Travel girl - Hardship claim - offer received

[travelgirl]

Re: Travel girl - Hardship claim

TOTALS:
3,117.02
313.97






Estimate of previous charges: 0.00
01/12/2002 Overdraft interest 0.11 0.11 0.04 01/01/2002 Overdraft interest 0.43 0.54 0.18 01/02/2002 Overdraft interest 0.11 0.65 0.05 05/03/03 Overdraft interest 0.11 0.76 0.04 25/04/03 As Notified 32.00 32.76 10.16 25/05/03 As Notified 15.01 47.77 4.67 03/06/03 As Notified 32.00 79.77 9.88 04/07/03 As Notified 15.00 94.77 4.53 03/07/03 As Notified 15.00 109.77 4.53 01/08/03 Overdraft interest 0.11 109.88 0.03 03/08/03 As Notified 15.00 124.88 4.43 02/09/03 Overdraft interest 0.11 124.99 0.03 01/09/03 Overdraft interest 0.35 125.34 0.10 14/08/03 As Notified 15.00 140.34 4.40 21/08/03 As Notified 20.00 160.34 5.83 01/11/03 Overdraft interest 0.11 160.45 0.03 20/10/03 As Notified 32.00 192.45 8.91 30/10/03 As Notified 32.00 224.45 8.84 31/10/03 As Notified 32.00 256.45 8.83 02/11/03 As Notified 32.00 288.45 8.82 02/11/03 Overdraft interest 0.23 288.68 0.06 17/11/03 As Notified 32.00 320.68 8.71 01/12/03 Overdraft interest 0.16 320.84 0.04 03/12/03 As Notified 15.00 335.84 4.03 04/12/03 As Notified 20.00 355.84 5.37 04/12/03 As Notified 32.00 387.84 8.59 04/05/04 Overdraft interest 0.98 388.82 0.23 02/08/04 As Notified 20.00 408.82 4.31 02/08/04 As Notified 20.00 428.82 4.31 31/01/05 As Notified 20.00 448.82 3.51 31/01/05 As Notified 20.00 468.82 3.51 04/02/05 As Notified 20.00 488.82 3.49 07/02/05 As Notified 20.00 508.82 3.48 01/07/05 Overdraft interest 0.01 508.83 0.00 15/06/05 As Notified 30.00 538.83 4.38 20/06/05 As Notified 30.00 568.83 4.35 02/08/05 As Notified 30.00 598.83 4.06 02/08/05 As Notified 30.00 628.83 4.06 02/11/05 As Notified 30.00 658.83 3.46 02/12/05 As Notified 20.00 678.83 2.17 02/02/06 As Notified 20.00 698.83 1.90 02/02/06 As Notified 30.00 728.83 2.85 02/02/06 As Notified 30.00 758.83 2.85 02/02/06 As Notified 30.00 788.83 2.85 02/02/03 As Notified 30.00 818.83 10.06 05/03/06 As Notified 20.00 838.83 1.77 05/03/06 As Notified 30.00 868.83 2.65 05/03/06 As Notified 35.00 903.83 3.09 03/04/06 As Notified 20.00 923.83 1.64 03/04/06 As Notified 30.00 953.83 2.46 30/01/06 As Notified 35.00 988.83 3.35 02/02/06 * 20.00 1,008.83 1.90 02/02/06 * 30.00 1,038.83 2.85 06/02/06 As Notified 30.00 1,068.83 2.83 02/02/06 * 20.00 1,088.83 1.90 02/02/06 * 30.00 1,118.83 2.85 02/02/06 * 30.00 1,148.83 2.85 02/02/06 * 30.00 1,178.83 2.85 02/02/06 * 30.00 1,208.83 2.85 01/03/06 Overdraft interest 0.40 1,209.23 0.04 28/02/06 As Notified 20.00 1,229.23 1.79 28/02/06 As Notified 30.00 1,259.23 2.68 28/03/06 As Notified 20.00 