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Financial Hardship Claims: Going to the FOS

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  • Financial Hardship Claims: Going to the FOS

    Over the last week I have had a discussion with the FOS with a view to working on getting claims through the system in as timely a fashion as possible. These are guidelines only and please do not be put off by it. The FOS will look at all claims but the more information you give them and the reasons why you disagree with the banks' decision and how much you feel that you would be happy to settle with. Remember no payout is a full and final one so anything not offered will be dealt with on the conclusion of the OFT test case issues.



    This is a rough estimate of the timescale involved:

    UP to 8 weeks: discussion with the bank
    Complaint received with documentation by post: it will sit in a queue for roughly 2 weeks before it actually gets into an investigation queue. 4-6 weeks later the paper file goes to the Admin Department which then allocates and adjudicator and this then leads to a decision within 1-2 weeks.
    This timescale is a clean one, ie where all paperwork is in order and no further information is required.

    Discussion on this matter then went onto what would be good paperwork for the FOS.
    There are two areas which it can go to:
    1) 8 weeks without an adequate response
    2) A final response(ideally) which could be within that 8 week period.

    Before going to the ombudsman it is important to have in mind the outcome that you want to receive, is it that you want the bank to apologise only or do you want the bank to suspend charges for a period of time, or maybe you want an increase in the amount offered or you want an offer. It is something that is reasonable and not a simple, give me 100% or I decline everything, cos that is not how financial hardship works.

    The paperwork:
    Income and expenditure form(plus arrears notices on priority debts)b,
    List of charges you are claiming
    Bank letters and responses
    Effect on having to service the priority debt arrears.
    With the Final Response, you need to provide a point by point reason why you disagree with the decision and furthermore the outcome you would feel is reasonable and acceptable.

    The reason many financial hardship cases are delayed within the FOS is that they are having to go back to the claimant for further information.

    The above is not to discourage claimants who can simply say that the charges are unfair however, to prevent delays, having the information above is necessary so that the claim through the FOS goes as smoothly as possible.

  • #2
    Re: Financial Hardship Claims: Going to the FOS

    I am going to add to this post. Claimers should in their first instant sit down and look as to the reasons that they got into hardship in the first place. Bank charges are the result of not having sufficient funds in the account to cover debts going out of the account. For example, the car broke down and it was essential for work so money for repairs took funds away from servicing priority debts.
    Next issue is the fact you were charged and the effect these charges had on you which could be longer term ie always working behind on bills due to the charges reducing the amount of residual cash you had available. Other things could have made the hardship worse such as losing your job.
    The next question is really what will allow you to regain your financial footing?
    Is it the paying off of your priority debts, the payment of charges taking the account under the limit plus a suspension of charges. I would argue that the claim is for 100% of the charges but that under financial hardship that you might be able to argue for an interim payment based on the above argument.

    Comment


    • #3
      Re: Financial Hardship Claims: Going to the FOS

      Hello

      Just for info claimed under the hardship route last year with the halifax, they could see from the management off account and credits from child tax and working tax credit along with disability allowance that I was in hardship.
      They repaid bank charges to the tune of £5,500 inless than two weeks from application.
      Situation has still not changed and still in harship contacted Halifax, but this time fill in income & expenditure as evidence, but this time awarded me just the one month of charges from claim date in August to September and did not give me the full year of charges approx £1,400.
      Query as to what had changedand they said policy change due to too many claiming Hardship?
      What do you think?
      :tinysmile_hmm_t2:

      Comment


      • #4
        Re: Financial Hardship Claims: Going to the FOS

        I think it's a change of their internal policy.

        Comment

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