Travel girl - Hardship claim - offer received

[enaid]

Re: Travel girl - Hardship claim - offer received

Tell em nowt except thanks for what you are giving me so far lol.
The rest you can collect later

Well done, I am very pleased for you and yours Enaid x

[WendyB]

Re: Travel girl - Hardship claim - offer received

Great news TVG, I'm so pleased for you!!!

[Budgie]

Re: Travel girl - Hardship claim - offer received

Hi TG,

Could you please post up a copy of the email that Toby Bond sent you.

Make sure that your remove your personal details first though.

It will help if we could see this email so that we can offer you best advice.

Rgds Budgie

[travelgirl]

Re: Travel girl - Hardship claim - offer received

bless you all here is the email i got asking me to phone him
Dear Mrs Miller

We have now heard back regarding the assessment of your case for financial hardship.

Could you please call me on 020 7859 1545 once your receive this message.

Many Thanks

Toby

Toby Bond
Paralegal

ashurst

so i called him on monday tea time as i was in manchester due to family breavment so now we are going back on sunday for the funeral on monday
tyasvvvvvm
hugs
TG

[Budgie]

Re: Travel girl - Hardship claim - offer received

Thanks TG,

I suggest that you ask Toby Bond to send you an email detailing his offer. That way we can be 100% certain of exactly what he is offering you.

Rgds Budgie

[travelgirl]

Re: Travel girl - Hardship claim - offer received

ty for your comments wishes etc
he is sending a letter with everything
tg

[travelgirl]

Re: Travel girl - Hardship claim - offer received

please what do i do regarding the outstanding amount
do i start over again? or do i let the courts know hugs
ABG

[bloomingflower]

Re: Travel girl - Hardship claim - offer received

Many Congratzs TG, Well Done !:cheer2:


BF xx

[Budgie]

Re: Travel girl - Hardship claim - offer received

please what do i do regarding the outstanding amount
do i start over again? or do i let the courts know hugs
ABG

Hi TG,

Please can you post up the letter when you receive it so we can see what they are actually proposing.

You do not need to do anything at this stage. You do not need to start anything over again or to contact the Court. Just wait until you recieve the payment / receive the letter and let us know so that we can offer you some advice.

Budgie

[travelgirl]

Re: Travel girl - Hardship claim - offer received

my reply from the government at last

Sections187and45 - epetition response

We received a petition asking:

“We the undersigned petition the Prime Minister to compel the High Street banks to obey the law on state benefits.”
Details of Petition:
“It is government policy that people on state benefits (income support, tax credits, etc) have their benefit paid into a bank account. All High Street banks impose charges on banking accounts for going overdrawn, not having funds to cover a direct debit,etc. In the case of accounts which have money from state benefits payed into them , such charges are contrary to section 187 of the Social Security Administration Act 1992 or section 45 of the Tax Credits Act 2002. However, the High Street banks continue to ignore this legislation. This petition is to request the Prime Minister to compel the High Street banks to obey the law.”

· Read the petition
· Petitions homepage
Read the Government’s response

The purpose of the Social Security Administration Act 1992 Section 187 and section 45 of the Tax Credits Act 2002 is to prevent people’s benefit money being at risk by it being assigned over to a third party in settlement of a debt. It is not intended to prohibit the application of bank charges. Bank charges are in the nature of an expense, and are incurred by the holder of the account; tax credits and benefits are payable in order to help customers meet their expenses, and as such it is legitimate for banks to deduct charges from the balance of an account held in that bank, whether the money paid into the account comes from tax credits, benefits or other sources, such as earnings.
However, to directly address concerns about unarranged overdraft and returned item charges (UOD), the Office of Fair Trading (OFT) launched an investigation, under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) into the fairness of standard terms in personal current account contracts that provide for the charges. This investigation continues and is considering (among other things) the level of UOD charges and how they are applied.
The first phase of the test case was launched in the High Court in July 2007. In April 2008 it was ruled that the UOD terms in banks’ personal current account contracts can be assessed for fairness under the UTCCRs. In May 2008, the Judge gave the test case banks permission to appeal his finding. In July 2008 a hearing took place into whether UOD terms in the banks’ historical and basic bank account (and certain other non-mainstream current accounts) can also be assessed for fairness under the UTCCRs, and whether they are capable of being penalties at common law. This judgment is yet to be handed down. The OFT is continuing to progress the investigation as quickly as possible and will shortly be writing to the banks with its initial views on fairness issues. However, as the test case has not been completed and the OFT not yet concluded its investigation, it would not be appropriate for the OFT to ask the banks to make changes to their charging structure at the present time.
Until there is a resolution of the uncertainties involved, the Financial Services Authority (FSA) does not believe that it is in the interests of all consumers for complaints regarding UOD charges to be dealt with. Therefore, the FSA announced on 26 July 2007 that firms would be allowed not to comply with the FSA’s rules about complaint-handling in respect of complaints about charges – referred to as the waiver – pending the establishment of a consistent approach toward resolving complaints concerning the level, fairness or lawfulness of unauthorised overdraft charges. As the waiver expired on 26 July 2008, the FSA has agreed following a review of the prevailing circumstances, to put in place for the next six months, a new waiver that commenced on 27 July 2008.
To ensure consumer protection, the FSA has imposed a number of conditions on the waiver to which firms must adhere. These conditions include the firms agreeing:
· not to take the period during which the waiver is in place into consideration in any decisions made about limitation periods or time limits for complaints;
· not to make any change to the level or structure of its unauthorised overdraft charges. If a firm proposes to do so, then it may apply to the FSA for a variation of this condition. The FSA would expect to grant the variation if a firm satisfied the FSA that the proposed changes are not materially adverse to its customers. A firm must pay particular attention to the impact on customers who are unable to modify their behaviour in response to changes to unauthorised overdraft charges;
· to continue to deal with people who are claiming to be in financial difficulty during the waiver period and to filter complaints in order to identify complainants in financial difficulty; and
· to meeting the requirements of the Banking Code in identifying and resolving situations where the customer might be experiencing financial difficulty. (The FSA has also provided additional guidance for firms when dealing with complainants in financial difficulty).
The Government believes that people should have reasonable access to their benefits. If charges become widespread, the Department for Work and Pensions has said that it will need to consider the position of vulnerable customers to ensure that they are still able to obtain the full value of their benefit. We will therefore continue to monitor developments in this area carefully as regards possible impacts, in particular in relation to financial inclusion.
The Government recognises the extra financial and social costs that financial exclusion can have for some of the most vulnerable people in society. The Government is committed to ensuring greater financial inclusion and has committed over £250m to support financial inclusion initiatives since 2005. This funding has helped to achieve a significant expansion in the availability of affordable credit and free, face-to-face money advice, delivered through partners in the not-for-profit sector. Our financial inclusion strategy for 2008-11 was announced in December 2008 in Financial inclusion: an action plan. The strategy includes work to ensure access to banking, credit, advice, saving and insurance so that everyone can manage their money, plan to cope with financial pressures and deal with serious financial difficulties.
Further Information

