Am I eligible for hardship?

[Mochamoo]

Re: Am I eligible for hardship?

When the doo doo hit the fan for us we quit smoking (not easy but it meant we could eat- saved about 500 a month) and we cut our sky tv down to the minimum package... Have you tried calling you satellite tv people and asking for a reduced package for a bit?

[Amethyst]

Re: Am I eligible for hardship?

FM your new IE sheet - Add in the two kids (however stand on own two feety they are) as dependant children over 14. They give you some money towards costs but as you say this doesnt cover what goes out.

With that in place, you are only a few pounds over on household (about £30 a month), the rest you are well under the maximum allowances the banks use when calculating whether you are overspending or simply dont have enough money to meet the minimum standard of living.

However - £60 is a heck o a lot to spend on TV when you are in a £350 a month deficit and if the bank you claim from is your main bank and the sateliette DD comes from them the bank know most of it anyway. Plus it would help you financially to switch to freeview or get a better package deal - I pay £20 monthly for phone, broadband and basic virgin tv - so asking the provider for a better is a good first step, good next step is ask the kids to pay for it (if they dont want to see it go).


CCCS are good and are experienced in what will be acceptable from various creditors. Most now go with the CFS sheet figures as guidance. ( http://www.legalbeagles.info/forums/...ad.php?t=10449 figures on that link are VERY safe ones )

I think you are doing really well to have got this far without any arrears or major debt problems, but can see you are at a point whilst waiting for the DLA etc to be sorted out where could tip over so cutting back where you can is a good idea.

[FM79]

Re: Am I eligible for hardship?

I can not see that you have identified these items for satelite and tobacco separately on you I & E, Maybe you have already lumped them together under household?

Can you please advise what is included in other monthly expenses of £137.33(this equates to £32 per week) ?

What about clothes? Haircuts, prescriptions/medications, dentists etc etc..are all these taken into account?

Sorry Tuttsi. A breakdown of my expenditure is attached. I had computer problems yesterday, that's why it's a day late. Does it look OK?

My kids give me and the wife a rough time about smoking every day, but it's all I've got and I have cut down. I can't drink anymore, can't drive, can't go anywhere by myself. It's the same with the TV. I watch football and that costs. It's my only hobby. Would they really begrudge me that now I'm stuck at home all day feeling useless and the only place I go is the hospital a few times a week? I've worked non-stop since I was 16, but I've smoked since then too.

Add in the two kids (however stand on own two feety they are) as dependant children over 14. They give you some money towards costs but as you say this doesnt cover what goes out.

OK Amethyst, I'll get the kids to put their details in and will post one covering the whole family soon. I still don't feel right about bringing them into this though. They have their own debts which they wouldn't look to me to help with (not that I can) and have been very supportive. They pay for the internet, I can't ask them to pay for the TV as well.

Thanks everyone for your time and advice. I'm very, very grateful for it.

Best,
FM

[FM79]

Re: Am I eligible for hardship?

Hello.

The kids aren't happy about putting their details into the I&E form. Is it really necessary that they are included?

Here is the letter I was going to send off with my I&E form and totals for bank, credit card, loan and mortgage fees.

Do you think it would be OK?

Thanks and Best,
FM


Re: Refund of Bank Charges, Financial Hardship

Dear Sir or Madam,

I write in complaint of the level of penalty charges that have been applied to my various accounts.

It is my firm belief that they are disproportionate, unlawful and unfair and I request that all should be refunded forthwith. I have written separately to each department with total amounts to be reclaimed and would welcome your full cooperation .

Please see the attached Income and Expenditure breakdown for an overview of my current financial circumstances, which I believe proves my entitlement to consideration under your Hardship criteria, as my case does meet the Financial Services Authority's definition of 'hardship':

"A complainant is considered to be in financial difficulty when his or her income is insufficient to cover reasonable living expenses and meet financial commitments as they become due."

My income is currently made up solely of a Personal Pension and Statutory Sick Pay, the latter of which I have been in receipt of for the maximum permitted 28 weeks.

I have struggled for many years with debt, exacerbated by the assortment of charges and fees that the Bank has levied against me. It is my firm belief that the Bank has knowingly and for its own financial gain kept me in a position of financial difficulty from which I am only now beginning to recover.

I would be grateful if you will consider that, on X of this year, I had a leg amputated and, according to my occupational therapist, will forever be wheelchair dependent as a consequence. As a result of this disability, I have been unable to continue in my job at X and am not yet in a position to seek alternative suitable employment.

