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**!!! SUCCESS !!!! ** Arunadasi vs Natwest

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  • **!!! SUCCESS !!!! ** Arunadasi vs Natwest

    Hello all!

    Amethyst kindly invited me to join this forum and ask for advice about my hardship claim. I thought I would introduce myself by simply posting the letter I sent to Natwest in early February, alon with their form on expenditures and income.

    Here it is; a few details have been changed from the original so as to avoid personal specifics, but it shows the problems.


    Dear Sir or Madam,


    A few days ago I sent in my formal application for refund of bank charges due to financial hardship. I would now like to explain how it came to this point.

    In 2001 I moved to the UK from Germany so that I could be with my children in their private schools. At the time I was earning over £50000 before tax from my own business, which I operated form home. My husband, a German civil servant, stayed in our home in Germany and we visited each other during holidays. I bought a two bedroom flat in the UK.

    In 2004 a new contract my business depended on did not materialize. Since then my Income has steadily decreased, down to less than £3000 per year at present.

    In 2005, my husband was diagnosed with Parkinson’s Disease. In 2006 he had to stop working and retired. Since 2007 we have been living from his pension, form which he has to give EUR 800 towards his ex-wife’s pension, according to German law.

    That was when the financial difficulties started, as we were now paying mortgages on two properties with a greatly decreased income. The mortgage on out house in Germany was EUR 1400 monthly. We put this house on the market but the German property market is notoriously slow and the property had actually decreased in value. It took us one year to sell it, at a loss, during which time we had to continue paying both mortgages.

    The house finally sold in early 2008, but by that time the arrears had already added up, in particular through exorbitant bank charges and credit card interest, which seemed impossible to pay off. In addition to this, we had a series of bad luck in 2008: first the kitchen furniture began to collapse and we had to order a new kitchen, £5000; then the gas boiler broke down, and we had to buy a new one for £4000, finally the roof began to leak and the bill for this on the freeholder, over £4000, is still outstanding. I also fell behind on mortgage payments and council tax, and seem never to be able to catch up. In addition, my car broke down at the end of last year and had to be scrapped, and I am facing very expensive but vital dental treatment, and need to support my son at University and my daughter at college.

    Due to all of the above I believe that mine is a genuine case of financial hardship.

    Sincerely,
    ------------------------------- merged -------------------------------
    Here's a follow-up letter I wrote this week:

    Further to my claim to refund of charges due to financial hardship, I would like to inform you that there was a mistake on the original application form in regards to my household income. I have just received our accounts for the year 2007 from our accountant in Germany, and as you can see our yearly taxable income for that year was EUR 18478.00. Income tax in Germany is assessed for the calendar year, ie January to February. In 2008 and 2009 our income is the same or less.

    As a result it is obvious that ours is a case of genuine financial hardship, and the only way we can clear our arrears and try to budget is for you to refund the charges. The over £200 now outstanding on this account are composed entirely of charges. And now I have received letters from Natwest demanding immediate repayment!
    ------------------------------- merged -------------------------------
    And another follow up:

    Further to my claim to refund of charges due to financial hardship, I would like to inform you that I forgot an important piece of information, namely, that because of my husband’s disability and illness (Parkinson’s and Gaucher’s Disease, Dementia) I am his full time carer and cannot seek a job myself.
    Last edited by arunadasi; 11th March 2009, 07:46:AM. Reason: Automerged Doublepost

  • #2
    Re: Arunadasi vs Natwest

    Welcome to Legal Beagles,

    Sorry to hear you have had such a rough time of late.

    If you need anything just give us a shout x
    Dragging myself and my family back into the light with the help of Beagles.

    My Hardship Claim
    Me VS Abbey Win
    BIL HSBC Credit Card
    BIL EGG
    BIL HSBC Loan
    BIL PPI Win




    Comment


    • #3
      Re: Arunadasi vs Natwest

      Hi Arundasi,

      A very warm welcome to Legal Beagles.

      Thank you for posting up your letters which you sent to Nat West with regards to your hardship and which detail how you have become a victim of hardship. Did you by any chance include an Income and Expenses summary and all your evidences to back up your own hardship claim.

