Grimberz hardship claim

[grimberz]

Hi all,


Firstly would like to say what a great site this is and how much of a difference the past couple of hours reading through this site has already made ...

I have various problems that I am currently trying to resolve, but for starters I have an (hopefully simple) question if anybody would be so kind as to advise.

I had a bank account that got into arrears on its overdraft, then as the usual story goes, got charges on-top of charges so gave up and turned my back on it.

The account got suspended 6months ago and have just recieved a letter from a DCA saying that the debt is with them now.

My question would be, how do I reclaim bank charges now that the debt is with a DCA? Also, I believe that I fall under the 'financial hardship' banner if this makes any difference.

Many thanks

[natweststaffmember]

Re: Hi all new member and need bank charges advise please

Hi all,


Firstly would like to say what a great site this is and how much of a difference the past couple of hours reading through this site has already made ...

I have various problems that I am currently trying to resolve, but for starters I have an (hopefully simple) question if anybody would be so kind as to advise.

I had a bank account that got into arrears on its overdraft, then as the usual story goes, got charges on-top of charges so gave up and turned my back on it.

The account got suspended 6months ago and have just recieved a letter from a DCA saying that the debt is with them now.

My question would be, how do I reclaim bank charges now that the debt is with a DCA? Also, I believe that I fall under the 'financial hardship' banner if this makes any difference.

Many thanks

You can reclaim the charges through the bank. I would not pay anything to a DCA and if push comes to shove you can tell them you dispute the debt and are requesting information from the original creditor.

[grimberz]

Re: Hi all new member and need bank charges advise please

Many thanks for your reply.

[TUTTSI]

Re: Hi all new member and need bank charges advise please

Hi Grimberz

Welcome to Legal Beagles.

Please take a look at our Financial Hardship threads http://www.legalbeagles.info/forums/...ad.php?t=15761

Then if you could please complete the Income and expenditure sheet and then post this up so that we can see how best to help you.

Also, can you advise if you are in arrears on mortgage or rent and utilities?

Also, can you state roughly how much in charges have been taken from your account in last say 6 months?

Have you had any change of circumstance which lead to being in Financial Hardship? ie loss of job, medical/health, family etc etc...

Once you are able to give us more information then we should be able to advise you further.

Tuttsi

[grimberz]

Re: Hi all new member and need bank charges advise please

Hi TUTTSI, thanks for the reply.

Will complete the income and expenditure shortly.

But briefly I had my own company just over a year ago that I had to wind-up. I already had some personal debt when I set up the company and upon closing this had drastically increased.

Unfortunately alot of the debt is owed to family that invested (approx £15k now) so nothing can be done about that.

The current situation with other debt is:

Vat at £4800 with arrangement for repayment at £300

Iqor at £1100 with the OC being a bank with which I intend to disput charges

Cabot Finance at £**** which landed recently hence the reason I joined this site, this is from a popular, online, bank loan from approx 4 years ago.

Court Fine at £200 that has been increased by the bailiff unfairly and following advise for debtline is in dispute

HMRC at £370, no arrangement in place yet

Have cleared alot of other debts and quite annoyed at myself for rolling over so easy with DCA's in the past now I've found this site :tinysmile_hmm_t2:

My income has been reduced to approx £22k a year since the recession struck.

Like I said above, it seems my biggest hurdle is the fact that a large of money is owed to family, so even though it is being paid at a cost of £800 a month is cant be classified as a priority debt, but of course, is to me.

Sorry for going on a bit, but any advise would be massively appreciated.

[TUTTSI]

Re: Hi all new member and need bank charges advise please

Well I am pleased you have found us and we will try and assist you with your hardship claim.

The fact that your income has been drastically reduced due to the recession could put you in the under Financial hardship as long as this is proveable and you have evidences to support this. Some of the debts you have mentioned maynot in itself be sufficient to support your claim.

Here is the I & E form for you http://www.legalbeagles.info/forums/...ead.php?t=5102

Once you can give us more detailed information as sent out in my earlier post we can review the situation.

