- You're in financial hardship
Under both standard banking regulations and the Lending Code (an agreement that all major banks have signed up to) banks must treat you fairly and be considerate if you are in financial difficulty.
We have therefore used these criteria as well as guidance from the Ombudsman to try and give some ideas as to what would count as hardship:
Can?t pay for necessities. You?re struggling to meet basic necessities eg mortgage, council tax, food, utility bills
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Can?t pay debts. You?re struggling to make loan and credit card repayments
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Income eaten by charges. Your income?s being eaten up by repaying charges (eg you?re being asked to pay £50 of charges from a £100 weekly benefit income)
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Payments regularly returned. Your payments regularly get returned unpaid as you?ve not enough money in your account
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Substantial drop in income. For example, you?ve lost your job, started a lower paid job, needed to take parental or carers leave, your partner has died, you?ve separated from your partner, you?ve started full time education or you/your partner has been/gone to prison
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Disability or illness. You?ve needed to increase spending on something due to a disability or serious illness
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Going bankrupt or into debt management. You?re going bankrupt, getting an IVA or Debt Relief Order or are in a debt management plan
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Continually living off credit. You?re living off credit and regularly need to increase your credit limit
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Regular credit card cash withdrawals. You are using regular cash withdrawals from credit cards to make ends meet
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Frequently over overdraft limit. You frequently go over your overdraft limit. In earlier incarnations of hardship rules this was explained as having more than £500 of charges a year ? so that seems a good benchmark
- Bank charges have hurt your situation. The charges have contributed to making your financial hardship situation materially worse
Disproportionate
- The charges are disproportionate
If you unintentionally slipped over your limit by a few pounds and the charge is a lot higher than the ?offence? eg you go £1 over but are charged £35.
The FOS stresses these cases are not "black and white" and those who continually slip over their limit, not in hardship, are not guaranteed to be successful.
Cycle
- You are / were stuck in a cycle of charges you cannot break out of
This is known as snowballing and effectively means you?ve had charges on charges, so you?ve been stuck in a trap of not being able to clear charges before new daily or monthly fees are added on top.
This is very common for those with larger reclaims, and is often the reason why some people are being paid back many £1,000s. Of course it tends to go hand in hand with being in hardship.