Hardship cases

[scoobydoo]

Re: Hardship cases

I do - and will let you know full details later - they have just asked me to keep it quiet until they decide whether to take the offer.

If it helps any one the FOS were slow to reactinitially with the normal "we will take our own time attitude" howver after a phone call explaining all the circumstances they did wake up and were helpful.

Jan

[EXC]

Re: Hardship cases

Good stuff Jan

I'd like all the cases we currently have to go off in the next few days - any others
we subsequently get can go off as we get them. I've asked Celestine to give me
the LB cases.

[enaid]

Re: Hardship cases

Excellent news, lets hope this is the shake up and wake up that has been needed.

[scoobydoo]

Re: Hardship cases

My Story - Simon -V-

this is the link - he does not mention the FOS but apparently they did contact the Abbey - but they did not admit that. Surprise surprise

jan

[EXC]

Re: Hardship cases

Good news. Abbey have settled. not a full refund but Simon has accepted.

[Nattie]

Re: Hardship cases

To me I think simon accepted a fair amount and the circumstances dictated his decision. As I think I have said before, the choice as to settle must include family choices and whether it is right or wrong can only be dictated by them. I am sure he will have a good Christmas as a result of the settlement.

[EXC]

Re: Hardship cases

Nattie you're absolutely right and to be honest I never gave him much chance of getting the result he did. I was really getting at Abbey still getting away with stiffing the poor bloke for a grand.

I did think hard about offering to pay his cag donation for him but I didn't want to risk hurting his pride.

[TUTTSI]

Re: Hardship cases

I presently have a Hardship case against Abbey which my local court had stayed off their own backs, when I went for the hearing to have the stay lifted I was informed that my case along with others has been transferred to Central London CC to be heard by designated Civil Judge Collins.

Apparently, this was a directive that all hardship cases are transferred and will be held in block sessions. I am presently waiting for my date of the hearing. Scary or what!

In the meantime I have started a complaint with the FOS and the FSA and I have been advised just to day that a case worked has been appointed at the FOS, so fingers crossed that I will hear something really soon.

I will let you know what happens next. If anyone has any info that would help me I would be very gratefull.
Thanks
DS

[scoobydoo]

Re: Hardship cases

Hope this is some encouragement - an A&L case - after a strongly worded letter has recived a full offer today.

so keep fighting!

Jan

my day in court

[EXC]

Re: Hardship cases

Jan

Just read that thread...brilliant. You were instrumental in winning that case WELL DONE. You must be well pleased I didn't know about the Patricia Hewit statement (patronising old trout, only good thing she's ever done) that benifits are public money. Interesting.

[Nattie]

Re: Hardship cases

Patricia Hewitt stated to the Bankers Assoc on 26/10/2006 that ' adirect payment is not money that belongs to an individual, it is public money to be spent on the persons care and needs. Taking this money will mean their care and needs are not met'.

The quote and I will get the full text if I can

[littlesally]

Re: Hardship cases

Brilliant outcome!!

Nattie I would love to see the whole quote if you could fnd it, as it would help with what I am doing,
Sally x

[oneunluckybloke]

Re: Hardship cases

Is there a template for the 'deny stay letter' ???

[Tools]

Re: Hardship cases

Not sure what you mean by `deny`the stay oneunluckybloke.

Have you a claim that has been stayed or are you wanting to pre-empt a stay being applied?

Unless you can 100% prove that your case falls within the very vague hardship definition there would be no point in applying for a stay to be lifted as it will be refused.

A little more info if you can please.

[EXC]

Re: Hardship cases

Yes Scoobs, this is the letter in full. I remember that she was refreshingly helpful.




Dear Mr EXC

I refer to our telephone conversation earlier. I have set out below the text of an email we have prepared to send to people who contact us regarding the definition of financial hardship following on from the complaints handling waiver granted by the FSA to the banks pending the outcome of the test case in the new year.
“The BCSB is an independent body that polices the Banking Code and the Business Banking Code. We do not investigate individual complaints against banks, building societies and card companies, because that is the role of the Financial Ombudsman Service (FOS). The BCSB Helpline can only advise on your rights under the Banking Codes, and cannot give legal advice.
Your rights under the Code
Section 14 of the Code says that your bank should “consider cases of financial difficulty sympathetically and positively. Our first step will be to try to contact you to discuss the matter.”
Section 14.4 says that you can instruct an advice agency, such as a Citizens Advice Bureau (CAB) to act on your behalf in repayment negotiations with your bank. The bank is then obliged to correspond and deal with your money adviser there, who will have had experience in handling repayment negotiations and will provide a free service. You should be able to negotiate repayments that you can afford. You may be able to ask the bank to freeze interest and other charges accruing to the account, although this is discretionary. Other agencies which provide a free advice service are:
National Debtline: 0808 808 4000 (www.nationaldebtline.co.uk)
Consumer Credit Counselling Service: 0800 138 1111 (www.cccs.co.uk)
Payplan: 0800 085 4298 (www.payplan.com)
A money advisor at one of the above-listed agencies can help you to draw up a Financial Statement that shows how much of your income is needed to pay for essential living expenses, before assessing how much you can afford to repay the bank.
Complaining about your bank
You may believe that the bank has not complied with its obligation under the Code to be “sympathetic and positive” and to work with you in resolving your financial difficulties, and that this has caused you a financial loss. In this case, one course of action is for you to pursue this as a complaint against the bank. You should make your complaint through the bank’s internal complaints procedure. The bank will give you details of this, on request. This sets out the legal timescale the bank is required to follow in dealing with your complaint. Your complaint should be made in writing, to its designated complaints department. After the bank has looked into your complaint, it will write to tell you of the outcome of its investigation. It will also tell you about your right to bring your complaint to the FOS if you are still not happy.
The FOS helps settle disputes between individuals or small businesses and financial organisations. If a settlement cannot be agreed, they decide who is right. The service is free to consumers and its decisions are binding on financial organisations. FOS can make awards of up to £100,000. You can find their contact details on their website at www.financial-ombudsman.org.uk. The FOS takes account of the Banking Code in making its decisions.
Complaints about unauthorised overdraft charges: hardship cases
An announcement was made recently about a test case on unauthorised overdraft charges. Until that case is heard in court, banks joined in the case have been given dispensation by the FSA just to acknowledge but not to investigate complaints, unless the customer is in very difficult financial circumstances. Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Complaints about banks which have not complied with the financial difficulties provisions of the Code would still be entitled to be referred to, and dealt with by, the FOS under the complaints procedure as explained above.
“Financial hardship” is not defined in the Banking Code. Financial institutions should consider complaints on a case by case basis, taking into account the information provided by the customer. Similarly FOS will consider the merits of each individual case. Section 14 of the Code and Guidance cover how firms should treat customers in financial difficulties.”
I hope this is helpful to you and the CAG.
Regards,
Mrs Hilary Putt
Helpdesk Manager
Banking Code Standard Board