficient funds just in the past 7 months, I am very concerned that our new abbey account will go the same way as we are already starting to have charges applied to it.


I have enclosed an income/outcome expenditure sheet so you can clearly see how bad our financial position is.



Your assistance in resolving this matter would be gratefully received. I therefore respectfully ask you formally for this assistance.


Yours truly




Graham Kennedy











i have added the change in circumstances which started the snow ball of charges is my letter ok and has anyone got anything to add please?

[scoobydoo]

Re: Bank charges with hardship claim

Well its definitely worth a try - for the price of a few recorded delivery letters!

I am not sure about putting in the reason above though - as if the child tax credits and maintainance were for the child and they moved out then your outgoings would have presumably reduced as well?

Or am I missing something ?

Each hardship case is looked at on an individual basis and each bank has different criteria - the waiver is only a guideline - so all you can do is keep trying - and if they say no first time keep writing - sometimes it takes a long battle.

But if I was in your position I would definitely give it a try.

[killersla]

Re: Bank charges with hardship claim

right ok i will give it a try, i suppose your right our outgoings would of come down but we eneded up loosing £400 a mounth because of her moving and i can safely say our outgoings were no were near that amount for her up keep only about £100 a mounth for her up keep and the rest on paying bills etc

[EXC]

Re: Bank charges with hardship claim

I would be tempted to include the FSA's updated hardship criteria. And maybe confrrm which of the individual criteria apply to you.


Annex 2 – Dealing with complainants in financial difficulty

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

2. In making an assessment of financial difficulty the firm will take into account:

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;

b. evidence of the following events:

1. 1. 1. items repeatedly being returned unpaid due to lack of available funds;
      2. failing to make loan repayments or other commitments;
      3. discontinuation of regular credits;
      4. notification of some form of insolvency or court proceedings;
      5. regular requests for increased borrowing or repeated rescheduling of debts;
      6. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
      7. 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).

[killersla]

Re: Bank charges with hardship claim

ok i have re done the letter but again if anyone has anything to add that would be great.


HSBC Bank Plc
Service Management – CRT
Arlington Business Centre
Millshaw Park Lane
Leeds
LSI 1 OPP


Dear Sir/Madam


RE: Account Number

RE: Claim Number

Refund of Insufficient Funds Charges Request


I request a refund of the various “Insufficient Funds” charges which you have taken from my account over the past 6 years.



Further to recent publicity covering the high court test case between the office of fair trading and the banks, I am now aware that these charges may be considered unlawful at common law and statute.

The high court has decided that the recent charges applied to my account can be assessed for fairness under the unfair terms in consumer contracts regulations 1999.

I believe these charges to be unfair as the terms which apply them fall under the remit of the unfair terms in consumer contract regulations 1999, Schedule 2 – paragraph (e) which states that the contract terms which have the object or effect of “(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” may be regarded as unfair.

I note the FSA’s definition of Financial Hardship as detailed in the updated waiver and believe that I meet these criteria and wish you to deal with my refund request accordingly.






Annex 2 – Dealing with complainants in financial difficulty




1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.




2. In making an assessment of financial difficulty the firm will take into account:




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;




b. evidence of the following events:

1. 1. 1. items repeatedly being returned unpaid due to lack of available funds;
      2. failing to make loan repayments or other commitments;
      3. discontinuation of regular credits;
      4. notification of some form of insolvency or court proceedings;
      5. regular requests for increased borrowing or repeated rescheduling of debts;
      6. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
      7. 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).
      
      
   
   

· Approximately 6 months ago my partner’s oldest daughter decided to go and live with her farter full time instead of living with us. Because of this move we were no longer entitled to claming child tax credits, child benefit and maintenance money for her and subsequently starting incurring charges for insufficient funds in our account.
· I currently live in rented accommodation with my partner and 3 children we have had to downsize property because
Spiralling debt to try and cut costs of living but to no avail.
· We recently have had to pass all of our debt to a debt management team who have taken control of our debt and we make minimum payments to them and they pass it on to our creditors who still have not agreed the payments and deeded them to low.
· I am currently receiving charges to my bank account due to insufficient funds and am in arrears with council tax and with our electricity bill
· We have recently been blessed with another son in our household but we are very concerned as I constantly have to borrow money to buy everyday essentials i.e. nappies baby food etc.
· Our Nat West account has now also been passed on the collectors due to the sum of £800 in charges been applied for insufficient funds just in the past 7 months, I am very concerned that our new abbey account will go the same way as we are already starting to have charges applied to it.


I have enclosed an income/outcome expenditure sheet so you can clearly see how bad our financial position is.



Your assistance in resolving this matter would be gratefully received. I therefore respectfully ask you formally for this assistance.


Yours truly

[WendyB]

Re: Bank charges with hardship claim

Hi Killer

looks okay to me, but run the spellchecker and grammar check over it before you send it.

Are you just doing HSBC or are you going to do Natwest as well?

[killersla]

Re: Bank charges with hardship claim

yes im doing hsbc and natwest but with natwest im actually starting a fresh claim fro charges so adding the charge statments and another paragraph stating what im owed going to send both of them today and we will wait and see