scatty v Halifax - Hardship Claim

[scatty]

Re: scatty v Halifax - Hardship Claim help!!

WELL I just want to cry! Got response today and well I could not believe it it was true. I called them to discuss matter and checked this was in response to completed CFS and cover note, remember charges stood at over three grand in 2007 and now they offer me just £28.00 ???
HELP PLEAse what do i do now I certainly wont be accepting this, their letter states can now go to FOS etc. see attached first page.

[Mochamoo]

Re: scatty v Halifax - Hardship Claim

This must be some kind of new policy they have as I saw it happen to someone else recently too, I'm not sure what can be done about it to be honest.

[TUTTSI]

Re: scatty v Halifax - Hardship Claim

It sounds to me that they have not considered you under the FSA waiver rules for hardship as they make no mention of it in their letter. You need to write to the CEO of Halifax pointing this out.

Amethyst will be back soon and maybe she can also advise you further.

Tuttsi x

[natweststaffmember]

Re: scatty v Halifax - Hardship Claim

Scatty, I am going to disagree with Tuttsi on this one since there have been no charges since 2007(mentioned on Igotts thread) then I would agree with Halifax on this one since the current charges are not impacting on your ability to pay priority/essential outgoings(and they have waived/offered to refund the one charge that may have. Have you reclaimed the credit card charges yet though?

[WendyB]

Re: scatty v Halifax - Hardship Claim

Yes but wouldn't the very fact that she has over 3k charges have impacted on ability to pay things in the first place?? ie if she hadn't had so many charges she wouldn't be in the position she's in now?

[Amethyst]

Re: scatty v Halifax - Hardship Claim

Hey Scatty

As you have the DMP then this can count against you for hardship as they (the bank) have fulfilled their obligations as they made the recommendations and helped you reorganise finances.

I would take this to the FOS as their offer is extremely low considering your circumstances and they havent explained any reason for only offering you that last £28 charge or stated further charges would be stopped.

Very frustrating, I do think a complaint to FOS (you can download complaint form on their site, send them copies of all letters sent and received and your IE sheet) might get a little more out of them.

((((((((((((hug))))))))) I think a rejection outright would have felt better than a measly £28.

Ame
xx

[natweststaffmember]

Re: scatty v Halifax - Hardship Claim

No is the answer. The issue is about current financial hardship and not hardship from 2 years ago. For example, my understanding is the repossession hearings will usually be for 6 months arrears.
You have to show that a lifestyle change caused the charges ie unemployment, loss of hours, separation from partner caused there to be less income leading to charges and those charges ate into the money for essential outgoings. Since the OP has stated already that the charges stopped for a period of a couple of years, it would be logical to state that the charges had no impact on their life. In fact, they may have been able to pay some of the arrears off. It might have been Financial hardship in 2007 but not 2009 plus the only charge(I have to assume from their post) is being refunded. The FOS will not increase that amount.

[Amethyst]

Re: scatty v Halifax - Hardship Claim

Repossession hearings after 3 months arrears, get it down to 2 months it gets stopped, most of the time.

Yes the majority of the charges were prior the hardship period and I don't think it can be shown that they impacted on the current situation at all. However neglecting to repay now when it is likely they will have to in a few months could cause further and deeper hardship and that basis should be looked at too by the banks.

[scatty]

Re: scatty v Halifax - Hardship Claim

Hi

I have just had a look at my statements and I have more than one charge since 2007 in fact its at least four and the last one being for september to be applied in october £28!
I have also increased my overdratf since then and my cc has been increased and I have only escaped more charges by living off this credit etc so I dont think it has to do with one charge more like its one since sent in cfs/letter etc re hardship rules but even that isnt true as they are applying a charge this month for going over my overdraft! this is in addition to the August charge offered back etc. It seems they are ignoring anything before August 2009?? oh forgot to add things ar only going to get worse as my mortgage is going to increase by £200 a month from November.

[natweststaffmember]

Re: scatty v Halifax - Hardship Claim

Scatty, can I ask one more question since I spotted something on Halifax on another forum: When did the account go to collections if it has at all?

[scatty]

Re: scatty v Halifax - Hardship Claim

Hi yes I think that was AUGUST 2009 IF THAT HELPS

[scatty]

Re: scatty v Halifax - Hardship Claim

Not sure how I will manage from November with increase in mortgage by £200 will effectively leave me with £150 a month to live on?? I am icurring more debts due to interests and default charges on overdraft and other creditors etc this is getting me down. I have enough to cope with with my illness and disability etc I dont know what to do know?

[Mochamoo]

Re: scatty v Halifax - Hardship Claim

Could you open a new acc and have all you money paid in there and just let the halifax acc charge itself silly lol put it in dispute till the end of the test case, CB has a good acc in dispute letter on his CCA guide thread. ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles


Money wise, could you manage doing some mystery shopping to earn some extra money?

Mystery Shopping, Service Evaluating etc etc - Legal Beagles