      If you have not already done so you need to prepare these documents as quickly as possible, as Nat West are taking a long time even after approving hardship before they put the offer on the table. I am told upto 3 months from approval.

      Have they acknowledged your first letter and do you have there reference number!

      We do have our own Income and Expenses summary which most banks accept, http://www.legalbeagles.info/forums/...ead.php?t=5102, but I believe Nat West want their own one completed. You could complete this one for the time being, unless you have already dealt with this. You should complete this jointly with your spouses income and expenses.

      Evidences, any documentation which will show Nat West that you definitively come under the FSA waiver rules for hardship, this can be arrears on Rent/Mortgage, court evidences, your accounts which will show your net disposable income etc etc...

      We have found that if you package your claim well from the beginning it enables the bank to approve these claims faster.

      If you need any further help just shout,

      xx

      Comment


      • #4
        Re: Arunadasi vs Natwest

        Hi Arundasi

        Lovely to see you here. Have received your email and am just opening the files

        Ame
        xx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Arunadasi vs Natwest

          Hi, I just wanted to say hi and welcome you. If there's anything you want to ask me regarding my recent hardship claim with Natwest please feel free. x

          Comment


          • #6
            Re: Arunadasi vs Natwest

            Hello everyone! Thanks for the welcome!

            To answer your questions: yes, I had filled out NatWest's Financial Statement form.
            However, I have since received a letter form my accontant showing that I actually made a business LOSS in 2007 of over EUR 3000 so I am filling out the form again to correct the original statement (I just hope they don't start the whole process over form the beginning - what do you advise?)

            I would also like to send in a new statement as to why I am in financial difficulties. This is what I have written so far:


            1)Change of circumstance: Due to husband’s illness unexpected early retirement in 2007, decreased income due to pension.

            2)Change of circumstance due to business failure of applicant; incurring business loss since 2007


            3)Illness and Disability of spouse (Parkinson’s Disease, Gaucher’s Disease, Dementia)

            4)Living from overdraft (business account) and credit card


            5)Over £500 in charges over the last year

            6)Direct debits not going through due to lack of funds (on business account and current account)


            7)Repeatedly going over the limit due to lack of funds.


            Strugglingmom, I read your thread yesterday and it really encouraged me; thank you for posting and congratulations on your success! I am determined to see this through so hang on!

            Comment


            • #7
              Re: Arunadasi vs Natwest

              Hi, welcome to legal Beagles Im a relative newcomer also but my claim has progressed rapidly recently only thanks to to good sound advice and help Ive had from the people on this site,they are the best! They will help you all they can, good luck to you.
              'Be Traist'

              Comment


              • #8
                Re: Arunadasi vs Natwest

                Would your children not be able to get grants for College and Uni? And possibly EMa for your daughter whilst she is at college?
                Is no longer here

                Comment


                • #9
                  Re: Arunadasi vs Natwest

                  I found by telephoning the number I gave on my thread directly they will give you an accurate date of claims that they are dealing with, i.e. today they will be dealing with claims received on X of February (that's an example by the way I dont know what date they are up to)!

                  The people who you speak to on that number are helpfull, or were when I rang. They will answer your questions and let you know if they have received your claim and roughly what date it will be dealt with. x

                  Comment


                  • #10
                    Re: Arunadasi vs Natwest

                    Originally posted by strugglingmum View Post
                    I found by telephoning the number I gave on my thread directly they will give you an accurate date of claims that they are dealing with, i.e. today they will be dealing with claims received on X of February (that's an example by the way I dont know what date they are up to)!

                    The people who you speak to on that number are helpfull, or were when I rang. They will answer your questions and let you know if they have received your claim and roughly what date it will be dealt with. x

                    That's brilliant! Thank you, will do so.
                    ------------------------------- merged -------------------------------
                    Originally posted by WendyB View Post
                    Would your children not be able to get grants for College and Uni? And possibly EMa for your daughter whilst she is at college?
                    Yes, they both already do! My daughter gets full EMA, son gets full Maintenance Grant, but it's not enough to cover everything... rents are very expensive where he studies, and to to add to everything his girlfriend, also a student, is pregnant, they have just moved together, she is unwell and cannot work. I don't know if she is entitled to any benefits, she is Austrian and has never applied.
                    He had a weekend job but recently quit as he was not able to fit in his ever more demanding studies. Now he does occasional work here and there.