I very much expect that I will be able to return to the job market towards the middle of next year, but no sooner than this. In the interim, I hope that my income will eventually include some form of Disability Living Allowance that will reflect, and partially ease, my current situation. I had a medical examination recently, so hope that a decision as to my claim will be made shortly.

My pension alone is certainly not enough to meet essential living costs. Furthermore, it acts an insurmountable barrier to claiming other benefits. Even combined with my wages previously, due to repaying various debts, I have barely managed to pay bills and obviously have no savings to fall back on. It has required great effort and a harsh budget to avoid arrears. I have remortgaged my property several times. I have been forced on occasion to rely upon loans from family members, to whom I am also indebted. I most recently borrowed the sum of X from a close relative, who himself had entered into an increased loan agreement in order to be able to facilitate this, so that I could finally clear my overdraft. The interest payments on my overdraft were particularly demanding and were severely prolonging my debt to the Bank.

I understand that there is an exception to the FSA waiver which you have been granted. I am also aware of your duties and obligations regarding customers in financial difficulty, and as I consider myself to be in such a situation I expect you to process my request for a refund of all penalty charges in a timely manner.

To receive some form of repayment or reasonable settlement from the Bank, with whom I have an existing loan which I would be happy to negotiate, would help my family greatly at this increasingly difficult and uncertain time.

My circumstances do not look set to improve. With rising living costs and the current financial climate, avoiding a return to arrears is very difficult and has only been possible thus far thanks to the continued support of family members, upon whom I have considerably burdened and can no longer rely.

My Income and Expenditure figures show the level of debt I am in. This is only likely to increase with no further income by way of Statutory Sick Pay, no other benefits and no prospect of employment until I am more mobile.

Please kindly confirm, as per the FSA waiver guidelines, that you are considering the issues raised herein within five working days. I shall be taking my complaint to the Financial Ombudsman Service if the matter remains unresolved after this time.

Please also note that, in spite of repeated requests to the Bank to send me your own Income and Expenditure form so that I could make this request sooner, and in spite of promises of cooperation, I have received no such document. I am also pursuing a Court Claim against you for failure to comply fully with my Subject Access Request and have no qualms whatsoever about pursuing further Court action if necessary.

Should you require any further information you may contact me by writing to the above address.

I look forward to hearing from you.

Yours faithfully,
FM

[TUTTSI]

Re: Am I eligible for hardship?

Hi Fm

I have added a few bits in mauve for your consideration.

Tuttsi

Hello.

The kids aren't happy about putting their details into the I&E form. Is it really necessary that they are included? Well if they are not happy leave them out.

Here is the letter I was going to send off with my I&E form and totals for bank, credit card, loan and mortgage fees.

You need to also add within the letter where you are enclosing evidences and make reference to them otherwise how can they be expected to consider your claim. Evidences can be medical letters/ applications regarding your disability etc. Are you able to get a letter from the person that loaned you the money to include as evidences that you will have to repay them in due course?

Do you think it would be OK? Other than that the letter is fine.

Thanks and Best,
FM


Re: Refund of Bank Charges, Financial Hardship

Dear Sir or Madam,

I write in complaint of the level of penalty charges that have been applied to my various accounts.

It is my firm belief that they are disproportionate, unlawful and unfair and I request that all should be refunded forthwith. I have written separately to each department with total amounts to be reclaimed and would welcome your full cooperation .

Please see the attached Income and Expenditure breakdown for an overview of my current financial circumstances, which I believe proves my entitlement to consideration under your Hardship criteria, as my case does meet the Financial Services Authority's definition of 'hardship':

"A complainant is considered to be in financial difficulty when his or her income is insufficient to cover reasonable living expenses and meet financial commitments as they become due."

My income is currently made up solely of a Personal Pension and Statutory Sick Pay, the latter of which I have been in receipt of for the maximum permitted 28 weeks.

I have struggled for many years with debt, exacerbated by the assortment of charges and fees that the Bank has levied against me. It is my firm belief that the Bank has knowingly and for its own financial gain kept me in a position of financial difficulty from which I am only now beginning to recover.

I would be grateful if you will consider that, on X of this year, I had a leg amputated and, according to my occupational therapist, will forever be wheelchair dependent as a consequence. As a result of this disability, I have been unable to continue in my job at X and am not yet in a position to seek alternative suitable employment.

