Is the bank taking your Benefits ?

[1234debt]

Hi, I'm in the middle of reclaiming my bank charges. I've had a prelim court date which has been stayed due to the OFT case. All the charges I'm reclaiming were taken from means tested benefit but I haven't mentioned it in my claim thus far. I was wondering if there was a way to over turn the stay due to hardship and if so any pointers as to how I would go about this?

 

thanks in advance

[ja-de]

Duly Signed

[Vital Spark]

Hi Steven, tried to get onto that site but experienced "no go". Came up "Error. Not found" every time. That was by clicking on the link "reclaiming charges taken from benefits", in your above post.

[taylorandy10]

Hi, I'm in the middle of reclaiming my bank charges. I've had a prelim court date which has been stayed due to the OFT case. All the charges I'm reclaiming were taken from means tested benefit but I haven't mentioned it in my claim thus far. I was wondering if there was a way to over turn the stay due to hardship and if so any pointers as to how I would go about this?

 

thanks in advance

 

 

If you are claiming your bank charges on the grounds that they were taken from an account containing benefits they can not but a stay on this case due to the OFT case going through

[jontah 2006]

If you are claiming your bank charges on the grounds that they were taken from an account

containing benefits they can not but a stay on this case due to the OFT case going through

please i do not understand what you mean by,'they can not but a stay on this case due to the OFT case going through.'

[taylorandy10]

please i do not understand what you mean by,'they can not but a stay on this case due to the OFT case going through.'

 

Sorry the misunderstanding was on my part my apologies the office of fair trading are taking a group of banks to court over bank charges and because of this all cases with these banks are being put on hold but if u have put in your court claim that the charges were taken from benefits then this type of case can not be put on hold but they may be able to put a temporary stay on this case.

 

My apologies for getting the wrong end of the stick or not making my point clear i have no legal background and i too am taking my bank to court to the charge of 8 thousand pounds in charges and all this is new to me i am learning on the job so to speak LOL

 

 

Good luck with your case hope you and everyone gets what they deserve back from banks and they finally learn that we will not bend over and take it up the rear forever.

[vincymum]

 

Good luck with your case hope you and everyone gets what they deserve back from banks and they finally learn that we will not bend over and take it up the rear forever.

 

 

My sentiments exactly. I'm just asking around on the Barclays forum if there is any way that I can add this bit about taking benefits, to my POC's cos when I issued my N1, I did it using the standard arguments, ie unfair, and that they are unfair penalties.

[steven4064]

Hi Steven, tried to get onto that site but experienced "no go". Came up "Error. Not found" every time. That was by clicking on the link "reclaiming charges taken from benefits", in your above post.

I think I've fixed the link in that post now. (if not, try here)

[muggins73]

For information I have just started a thread in the Halifax forum on a case we are starting for reclaiming charges taken from benefits

 

Might need your assistance with doing much of the same against shabbey national.

If you recall this post #4088)8)in your thread

 

Re: Is the bank taking your Benefits ? I have recently returned from holiday to find that Abbey National have taken a wopping £256.53 in one fail swoop from the joint account in charges which has left pretty much nada by way of my partners Incap Benefit to pay any of the direct debits that have fallen due. Needless-to-say this has buggered up finances somewhat which has inturn caused further charges, to the point of no return. I am livid, as I am sure most of you can sympathise, and would like to know what can be done about it, without embarking on court proceedings?

 

Well to give you an update, I had to pay a visit to my branch after several phone calls to their customer service centre. One of which took me half-an-hour to get through to a lady who was just about to refund me half of the next instalment of chgs (amounting to a whopping £406.86) and was cut off:(. This happened twice, even after lodging yet another formal complaint, and after pleading with someone in their India-based call centre to put me through to someone I could actually talk to without having to wait, I gave up trying to reach them after a further 17 minutes. I rang the customer service nunber again and was then told by a man in the indian based call centre that he could deal with my request as that particular dept was now closed:mad: He told me that according to the notes on his screen I had been refunded £170.00 which wasn't the 'half' I was promised initially. I then asked him how we could go about spreading the cost of the remaining chgs and was advised that he could not deal with that and that I'd have to basically go through the whole rigmarole again. Well I told him in no uncertain terms that I was not about to waste any more time and not to mention money chasing them via the phone and was instructed to go to my local branch.

 

Went to my local branch and was unable to get an appointment with the man at the front desk that day due to staff shortages and had to go back the following morning!!!! According to him, his name is David, there was nothing on the system detailing my conversation with the customer service centre let alone a refund of £170.00!!! Well you can imagine how amused I really was at this point. Anyways, he had to use the very same number that I had been trying, and yes we had to wait for sometime before he actually got to speak to someone. Anyway, and to cut this very long story short, I was advised by the man on the end of the line (who funnily enough sounded just like the chap who'd advised to go to my local branch in the first place) that abbey no longer allowed customers to spread the cost of charges over a couple of months, I was given two options:

1. Pay back the charges plus my overdraft of £900 over 12 months @ £115.00 per month and give up my cheque book and visa card

2. Was much of the same but over 18 months @ £85 per month with the added bonus of shutting my account down completely for approx. 4 months:mad:

 

Neither of the above was satisfactory and I had to remind them that the amount in question was the charges levied on my account (which was caused by the first lot of chgs which were debited from my account in July amounting to £250.00 and not the arranged overdraft facitility) the chap on the phone then gave me a third and final option:

3. They'll refund me some of the chgs and leave my overdraft to pay off as and when as long as I agreed to hand in all the cards and cheque books belonging to the joint account.