                    His maintenance grant only just came through and I had to support him till now; they had not given him the full grant as I did not yet have my accounts ready. When his money finally came in last week he gave me £500 back.
                    Last edited by arunadasi; 11th March 2009, 12:10:PM. Reason: Automerged Doublepost

                    Comment


                    • #11
                      Re: Arunadasi vs Natwest

                      Hey xx Looks like you are getting some great help, once you have tried the number strugglingmum gave you and found out what the status of the claim is then we could look at writing a letter with everything bought together, and missing out a couple of bits which may go against you (kitchen/roof/boiler etc - were they bought on credit..if so they can be included as debt but if not I really wouldn't mention them again)

                      Regarding the 800 EUR your husband pays to his ex wifes pension - I am assuming this is per annum.

                      Re the house, you sold the house in germany in 2008, are you now renting a property ?

                      I do think you have a very good case for hardship we just need to get the right points across in an consice manner, update the income expenditure sheet so its your current circumstances and I'm not sure if you sent a list of charges with the claim as well.

                      Also the arrears and debts if you could write up a full list - company & debt & status.

                      Let me know what they come back with when you speak to them and we can work on a updated letter.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Arunadasi vs Natwest

                        Originally posted by Amethyst View Post
                        Hey xx Looks like you are getting some great help, once you have tried the number strugglingmum gave you and found out what the status of the claim is then we could look at writing a letter with everything bought together, and missing out a couple of bits which may go against you (kitchen/roof/boiler etc - were they bought on credit..if so they can be included as debt but if not I really wouldn't mention them again)
                        I called them.... thay have passed my file on to their business department because one of the accounts is a business one!
                        Regarding the 800 EUR your husband pays to his ex wifes pension - I am assuming this is per annum.
                        Unfortunately, no. This is per month!

                        Re the house, you sold the house in germany in 2008, are you now renting a property ?
                        no, it's a flat I bought in 2004. Last year the mortgage was over £700 monthly an dI was dreadfully in arrears; there were threats of repossession!
                        Luckily I am on a tracker mortgage so the rate has gone down and I have been able to catch up. The present mortgage is only £226 a month. If it had still been 700 I;d have been bankrupt by now.

                        I do think you have a very good case for hardship we just need to get the right points across in an consice manner, update the income expenditure sheet so its your current circumstances and I'm not sure if you sent a list of charges with the claim as well.


                        Also the arrears and debts if you could write up a full list - company & debt & status.

                        Let me know what they come back with when you speak to them and we can work on a updated letter.
                        I'll do that later today.
                        Thanks so much!

                        Comment


                        • #13
                          Re: Arunadasi vs Natwest

                          Do the same rules for hardship apply with business accounts?
                          Is no longer here

                          Comment


                          • #14
                            Re: Arunadasi vs Natwest

                            Originally posted by Amethyst View Post
                            Regarding the 800 EUR your husband pays to his ex wifes pension - I am assuming this is per annum.
                            Where did this figure come from, was it an agreed settlement?
                            The figure seems amazingly high, are you sure its correct.
                            Thats roughly £8500 a year, about the same wage as a full time supermarket worker would get.

                            I'm amazed that that figure can actually be paid based on your circumstances quoted in your earlier posts.

                            I would sugest you fill out an Income and Expenditure Sheet Legal Beagles and send it to Ame, so we can get an idea of exactly where you are at

                            PKea

                            Comment


                            • #15
                              Re: Arunadasi vs Natwest

                              Business accounts arent subject to the waiver at all so no hardship rules shouldnt apply. You really need to get the claims seperated. One for your current account under hardship so it can be dealt with by the right team (thats £7k of charges on that one isn't it)

                              Not entirely sure what the claim on the business account totals but you need to deal with it seperately.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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