SUCCESS * MR-MR Vs Natwest F.Hardship claim

**killersla** · 4th December 2008, 17:50:PM

Re: MR-MR Vs Natwest F.Hardship claim

hi and welcome to the site.

So you currently have a claim satyed with the court in regard to bank charges but you are still now recieving bank charges?

If that is the case you need to identify yourself to natwest as a fiancial hardship case and ask for them to stop charging you until they decide wether you fall into the criteria.

below is the FSA guidlines on how banks should consider FH and from wht you have stated above i believe you fall into that.

you need to put together a letter info found in the libary on this site and do an income/outcome expenditure sheet and get it sent to them asap.

if you need any more help just ask and someone will be along to help.

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. 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).

**natweststaffmember** · 4th December 2008, 19:26:PM

Re: MR-MR Vs Natwest F.Hardship claim

Originally posted by MR-MR View Post

Hello everyone,

This is my first post here. I need some information for claiming unlawful bank charges against Natwest. My first claim is under hold due to the test case (last correspondence from Natwest saying case on hold in July 2008) but my current circumstances are now changed and I am without a job claiming jobseekers allowance. Over last three years I have paid around £3000 bank charges to Natwest (£551 only in month of September 2008 because I was off sick from work for two months) and my account had been constantly over drown £1000 most of the month for almost an year. I am very keen to claim these charges back under FH. I have been reading threads and get a lot of information from everyone. Can I just continue with my old case but inform them about my current circumstances?. Do you think I stand any chance?

Best regards,

A warm welcome to Legal Beagles. Can you clarify that the case is stayed with the Court or is it on hold with the bank? How much of the charges are not on hold, ie not claimed?
I think you need to have a look at ALL the DD's you have and cancel ALL non essential ones because they maybe costing you £38 a pop and that does not include charges by the DD providers.

**MR-MR** · 5th December 2008, 11:08:AM

Re: MR-MR Vs Natwest F.Hardship claim

Hello Natweststaffmember,

Thank you for your reply and for your support. My claim is on hold with the bank only. My claim was for £1870 including interest. These were the charges by end of June 2008. Since then in five months I paid almost £950 charges plus interest on top. I have not claimed this yet. Can I claim the rest of these charges as well? Do you think it is possible? Thanks again

**WendyB** · 5th December 2008, 11:46:AM

Re: MR-MR Vs Natwest F.Hardship claim

Hi MR. I'm going to call you that cos I can't be doing with keep typing hypens lol. Welcome to Beagles.

When you send the I&E sheet and letter re hardship to the bank, also send an updated spreadsheet with it detailing all your charges, right up to date. Not sure if you know but you can get 6 years Natwest statements online now so all the info you need should be there for you. I suggest you draft your letter then post it on here before you send it. Natwest will probably reply by saying you don't fall into their hardship criteria but won't explain why. then it will be time for another letter, have a read of Killersla's thread. It might be a long road but we'll kepp trying till we get a result (we hope)

**TUTTSI** · 5th December 2008, 11:49:AM

Re: MR-MR Vs Natwest F.Hardship claim

Providing that you fall within the FSA waiver rules and if you have not already done so you need to complete your income & expenses sheet http://www.legalbeagles.info/forums/...3&d=1218038376

Then you will need to send this to Nat West with a letter fully explaining the reasons for your hardship situation and send together with all evidences of your hardship as well as your spreaddie of charges and interest.
As much information that you can supply will help them to determine your case more speedily. When writing also you need to quote your bank account number and court ref number.

**MR-MR** · 5th December 2008, 12:44:PM

Re: MR-MR Vs Natwest F.Hardship claim

Thank you WendyB and Tuttsi,
I am doing this right now and will post the letter here as soon as it is ready. Thanks for your advice

**natweststaffmember** · 5th December 2008, 19:48:PM

Re: MR-MR Vs Natwest F.Hardship claim

Originally posted by WendyB View Post

Hi MR. I'm going to call you that cos I can't be doing with keep typing hypens lol. Welcome to Beagles.

When you send the I&E sheet and letter re hardship to the bank, also send an updated spreadsheet with it detailing all your charges, right up to date. Not sure if you know but you can get 6 years Natwest statements online(tsk tsk, hint: NatWest Forum ) now so all the info you need should be there for you. I suggest you draft your letter then post it on here before you send it. Natwest will probably reply by saying you don't fall into their hardship criteria but won't explain why. then it will be time for another letter, have a read of Killersla's thread. It might be a long road but we'll kepp trying till we get a result (we hope)

see above

**MR-MR** · 6th December 2008, 13:05:PM

Re: MR-MR Vs Natwest F.Hardship claim

Hello again,
I have gather all the information.
My new claim amount is £2840 (£1874 was the amount on start of my claim) which includes £2607 (£1658 before) charges and £232 (£216.06 before) interest.