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Tags: Accounts, Banks, State Benefits
------------------------------- merged -------------------------------
heres the letter i have got
Dear madam
in concidering your claim of financial hardship abbey entered into negotiation with you to settle your claim
accordindingly we refer to your recdent acceptance of without predjudice goodwill offer to settle your claim in the sum of £2o26.06 we attach a cheque in satifaction of the same
as agreed payment is made without admission of any liability by or on behalf of abbey and dows not predijudice your rights under the fsa waiver dated 378th july which may vary from time to time
should you wish to discuss any aspect of the above then please do not hesitate to contact us

yours faithfully
abbey

what do i do now regarding the amount they have kept and paid no interest like the judistrict juge ordered £3,117 with interest
and do i let him know what they have paid and still want to claim the rest?
tyvm for any hel;p
tg

[Amethyst]

Re: Travel girl - Hardship claim - offer received

heres the letter i have got

Dear madam
in concidering your claim of financial hardship abbey entered into negotiation with you to settle your claim
accordindingly we refer to your recdent acceptance of without predjudice goodwill offer to settle your claim in the sum of £2o26.06 we attach a cheque in satifaction of the same
as agreed payment is made without admission of any liability by or on behalf of abbey and dows not predijudice your rights under the fsa waiver dated 28th july which may vary from time to time
should you wish to discuss any aspect of the above then please do not hesitate to contact us

yours faithfully
abbey

Good thats quite standard doesn't affect your rights for the remainder of the money once the test case is concluded.

what do i do now regarding the amount they have kept and paid no interest like the judistrict juge ordered £3,117 with interest
and do i let him know what they have paid and still want to claim the rest?
tyvm for any hel;p
tg

It will stay in court with interest accruing until such time as the test case is over. You can write to the court and tell them you have received an interim payment for the claim so it will be on record it has NOT been settled, just in case abbey try saying it has.

[travelgirl]

Re: Travel girl - Hardship claim - offer received

ty how do i word a letter to the courts and the DJ?
what do i say to a. greene at fos
or do i just do the same letter and put her name on it one for the courts and one for fos
do i also say that no interest was paid although DJ did say on his order
thankyou for all ur help
hugs
tvg
------------------------------- merged -------------------------------
what do you think about the responce i got from downing street?
hugs
tg
------------------------------- merged -------------------------------
what do you think about the responce i got from downing street?
hugs
tg

[scoobydoo]

Re: Travel girl - Hardship claim - offer received

You just say that you have accepted an interim payment of xxxx. You wish the case to remain on hold pending the outcome of the test case.

with reference the S69 interest the bank are not legally obliged to pay this outside court - You my pursue this at a later date if you decide to carry on.

[Amethyst]

Re: Travel girl - Hardship claim - offer received

Hi

As the claims already in the courts system the s.69 is part of the claim and they will have to pay that and court costs once the test case concludes (assuming its in our favour)

All you need to say to the court is you have received an interim payment against claim no XXXXXXXX to be noted on your file.



Ame
xx

[travelgirl]

Re: Travel girl - Hardship claim - offer received

hello all, tyvm for all your replies
abbey has now paid up except they have kept £329 for the ongoing charges if you look back at my posts the charge i got for the £250 cheque the charges were repeated feb, march april, may up to 26th june when they closed my account yes it was repeated charges for the same
they took it out of there payment to me do i let it go or not personally i dissagree ok i would have paid the one charge but not repeated on going charge for the same item hugs tg