Tuttsi

[grimberz]

Re: Grimberz hardship claim

Hi,

Completed the form. I have included the money I am paying to family for repayment of monies borrowed under 'loans'. I know this is gonna be difficult, if not impossible, to put forward but it is a real expenditure that I have .

Again, any advise greatly appreciated

[TUTTSI]

Re: Grimberz hardship claim

I have had a look at you I & E and now have loads of questions and explanations needed and also are you emplyed or self emplyed?

1. Is council tax included in your rent?
2. Do you have Water rate, Gas & Electricity as you have not mentioned any of these?
3. Do you have contents insurance?
4. Do you have broadband for internet and is this included with your phone £50?
5. You have dependant child under 14, what about clothes, lunch money, school outings etc?
6. Presents, Birthdays etc?
7. You spend more on the car than food - Petrol is rather high £100, is this car used for work?
8. What about health costs, dentist, prescriptions, eye tests etc...?
9. If you have a child under 14, what abot Child benefit? Child Tax Credits ?
10. Can you apply for working tax credits?

If you could answer these question and the previous questions before we go any further.

Thanks
Tuttsi

[grimberz]

Re: Grimberz hardship claim

Since closing the business I have seperated from my partner and moved in with a friend. Hence there being no gas, electric or council tax, I simply pay one fee.

I do have a child under 14, but living with her mother who obviously claims any applicable benefits.

I am self-employed, contracting to the construction industry.

The vehicle is used for business use, however the fuel allowance put down is for personal use only as the business use is deducted before showing net earnings.

Again, food is low as most of my food is deducted as expenditure before net earning as the companies I work for proide an allowance for this.

Charges in the last 6 months I would assume to be £200-300 (sorry dont have the actual figure with me at the moment)

Thanks

[TUTTSI]

Re: Grimberz hardship claim

Ok, I understand a little better now. Below is the FSA Waiver Rules on hardship, just agree or disagree with my notes by each rule.

In order to continue you will need to gather your evidences to show that fall into this. Then the next step is to start the letter, there are some letters in our hardship section which you will find here http://www.legalbeagles.info/forums/...ad.php?t=17805. Best to find one that you like and add your own information to it. Then post it up without any personal information and we will help you finish it and tidy it up.

Can you let us know what Bank, because some banks will prefer their own
I & E forms to be completed.

We always find that claims that are well packaged are dealt with much quicker.

Here is also a link to Working Tax Credits which may also help you http://www.taxcredits.inlandrevenue....axCredits.aspx

WHAT IS FINANCIAL HARDSHIP ?

In making an assessment of financial difficulty the banks will take into account:

• evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education; This one could apply to you as you have taken a reduction in pay and also I presume had a relationship breakdown.
  
  
• and evidence of the following

• items repeatedly being returned unpaid due to lack of available funds; Could be as you are getting charges?
  
  
• failing to make loan repayments or other commitments; Yes because you have outstanding loans to pay back.
  
  
• discontinuation of regular credits;?
  
  
• notification of some form of insolvency or court proceedings?
  
  
• regular requests for increased borrowing or repeated rescheduling of debts; Could apply to you ?
  
  
• making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
  
  
• repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty). You would need to check this?

[grimberz]

Re: Grimberz hardship claim

phone bills and insurance paid late on numerous occasions, adn £631 in the past 12months worth of charges.

Will mention all this when I write to.

Its lloyds TSB bank


Many thanks for your advise

[TUTTSI]

Re: Grimberz hardship claim

I have posted here for you one of our members who had a hardship claim with Lloyds and was paid out. It is well worth a read as there is also a usefull phone number / contact details at Brighton.

http://www.legalbeagles.info/forums/...ead.php?t=9830


Tuttsi

[TUTTSI]

Re: Grimberz hardship claim

Grimberz, how is your hardship letter progressing?

It would be a good idea to get it in as soon as possible.

Tuttsi