1,279.23 1.67 05/03/06 As Notified 30.00 1,309.23 2.65 05/03/06 As Notified 30.00 1,339.23 2.65 03/05/06 As Notified 30.00 1,369.23 2.26 01/04/06 Overdraft interest 0.17 1,369.40 0.01 17/03/06 As Notified 20.00 1,389.40 1.71 17/03/06 As Notified 30.00 1,419.40 2.57 27/03/06 As Notified 30.00 1,449.40 2.51 30/03/06 As Notified 35.00 1,484.40 2.90 03/05/06 As Notified 20.00 1,504.40 1.51 03/05/06 As Notified 30.00 1,534.40 2.26 03/05/06 As Notified 30.00 1,564.40 2.26 03/05/06 Overdraft interest 0.17 1,564.57 0.01 03/05/06 As Notified 35.00 1,599.57 2.64 08/05/06 As Notified 20.00 1,619.57 1.49 08/05/06 As Notified 30.00 1,649.57 2.23 10/05/06 As Notified 30.00 1,679.57 2.22 03/05/06 As Notified 20.00 1,699.57 1.51 03/05/06 As Notified 30.00 1,729.57 2.26 03/04/06 As Notified 20.00 1,749.57 1.64 03/04/06 As Notified 30.00 1,779.57 2.46 03/04/06 Overdraft interest 0.45 1,780.02 0.04 02/06/06 As Notified 20.00 1,800.02 1.38 02/06/06 As Notified 30.00 1,830.02 2.06 02/06/06 As Notified 30.00 1,860.02 2.06 02/06/06 Overdraft interest 0.04 1,860.06 0.00 15/05/06 As Notified 35.00 1,895.06 2.55 11/05/06 As Notified 20.00 1,915.06 1.47 24/05/06 As Notified 35.00 1,950.06 2.48 02/06/06 As Notified 20.00 1,970.06 1.38 02/06/06 As Notified 30.00 2,000.06 2.06 02/06/06 As Notified 30.00 2,030.06 2.06 02/06/06 Overdraft interest 0.04 2,030.10 0.00 02/08/06 As Notified 20.00 2,050.10 1.11 02/08/06 As Notified 30.00 2,080.10 1.66 02/08/06 As Notified 30.00 2,110.10 1.66 02/08/06 As Notified 20.00 2,130.10 1.11 02/08/06 As Notified 20.00 2,150.10 1.11 02/09/06 As Notified 20.00 2,170.10 0.97 02/09/06 As Notified 30.00 2,200.10 1.46 03/07/06 As Notified 20.00 2,220.10 1.24 03/07/06 As Notified 35.00 2,255.10 2.17 22/06/06 As Notified 30.00 2,285.10 1.93 22/06/06 As Notified 20.00 2,305.10 1.29 23/06/06 As Notified 30.00 2,335.10 1.93 26/06/06 As Notified 30.00 2,365.10 1.91 03/07/06 As Notified 20.00 2,385.10 1.24 03/07/06 As Notified 35.00 2,420.10 2.17 07/08/06 As Notified 20.00 2,440.10 1.09 07/08/06 As Notified 30.00 2,470.10 1.63 02/08/06 As Notified 20.00 2,490.10 1.11 02/08/06 As Notified 30.00 2,520.10 1.66 02/08/06 As Notified 30.00 2,550.10 1.66 02/08/06 As Notified 30.00 2,580.10 1.66 15/09/06 As Notified 20.00 2,600.10 0.92 15/09/06 As Notified 30.00 2,630.10 1.37 03/10/06 As Notified 20.00 2,650.10 0.84 03/10/06 As Notified 30.00 2,680.10 1.26 02/11/06 As Notified 20.00 2,700.10 0.71 02/11/06 As Notified 30.00 2,730.10 1.06 03/12/06 As Notified 20.00 2,750.10 0.57 03/12/06 As Notified 30.00 2,780.10 0.85 11/11/06 As Notified 20.00 2,800.10 0.67 16/05/07 As Notified 316.92 3,117.02 -2.36