I very much expect that I will be able to return to the job market towards the middle of next year, but no sooner than this. In the interim, I hope that my income will eventually include some form of Disability Living Allowance that will reflect, and partially ease, my current situation. I had a medical examination recently,so hope that a decision as to my claim will be made shortly.

My pension alone is certainly not enough to meet essential living costs. Furthermore, it acts an insurmountable barrier to claiming other benefits. Even combined with my wages previously, due to repaying various debts, I have barely managed to pay bills and obviously have no savings to fall back on. It has required great effort and a harsh budget to avoid arrears. I have remortgaged my property several times. I have been forced on occasion to rely upon loans from family members, to whom I am also indebted. I most recently borrowed the sum of X from a close relative, who himself had entered into an increased loan agreement in order to be able to facilitate this, so that I could finally clear my overdraft. The interest payments on my overdraft were particularly demanding and were severely prolonging my debt to the Bank.

I understand that there is an exception to the FSA waiver which you have been granted. I am also aware of your duties and obligations regarding customers in financial difficulty, and as I consider myself to be in such a situation I expect you to process my request for a refund of all penalty charges in a timely manner.

To receive some form of repayment or reasonable settlement from the Bank, with whom I have an existing loan which I would be happy to negotiate, would help my family greatly at this increasingly difficult and uncertain time.

My circumstances do not look set to improve. With rising living costs and the current financial climate, avoiding a return to arrears is very difficult and has only been possible thus far thanks to the continued support of family members, upon whom I have considerably burdened and can no longer rely.

My Income and Expenditure figures show the level of debt I am in. This is only likely to increase with no further income by way of Statutory Sick Pay, no other benefits and no prospect of employment until I am more mobile.

Please kindly confirm, as per the FSA waiver guidelines, that you are considering the issues raised herein within five working days(not sure about 5 working days?). I shall be taking my complaint to the Financial Ombudsman Service if the matter remains unresolved after this time.

Please also note that, in spite of repeated requests to the Bank to send me your own Income and Expenditure form so that I could make this request sooner, and in spite of promises of cooperation, I have received no such document. I am also pursuing a Court Claim against you for failure to comply fully with my Subject Access Request and have no qualms whatsoever about pursuing further Court action if necessary.

Should you require any further information you may contact me by writing to the above address.

I look forward to hearing from you.

Yours faithfully,
FM

[FM79]

Re: Am I eligible for hardship?

You need to also add within the letter where you are enclosing evidences and make reference to them otherwise how can they be expected to consider your claim. Evidences can be medical letters/ applications regarding your disability etc. Are you able to get a letter from the person that loaned you the money to include as evidences that you will have to repay them in due course?

Other than that the letter is fine.

Thanks Tuttsi.

I can get a letter from the person that loaned me the money to clear my overdraft, but I'm not sure what else I can send in support.

I'm starting to feel that it might cost me more to copy and post all this than it's worth at the moment.

Thanks,
FM

[TUTTSI]

Re: Am I eligible for hardship?

Do you not have any documenation regarding your medical condition?

Copying one or two documents is hardly going to cost you if you can recover some charges, but at the end of the day that is up to you.

Thanks Tuttsi.

I can get a letter from the person that loaned me the money to clear my overdraft, but I'm not sure what else I can send in support.

I'm starting to feel that it might cost me more to copy and post all this than it's worth at the moment.

Thanks,
FM

[FM79]

Re: Am I eligible for hardship?

Sorry to sound negative Tuttsi (and I hope not ungrateful). It's just that I've had lots of forms to fill today for various things and they ask for so much proof of everything. Experience tells me that I spend lots of time and money putting it all together only to be turned away at the end anyway.

I'll see what I can gather.

Best,
FM

[Tools]

Re: Am I eligible for hardship?

FM, in your letter you refer to the charges as being "penalties", it was decided within the Test Case that they were no longer considered to be penal. I would amend your letter to reflect that you consider their charges to be "unfair".

I sympathise with you about the possibility of rejection, but without trying you will not know. Include as much evidence as you can initially, as they will only ask for it later which will delay or change their decision.

As for including your childrens details, you do not need to include their I/E's, you need only show them as being within the household, I assume the cost of their stay is not entirely covered by what they give you for rent etc. You will of course be supplying them with food, heating etc that will come to more than what they give you each month

On the MAT form include them in the number of dependants over 14.

[FM79]

Re: Am I eligible for hardship?

Thanks for the advice Tools. I've put this on the back burner, but will be back on it this week.

Best,
FM