Corvin vs Lloyds TSB hardship case

[corvin7]

Hi All

I was wondering if anyone could direct me in the right direction regarding my next step to reclaiming my bank charges under a hardship case. I think i'll have to give some back ground, so everyone can appreciate where I am at, at the moment.

Last year (Aug 2007), I suffered a breakdown lost my well paid job as a consequence. I eventually registered for benefits in January '08 and have been receiving benefits since then. After therapy and good ole anti depressants, I've slowly snapped out of my sorry state and started looking for work in July 08. Even though I've been unsuccessfull to date, I am positive & looking very hard, and understand that the economic state might force me to take on a whole new career path. (I was in Investment banking before, so almost no chance of continuing in that line for the next year at least).

Needless to say, I have outstanding debts, maxed credit cards and a Lloyds debit card (Current account) with an overdarft limit thats also been floating on the limit every month. I tried opening a basic account with halifax in July'08, but was turned down for reasons not explained. So at the moment, benefits are being paid into my Lloyds Current account, and after penalties and rent have been paid. Im left with scraps to live on.

15 Nov 08 - I sent a formal letter to Lloyds TSB, reclaiming all charges, and also requesting it be dealt with as a hardship case. Also mentioned the "Social Security Administration act 1992" as a means of hopefully freezing all further penalty charges coming out of my account.

18 Nov 08 - Received a letter from Lloyds with a reference case number, and stated that the case will be dealt within 4 weeks.

20 Nov 08 - Received a letter from Lloyds. (Basically saying the case will be on hold untill OFT decision and court appeal have been finalised)

I have inserted 4 of the paragraphs from their letter..

"If you are thinking of making a claim through the courts, please note that we will be asking the courts to postpone proceedings about bank charges until the conclusion of the banks' proceedings with the OFT.

We have considered the point you have raised in relation to the Social Security Administration Act 1992, which we believe was directed at section 187. It is our view, and the view of our legal advisers, that debiting these bank charges from an account into which benefits have been or will be paid is not contrary to that provision of the act.

we appreciate that you may have wanted to have your claim dealt with more quickly, but we can assure you we are taking steps to ensure that your complaint will not be disadvantaged whilst the test case continues

From our inestigations, it may be that you are experiencing financial difficulties. To see if there is anything we can do to help, we have forwarded a your details on to our customer support unit. They are our experts in dealing with customers with fin. difficultiey of hardship & can help you review your your finances to see if there's any assistance we can provide. If not yet, they will be in contact with you in a week."

24 Nov 08 - I have just completed a personal budget sheet (Downloaded from here) and also obtained these following details in one of the threads:

Lloyds Customer Service Recovery Centre
Queen's Rd Quadrant
4th Floor
Brighton
BN1 3XJ

0845 600 6299

Should I jump the gun and send Lloyds my completed personal budget? Any ideas of what I should mention in the covering letter for my budget sheet?

Seeing as all bank charge court cases are automatcally being held and my funds are low, should I even bother to register a case at this point?

Any help would be appreciated!

[killersla]

Re: Corvin vs Lloyds TSB hardship case

below is a copy of the FSA guid lines on how a company should be considering hardship cases. If you fall into any of those categories then you can be considered for hardship.

Different banks deal with hardship in different ways.

My advice at the moment would be to read all the other threads on hardship and see were you stand but im sure someone else will be along who is more versed on the subject but i hope this helps.

Good luck









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).

[corvin7]

Re: Corvin vs Lloyds TSB hardship case

Many thanks Killersla

Will work all the info into my letter and report back with the results.



Anyone know whether it worth starting legal proceedings at this point?

[Amethyst]

Re: Corvin vs Lloyds TSB hardship case

I would go through FOS rather than court on hardship claims at this stage of the test case.

If you want a hand with your letter pop up a draft here and we'll have a go, and yes I';d send your IE in first up.

[scoobydoo]

Re: Corvin vs Lloyds TSB hardship case

Definitely worth a try - if you read on other threads here we have had a few successes on hardship basis .

So if you identify yourself again as claiming under the waiver conditions with a personalised letter and I&E

then we can go from there.

and we are non-judgemental regarding previous employment

scooby