Hardship Claim status with IVA

[foggytown]

Greetings to the Group!

My small claims court case is presently on hold - effective two days before the hearing was supposed to have taken place!

Subsequent to the hold date by some months I have entered into an IVA through a recognised advisor and with agreement of all creditors - including HSBC which is the bank against which I have the charges claim.

Does the IVA in any way alter the approach I want to take with HSBC to get them to deal with my charges claim now? Does the very fact that I am in an IVA act as a res ipsa basis for my demand that HSBC process the claim?

Many thanx,
FoggyTown

[Amy]

Re: Hardship Claim status with IVA

Does the very fact that I am in an IVA act as a res ipsa basis for my demand that HSBC process the claim?

Yes it does, but banks are not generally known for having much common sense.

I would definitely give it a go though.

[TUTTSI]

Re: Hardship Claim status with IVA

Hi Foggy and welcome to Legal Beagles.

Was your account a business or a current account with HSBC!

My o/h has a hardship claim with bank charges that have been stayed in court against HSBC at present and they are very difficult bank to crack.

But it is definately worth a try as Amy says, at the end of the day if they do not pay under the FSA hardship rules then a complaint to the FOS.

You will need to do the following:-

1. Prepare tour spreadsheet of charges from your bank statements + interest.
2. Take copies of all your evidences ie IVA, arrears of Mortgage or Rent, Electricity, Gas, Council Tax and if you have any other claims against you in the court system.
3. Your letter to HSBC, must explain why you feel you come under the FSA hardship and what was the caused you to fall into i.e lost job or was ill etc etc
4. Most important is the income and expenses statement. http://legalbeagles.info/forums/atta...6&d=1231968465

Have a look at the sucesses in the Hardship section, you will get a good feel of other cases.

Good luck with this and if you need help just shout.

[foggytown]

Re: Hardship Claim status with IVA

Was your account a business or a current account with HSBC!

1. Prepare tour spreadsheet of charges from your bank statements + interest.
2. Take copies of all your evidences ie IVA, arrears of Mortgage or Rent, Electricity, Gas, Council Tax and if you have any other claims against you in the court system.
3. Your letter to HSBC, must explain why you feel you come under the FSA hardship and what was the caused you to fall into i.e lost job or was ill etc etc
4. Most important is the income and expenses statement. http://legalbeagles.info/forums/attachment.php?attachmentid=1306&d=1231968465

It was a current account.

Maybe I'm being simple but I would have thought that being the subject of an IVA would be evidence enough that I do qualify - but perhaps I have to demonstrate that I can't even afford to pay the IVA?

I am also slightly concerned that my charges claim is against the same bank that in involved in the IVA. I have this vague but unshakable feeling that they could agree to pay me under the hardship criteria and then just take it back because they are losing money on the IVA to begin with.

FoggyTown

[TUTTSI]

Re: Hardship Claim status with IVA

Hi Foggy

The department that deals with hardship will not be the same as the department that dealt with your IVA. So by supplying them with your full hardship details is the correct thing to do IMHO. If you are still concerned speak to your IVA supervisor, to see what he/she thinks!

You should put on the Income and expenses the amount that you are paying through the IVA as one of your outgoings.

At the end of the day it is your choice if you choose to go for claiming under the hardship rules which I have to say will expire on 26/1/09.

If you do decide to go ahead don't forget to quote your court claims reference.

[Amethyst]

Re: Hardship Claim status with IVA

In the IVA I think, and yes check this with your IVA peeps, that any income like a charges refund, will have to be split proportionally between the debts. If HSBC don't just pay themselves off with it. I would doubt that you would receive any cash for yourself, the IVA would demonstrate hardship however I think because you are in the IVA it will be kind of taken that your debts are being managed by that thus negating the need to pay out under hardship. If you see what I mean.

I'll have a look a bit later see what happened in other IVA cases with reclaims see if I can get something a bit more definative.

[foggytown]

Re: Hardship Claim status with IVA

In the IVA I think, and yes check this with your IVA peeps, that any income like a charges refund, will have to be split proportionally between the debts. If HSBC don't just pay themselves off with it. I would doubt that you would receive any cash for yourself, the IVA would demonstrate hardship however I think because you are in the IVA it will be kind of taken that your debts are being managed by that thus negating the need to pay out under hardship. If you see what I mean.

I'll have a look a bit later see what happened in other IVA cases with reclaims see if I can get something a bit more definative.

Yes, I can see all that. But it has now come to the point where I can't afford to pay the IVA! So even though my debts are being "managed" my situation has deteriorated substantially since the IVA was finalised.

Foggy

[Amethyst]

Re: Hardship Claim status with IVA

Have you spoken to them to renegotiate your terms on the IVA ?

[Emerald]

Re: Hardship Claim status with IVA

How far into the IVA are you?
Have your circumstances changed since you entered into it?
It is unlikely that you will actually see any money from the claim other than any court fees you have paid - so is it worth the hassle? Have you spoke to your supervisor about not being able to afford it and any consequences of it failing. Also what does it say in the agreement about windfalls?

[TUTTSI]

Re: Hardship Claim status with IVA

If you complete the income and expenses schedule - http://www.legalbeagles.info/forums/...ead.php?t=5102

Then you will be able to go back to your IVA supervisor and explain that you just cannot manage to pay what you had agreed because your circumstances have changed and explain why they have altered. But until you put down everything on paper you will not ve able to attack this.

You can if you can afford it ask if they will agree to a lower figure one, that you can afford. You cannot get blood out of a stone!