 

So I opted for number 3. All cards and cheque books have been handed in and a ATM card should be on its way to me in the next 5 working days. I have £115.00 worth of charges which will be debited from my account on 07th August which is just about managable...I should be able to feed the kids!!!!! After this ordeal I have been left feeling like a criminal. It is the best option for us in our current financial situation, we simply can't afford a £900 overdraft and dealing in cash should help reduce this, but I still feel hard done by.

 

I have had the std response to both my complaints, but am left with a bitter taste in my mouth and feel as though I should really hit them where it hurts.

[skintcumbrian]

I didn't even find the benefits stuff out till this last weekend, and I am fuming. The bank have routinely been taking the money from my benefits account to pay off my overdraft (caused in almost every case by their charges) for YEARS. If only I had known earlier.....

 

My court case is Thursday this week. On Saturday last I receieved a letter from DG saying they intend to request a stay. So, I sent the letter about removal of a stay yesterday. Changed it slightly so it says denial of the request for a stay. I also added in that HSBC hadn't actually submitted any paperwork in time and also that they have been taking my benefits contrary to section 187.

 

If I actually get to see a judge on Thursday I am firstly going to ask for a default judgement as they haven't submitted any evidence in their defence as requested, and then if that doesn't work, that no stay is granted because of hardship because the bank are taking £150/month from my benefits illegally and if necessary I will take both of my twins in rags to court with me!!!!

 

I have asked for an appointment with the bank to see what the branch say about this. However, I phoned WFTC yesterday to ask for their help and they said that once they have paid the money out, it is no longer any of their business what happens to it. I told them about the Social securities Adminstration Act and was told to phone the Citizens Advice Bureau. WTFC obviously need far more people complaining about the illegality of the banks actions. I was told however that for my new claim (just found someone daft enough to live with me and the twins) that I could be paid in giros ie real hard cash that the banks can't get their dirty paws on..

 

So, now I am also looking at whether the mobile companies, electricity etc will take payment in homegrown vegetables, homemade sloe gin, or internet marketing consultancy etc from now on so I can avoid having anything to do with the banks ever again!!!!

[skintcumbrian]

I didn't even find the benefits stuff out till this last weekend, and I am fuming. The bank have routinely been taking the money from my benefits account to pay off my overdraft (caused in almost every case by their charges) for YEARS. If only I had known earlier.....

 

My court case is Thursday this week. On Saturday last I receieved a letter from DG saying they intend to request a stay. So, I sent the letter about removal of a stay yesterday. Changed it slightly so it says denial of the request for a stay. I also added in that HSBC hadn't actually submitted any paperwork in time and also that they have been taking my benefits contrary to section 187.

 

If I actually get to see a judge on Thursday I am firstly going to ask for a default judgement as they haven't submitted any evidence in their defence as requested, and then if that doesn't work, that no stay is granted because of hardship because the bank are taking £150/month from my benefits illegally and if necessary I will take both of my twins in rags to court with me!!!!

 

I have asked for an appointment with the bank to see what the branch say about this. However, I phoned WFTC yesterday to ask for their help and they said that once they have paid the money out, it is no longer any of their business what happens to it. I told them about the Social securities Adminstration Act and was told to phone the Citizens Advice Bureau. WTFC obviously need far more people complaining about the illegality of the banks actions. I was told however that for my new claim (just found someone daft enough to live with me and the twins) that I could be paid in giros ie real hard cash that the banks can't get their dirty paws on..

 

So, now I am also looking at whether the mobile companies, electricity etc will take payment in homegrown vegetables, homemade sloe gin, jam, or internet marketing consultancy etc from now on so I can avoid having anything to do with the banks ever again!!!!

[vandermerwe]

I've been posting on the HSBC section.

 

The b******s have been nicking my/our benefits payments in bucket loads.

 

I've written advising of cheques drawn on such weekly benefits for foodstuffs etc. giving the cheque numbers, and reminding them of the relevant Social Security Act.

 

As the cheques are guaranteed by means of their own card they've been paying them and then sending a billet doux to advise my request for a temporary addition to my overdraft (it's only £1,000 for gawd's sake) has been granted and the account "will be debited" with an "arrangement fee" of, typically, £75.

 

Being a supporter of village life I usually wander up to the local store for basic essentials and pay by guaranteed cheque which the seven working day a week owner can only pay in every ten days or couple of weeks.