3,117.02 have to add the interest now ontop of the figure

[travelgirl]

Re: Travel girl - Hardship claim

yes jan each time there was a charge they took it out of my benefits
ive been in my other thread but my eyes wont let me carry on at one stage my went in and they took £115 which left me one pounds odd for the week untill my next payment fortnightly £116 pounds whatever pence it is in cag but i carnt find it i will put in my schedule of charges if not in a mo it will be tomorrow
tyvvm hugs
tvgl

[scoobydoo]

Re: Travel girl - Hardship claim

dont worry just trying to get the picture clear in my head.

EXC is going to the case conference in London on Thursday - so we may have some more news on the waiver then

I have asked for some more help on this as well

But if I was you I would not be happy with the response.

[travelgirl]

Re: Travel girl - Hardship claim

Mrs xxxxxxxxxxxxxxxx
xxxxxxxxxxxx

xxxxxxxxxxxxxx

Tel/Fax xxxxxxxxxxxxx

Your Ref: xxxxxxxxxxxxxxxxxxxxxx
FOS REF NOxxxxxxxxxxxxxx




Manager/Mr Nansen

CLAIM NO xxxxxxxxxxxxx

Abbey National PLC V xxxxxxxxxxxxxx

14th March 2008


Dear Sir / Madam,

2nd LETTER HARDSHIP

Re: Closed Account Number xxxxxxxxxxxxxxx

Mrs xxxxxxxxxx, request for refund of charges on basis of hardship





Further to my referral back to yourself and your request that I place in writing the basis of the financial hardship I am experiencing along with an indication of the amount of charges applied to the accounts.

Please excuse the delay in getting this information to you, I have only been able to collate the necessary information with the assistance of a member of my family and at a time of mental clarity. I hope the following suffices, if not please do not hesitate to ask for further information.

The basis of the financial hardship I am experiencing is:-

· artheritus, which lead my doctor signing me of for work for life in which I have had medicals to assess my health my health has not improved and didn’t helo matters when applying all the charges and repeated charges from 9 january up to the june when Abbey closed my account without notice, when speaking with one of your advisers he said himself that them charges should not have been on going mounting to £322 in charges. All calls are recorded you may want to listen to the conversation.
All your charges was leaving me with hardly any benefti to live on and to get gas/elec for my meters and for food, as I have already stated to yourselves. Then on another occasion charges of £115 was taken which out of my benefit which left me £1.00 to live on till the next fortnight when spoke with a lady in my local branch she could not help in any way I was left without as where would £1 get you…………..These charges has made me ill and suffer, as previously stated.

· Secondly that my ill health is likely to continue for the rest of my days.
I attended my doctor as I couldn’t cope any longer and going without money/ food /not paying other payments which throu your charges left me hardly anything to live on . I have previously put this all down in my statement for hardship for on the grounds of hardship

Further points:-


· the illness was accompanied by financial difficulties – initially I lost track of my financial affairs and failing to transfer funds between my account to cover expenses or direct debits began to incur charges

· thereafter, my DLA/SDA/MOBILITY and charges began to occur as I did not have the funds to cover my outgoings or increased living costs caused by my illness leading to the worsening of my financial position.

· I now rely upon Disability Living Allowance (Higher rate mobility,) and Incapacity Benefit resulting in my inability to meet many of my current financial commitments and I find myself unable to make a number of repayments, pay telephone bills , water bill, loan repayment motgage payments, gas/electric home insurance or sustain many of the commitments we all have. Hardly any money for food why becase taken in bank charges and fees.

· Matters were made worse by charges continuing to be applied, and most recently, charges taking an account overdrawn, which in itself resulted in further charges
· We lost our home.
· Presently my state of health is not that good, I suffer from artheritus, angina, asthma restless leg sydrome severe deppression copd I now have counciling sessions….. outlined current medical condition (mental health)


In total £3,117.02 in charges have been deducted from the specified account, £3,117.02 from account number xxxxxxxxxx


Clearly the deduction of such a large overall sum of money has done nothing other that worsen the financial difficulties and hardship experienced.

I feel there is nothing to be gained at this point from questioning the level of charges applied; my position confirmed via contact with the FOS and OFT is merely that the agreement reached between the banks, FSA, FOS and OFT prior to the OFT v banks case being submitted to the High Court at the end of July clearly states that responsibility for determining and resolving a ‘hardship case’ lies with the bank, that the waiver granted to banks, allowing complaints re charges to be held pending the outcome of the High Court case does not apply to ‘hardship’ cases, and banks should therefore seek to identify and resolve such cases; further that where agreement cannot be reached between a customer and a bank the bank must issue a final response letter as a precursor to the FOS seeking to resolve matters.

My further position is that I firmly believe it will be possible for you to address my concerns such that I deem the matter settled negating any need for involvement of the FOS or closer to home the continued involvement of the Chief Executives office.

As indicated on my first Hardship letter

· £3,117.02 has been deducted in charges
· £3,117.02from account numbered xxxxxxxxx


· Were my legal action against Abbey Nation PLC (to recover the charges levied) have proceeded to Court I would have been entitled to claim statutory interest at the rate of 8% interest as ordered by District Judge Bryce total £3,117.02 with interest a copy I sent to you and FOS.
· respectively:- £313.97 in interest .this making a total of £3,430.99


This information and a full list of the charges applied to my account can be found in the attached spreadsheets

You will note that the overwhelming majority of the charges were applied post the deterioration of my health and financial circumstances.

I am willing to forego the amount I sought to claim for statutory interest in total £3,430.99

I therefore look to you agreeing to repay in full all of the charges levied namely, the sum of £3,430.99.

As indicated, I do not, with respect, wish to revisit the question of the fairness of the charges, or of whether some element of each charge was fair.

I fully believe that my difficulties meet any definition or criteria of hardship.

Many thanks for agreeing to examine matters. I look forward to your reply.


Kind regards,

[travelgirl]

Re: Travel girl - Hardship claim

i contacted abbey by fax 14th july 07 to close my account then again on 19th july then on the 20th july 2007 i got a letter from shabby here is there wording WE CAN TELL YOU THAT YOUR ACCOUNT WAS CLOSED ON THE 26 JULY 2007

[travelgirl]

Re: Travel girl - Hardship claim

If You Need More Please Let Me Know Tyvvm For All Help Getting Here
Hugs
Tvgl

[travelgirl]

Re: Travel girl - Hardship claim

here is the earliest dates i sent hardship letters

I have not had a reply from the hardship letter I sent to both themselves abbey and yourselfs inga kikman and royan cole on 6th dec 2007-12-28

[travelgirl]

Re: Travel girl - Hardship claim

hi scooby and all
i have replied to all your postings tyasvvvvm
hugs
tvgl
xx

[EXC]

Re: Travel girl - Hardship claim

Travelgirl

I think it would be worth inserting the following into your letter;

It is conditional to the complaints handling waiver that complaints about these charges made by customers experiencing financial hardship are to be progressed in the normal way and do not apply to the waiver.

I clearly meet the criteria of financial hardship. The FSA have stated that the definition of financial hardship for this purpose is outlined in paragragh 14 of The Banking Code - Guidance for Subscribers:

Subscribers will consider customers to be in financial difficulty when income is
insufficient to cover reasonable living expenses and meet financial commitments as they become due. This may result
from a change in lifestyle, often accompanied by a fall in disposable income and/or increased expenditure, such as:
• loss of employment;
• disability;
• serious illness;
• imprisonment;
• relationship breakdown;
• death of a partner;
• starting a lower paid job;
• parental/carer leave;
• starting full-time education.
A customer’s financial difficulties may become evident to the subscriber from one or more of the following events:
• items repeatedly being returned unpaid due to lack of available funds;
• failing to make loan repayments or other commitments;
• discontinuation of regular credits;
• notification of some form of insolvency or court proceedings;
• regular requests for increased borrowing or repeated rescheduling of debts;
• 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.

[travelgirl]

Re: Travel girl - Hardship claim

hi EXC
tyvm i have included this in my letter tyvm for your help and for comming in and reading this thread ty
take care
tvgl

[scoobydoo]

Re: Travel girl - Hardship claim

Right - still working on this

Now I think it said you had to answer by 29th April



so


Dear xxxx


I refere to your letter dated XXXX and apologise for not replying by 29th April ut I am finding al of this situation very stressful.

Firstly I wish to confirm I am very disappointed with your response

I would repeat the following

I did not close my account number xxxx

It was closed without my authority and without notice.I am aware that certain banks have been fined in the past for retalitory closure of acounts and customers have received compensation

the facts are that when I did go into OD because I was suffering finacial difficulties Abbey then used my only income which was benefits to repay the OD and charges which at time left me with no money to live on at all. I had to take out a loan for food and everyday expenses as a direct action as to what Abbey were dong.

The loan to cover everyday expenses is still being paid and further reduces my small income ( is this correct????)

Now it appears that because I am living within my means at the moment I am being punished - yet if I had still a large OD with Abbey or still had an account ( which I repeat I did not close ) you would consider my case.


I am aware that before the waiver charges have been repaid on accounts that were closed so I do not see the relevance of this comment .It is conditional to the complaints handling waiver that complaints about these charges made by customers experiencing financial hardship are to be progressed in the normal way and do not apply to the waiver.

I clearly meet the criteria of financial hardship. The FSA have stated that the definition of financial hardship for this purpose is outlined in paragragh 14 of The Banking Code - Guidance for Subscribers:

Subscribers will consider customers to be in financial difficulty when income is

insufficient to cover reasonable living expenses and meet financial commitments as they become due. This may result
from a change in lifestyle, often accompanied by a fall in disposable income and/or increased expenditure, such as:
• loss of employment;
• disability;
• serious illness;
• imprisonment;
• relationship breakdown;
• death of a partner;
• starting a lower paid job;
• parental/carer leave;
• starting full-time education.
A customer’s financial difficulties may become evident to the subscriber from one or more of the following events:
• items repeatedly being returned unpaid due to lack of available funds;
• failing to make loan repayments or other commitments;
• discontinuation of regular credits;
• notification of some form of insolvency or court proceedings;
• regular requests for increased borrowing or repeated rescheduling of debts;
• 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.

__________________

We have experienced the first three criteria and have also had our home re-possesed

I would point out that the judge was sympathetic with my argument about the bank taking my benefits money in the way they did.

Even recently they just keep churning out standard letters about how I should operate my account that I dont even have! they have never tried to help me or act in a sympathetic way.

So to summarise .

I am not happy with your decision and will have to consider my next move.







Open to comments ?

This should go to FOS and copy to Abbey

possibly FSA and banking code authority? What do you tin EXC


Travelgirl do you you know how to edit posts as youhave left a few personl things on previous posts?


Do we have any experts on here about taking benefits in charges?

[Bluebell]

Re: Travel girl - Hardship claim

Hi Travel girl, I've just read your thread and am amazed at some of the tings Abbey have done! It's shocking that they can get away with so much. Well done for standing up to them..I hope you get it all sorted soon, I'm sure you will with everyone here to support and advise you!!!!
xhugx

[travelgirl]

Re: Travel girl - Hardship claim

hello all i have re read the posts wow tyavvm. lol
scooby i thought i had took edited i soon tire with the medication i didnt have a slight murmour on my heart till all this with bloody shabbey
i hope i have answered all your comments an q's tyvvm
bluebell laughs love yes ive stood up to them laughs really you should hjear me on the phone and letters i have faxed them etc lol
yes the judge did phone abbey which they told him if lifted the case they would appeal i would have thought the dj 's word was final?
if you would like to ask anything more please do
i love the letters thankyou all
there great
me id send everyone hahahahaha
hugs take care
tvgl
x

[travelgirl]

Re: Travel girl - Hardship claim

heres the order i got after i went to court 8th jany 08
ORDER In The Blackpool County Court

Parties xxxxxxxxxxxxxxxxxxxx
ABBEY NATIONAL PLC



AT A HEARING ON TUESDAY 8TH jANUARY 2008 before District Judge Bryce sitting at The law Courts Chapel Street Blackpool, Lancashire

the judge heard the Claimant in person: and council for the Defendant
and made the following Order

1) The Claimant's application to be remove the stay is dismissed.

2) It is recorded that the value of the claim is £3117.02 plus interest.

[travelgirl]

Re: Travel girl - Hardship claim

hi everyone how did you all enjoy reading this thread
did you read where i posted what happened in court on 8th jany 08
i want to go to court about having our benefits taken from our accounts as the dwp, dss, ruleing is a waste of time as thery are not legal
want a laugh to yourselfs i got intouch with brown
did i get a reply your asking
no
im still waiting so while i am remembering im off to send a letter of disapointment etc
will keep you all updated
and will check here for more posts replies if there is any tyvm all
hugs
take care
tvgl
x