carpetbagger v Natwest

[Carpetbagger]

Hi, I 've started a new thread for my claim, because the other one sunk without trace, and had a very misleading title.

I've just knocked out a draft Particulars of claim for my n1 form, would like to have some people's opinions. Does it look alright? Is there anything I've missed out? Is there anything I should get rid of/ change?

Thanks in advance.

 

[gizmo111]

The new POC for Nat west are here - have a read and see where they differ.

[Carpetbagger]

Oh right. Thanks a lot for that, will make ammendments.

[Carpetbagger]

Have read through the new POC, but can someone please tell me how I personalise it by adding the following information about me claiming benefits and NatWest breaking section 187 of the Social Security Administrations Act 1992?

 

In my other draft I wrote:

1.For a substantial amount of the period in which the account has been operating, the Claimant was unemployed and subsequently in receipt of Jobseekers Allowance and Incapacity Benefit credits and Income Support. The Defendant continued to debit charges and charge interest on these benefits during these periods.

 

c) By taking these charges whilst the Claimant was in receipt of benefits as their only income the Defendant has contravened section 187 of the Social Security Administrations Act 1992, and such charges and interest thereon are therefore void and must be refunded to the Claimant

 

 

SOCIAL SECURITY ADMINISTRATIONS ACT 1992

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

Help please, I wanna get this finished and out to the court- it has been draggin on a ridiculous amount of time!

[steven4064]

Hi carpetbagger

 

I think you should just stick with the POC that Gizmo linked to. This PoC was written by a proper lawyer and is based on NatWest-specific T&Cs.

 

You have to be really careful quting the SSAA1992 - it seems to say that bank charges cannot be taken from accounts where benfits are payed. However, when it says 'charges' it means it in a very specific legal sense. It covers things like attachment of earnings but, unfortunately, not bank charges. I am still looking to see if there is another way of using this act, but I don't have a way at the moment that would stand up in court (or at least that is what the legal experts amongst us tell me).

[Carpetbagger]

Ok, that's put my mind at rest. Will forget about the Social Security act and just go ahead and file my claim using that POC. Very helpful again, thanks Steven!

[steven4064]

It is more than likely that you clim will get stayed. If you are on benefits still you might be able to use hardship as an argument against a stay

[sallysas]

If they intend to take charges out of your account and your income is benefits this might prove useful.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

[steven4064]

Sally is right although, unfortuantely, most banks ignore such letters. Keep the prssure on though

[sallysas]

You may have seen this today already.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/114939-bank-charges-financial-hardship.html