On financial standing I am £270 short every month after paying my rent and other utilities bills. My this account was open in 2005 and six years back charges do not apply.

Hard part is to make the claim letter. I am not good on it. Please see blow and please advice me of any further changes needed.

Dear Sir or Madam,

Account number: xxxxxxxx Your Ref: xxxxxxxxxx

I am writing to request that you repay all the default charges that have been applied to my account since opening. I do not believe these charges reflect the true cost to Natwest Bank Plc of going into unauthorised overdraft.

The charges total £2607, plus as I believe I have been unlawfully deprived of the money I have calculated £232.45 interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £2839.45. I have attached a full schedule of the charges and interest with this document.

I request that you deal with my case now rather than once the test case has ended as I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to a loss of employment the FSA waiver states that you should continue to deal with hardship cases. From 28th of August I was on statutory sick pay for two months and my income was dramatically reduced causing my over £600 of charges into my account and creating further financial difficulties. And from 7th of October I am unemployed and my main source of income is benefits. Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.
In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

Also I would like you to stop any further charges immediately. All my income coming into my account are job seeker allowance, child tax credits and housing benefits.

I look forward for a full response to this letter within 14 days.

Yours faithfully,

**Tools** · 6th December 2008, 15:24:PM

Re: MR-MR Vs Natwest F.Hardship claim

I would incorporate the relevant terms of the FSA waiver and let them know you are aware of it. killersla posted the relevant waiver terms in post number 2. Good luck MR-MR

**TUTTSI** · 6th December 2008, 16:34:PM

Re: MR-MR Vs Natwest F.Hardship claim

Hi Mr - Mr

Very importantly, your letter needs to also clearly state what evidences you are enclosing as well as the income and expenses sheet and the schedule of charges and interest.

Evidences can be job seekers allowance, housing benefit, unemplyoed benefits if you have. Also, if you are in arrears for electric, gas or council tax evidence of this needs to be attached.

It is also a good idea to explain in more detail the reasons your circumstances changed when you become unemployed. As much evidence as you can provide will help them to hopefully make a speedy decision regarding your hardship,

**LavenderRose** · 7th December 2008, 02:31:AM

Re: MR-MR Vs Natwest F.Hardship claim

Hiya Mr
It may help to list the debt you are now in due to the charges as it has to be seen that its the charges that have caused the hardship. The Social Security Act doesnt apply and if you have rent arrears/council tax arrears then put this down too.
Good Luck

LavenderRose x

**MR-MR** · 8th December 2008, 00:39:AM

Re: MR-MR Vs Natwest F.Hardship claim

Hello everyone and thanks for your help. Yes I will make modifications in my recent letter and will post it soon. Thanks again for your help and suggestions.

Best regards

**MR-MR** · 20th March 2009, 13:30:PM

Re: MR-MR Vs Natwest F.Hardship claim

Hi everyone I am back again. I had go to abroad and put on hold this case. No I have started the process by sending them my first letter asking to consider my case as HS. Also send my income expenditure sheet. After two weeks got first reply with an empty income expenditure sheet done on Natwest format to fill and sent it back to them. Another two weeks and I received another letter asking me to present evidence of my monthly rent payment, cards and loan payments and also how many people live in my household.

Do you think my case is going anywhere? Is it normal for them to ask these questions? Any one knows what is going to happen next? Thanks

Regards

**natweststaffmember** · 20th March 2009, 13:45:PM

Re: MR-MR Vs Natwest F.Hardship claim

Originally posted by MR-MR View Post

Hi everyone I am back again. I had go to abroad and put on hold this case. No I have started the process by sending them my first letter asking to consider my case as HS. Also send my income expenditure sheet. After two weeks got first reply with an empty income expenditure sheet done on Natwest format to fill and sent it back to them. Another two weeks and I received another letter asking me to present evidence of my monthly rent payment, cards and loan payments and also how many people live in my household.

Do you think my case is going anywhere? Is it normal for them to ask these questions? Any one knows what is going to happen next? Thanks

Regards

Its absolutely standard. NatWest approach seems to be fairly straight forward. Letter sent re FS, income and expenditure form sent out and sent back, additional information requests then possibly a determination of hardship. It's all good so far.

SUCCESS * MR-MR Vs Natwest F.Hardship claim