 

Last week she had some help in her shop who had not written my card number on the reverse as she thought "we know Mr. Van der Merwe", so there's no need.

 

The owner paid in four cheques at the same time, let's say numbers 001,002,003 and 004. 003 was not guaranteed. Guess what happened?

 

Van's lost his credibility and HSBC has banged him for a £30 bouncer and heaven knows what for "arrangement fees" for the other three.

 

Yes, I've signed the petition, but G. Brown has more important things on his mind, like lying through his teeth to win the next election.

 

What does one do when the banks deliberately ignore the law?

 

Vandermerwe

[vandermerwe]

Hello Skintcumbrian.

 

Sounds as though you live in a nicer neck of the woods than I do, and also patronise the jolly old Honkers and Shankers.

 

I had one of their template letters suggesting various sources of help if I was in financial difficulty - including, I might add, the insolent suggestion of going into my local library to read books on the subject of debt.

 

I called one source - The National Debtline - and the adviser there began by telling me to reclaim my charges (this was pre-OFT) and to get a 'parachute account' for all my benefits to be paid into. They even sent a list of banks that offer a basic account to just about everyone who's not been nicked for fraud.

 

The Co-op opened one by telephone.

 

I somehow think the National Debtline might suddenly be removed from the list of advisers?

 

Think you can search for "parachute account" on the forum search facility.

 

Hope I've helped.

 

Van

[vandermerwe]

PS Skintcumbian - what's WFTC?

 

I get as far as Womens' Federation for Trading or Training, but can't figure out the 'C' word - honest!

 

Could it be Corgis?

 

Patron H.M. Queen Elizabeth II?

 

Van

[vinegarvera]

Where do we stand regarding Fees applied after charges refunded and the closure of accounts?

Sorry if I have missed this somewhere.

[steven4064]

Hi Vera

 

The received wsidom is

 

a) if the bank applies charges after your have had charges refunded, go back to prelim and start again for the 'new' charges. However that was before the OFT case. If you start a new claim it will probably be stayed. Might be best to wait.

 

b)If the bank closes the account you should complain to the Financial Ombudsman - several banks have already had their knuckles rapped for doing this.

[JunkiMunki]

In REPLY TO POST 464 , WFTC = I think it is reference to "Working Families Tax Credit", this is only my assumption though

[vinegarvera]

Thanks Steven,

Does this apply if benefits are paid into account, I have stumbled across this thread too late I think?

[steven4064]

I don't see why it should make any difference except that 'hardship' is am additional reason for a stay being lifted.

[shazb35]

i am in proceed of court action and am preparing my court bundle, is there anything i can include in the bundle so the court knows the charges were taken from my benefits, i have sent the letter template to the bank and got no responce.

 

sharon x

[steven4064]

Put it in your statement of Evidence. Presumambly the bank statements identify payments from benefits. You can put in an additional paragraph along the lines of

The claimint further contends that the contract terms under which the defendant applied (and continues to aplpy) the charges in the Scehdule are void by virtue of s187 of the Social Security Adminstration Act 1992 and/or s45 of the Tax Credits Act 2002

Only put in the TCA2002 bit if you are in receipt of Child Tax Credit or Working Families Tax Credit. Only put in the SSAA1992 bit if you are in receipt of some otehr benefit (including Chiold Benefit if it is paid directly to your bank).

 

Put the two sections of the Acts in the Basic Court Bunlde. For info they are

Social Security Administration Act 1992

Certain benefit to be inalienable.

187.—(1) Subject to the provision of this Act, every assignment of or charge on–

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

[3(aa) a jobseeker’s allowance;]

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void;

Tax Credits Acts 2002

45. Inalienability

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void;

[1rnold]

Hi

this is really useful as I am going to use as part of my work (as I work as a family support worker) so its good to know this and personally. Going to preach to sign the e-petition on this as well. I think I have had this done to me when I worked part time as I was relaint on working tax credit to pay daily bills as my part-time wages just about covered the mortage I was left with.

thanks

Reeta

[vodster]

i am in this situation today.The bank have taken 50 quid charges from my account and all i have paid in to there is my benefits.:(they were taken as monthly charge as bt took money they shouldnt have by direct debit in the month.i got the money and charges back from bt but the monthly ones i havent im sick.now my cheques will bounce that ive sent out.help!!

[steven4064]

.now my cheques will bounce that ive sent out.help!!

Hi vodster

 

You could try sending the bank a "right of appropriation" letter (see post 1 of this thread). It might do the trick although a lot of banks just ignore such letters. Keep the evidence - although it may not help this time it might be useful later.

 

BTW, which bank is this?

[vodster]

itsthe alliance leicester

 

have been on the phone to them all morning.

 

she has told me its not illegal to take charges from benefits and that they cannot return any charges at all till this court case is over and done with.i said its not part of a court case...its me asking you for my benefits back..she said its the same thing.

 

sorry get in touch with bt they took it wrongly.

 

i now have 2 cheques bounce today because of it and now feel like crying:confused: