HELP! Barclays will not give back bank charges.... confusing letter from them

[mumtotwins]

Help!

 

To cut a long story short,

 

I am so useless when it comes to getting back bank charges and it is not as easy as I thought it would be!

 

I currently get Income Support, Child Tax Credit and Child Benefit into my bank account,

this is ALL that's goes into my account.

 

I heard that because of it being a benefit the banks can not legally take it from my account,

I have seen a few stories where no judgement was made and Barclays refunded, so I gave it ago.

 

On the phone the lady actually lied to me and told me they treat all their customers the same,

if they are working or not a charge will still apply..

.. I told her I knew she was lying as I have seen a few people beating the banks.

 

I received a letter in the post last week and it states:

 

'I understand you are unhapy with the bank charges incurred and debited from your account between 2009-2013,

when taking into consideration the provisions of the Social Security Admin Act 1992.

 

As a resolution, you would like a refund of the above charges.'

 

'I can clarify that where the Act refers to a 'charge' it is intended to mean ''to assign an asset'' rather than to ''incur a fee''.

 

Therefore, the true meaning of the Act is that benefit payments can not be used as security or assigned to a third party.

This means Barclays can charge fees in respect of the products and services we offer your banker.

' This bit is the bit that has thrown me

 

'As a result, I am unable to uphold your complaint and will not be refunding the bank charges you have complained about'

 

Since writing to them and them giving me this as there final findings I have incurred 2 more bank charges.

 

What do I do?

[renegadeimp]

Have you ever made a complaint under BCOBS or told the bank they are causing you financial hardship?

[mumtotwins]

No I haven't,

I sent them an email requesting my charges back from 2009-2013 under the social security act.

 

The email I sent them said:

 

I am requesting charges from 2009-2013 be refunded to my account

I receive child benefits and child tax credits and other government benefits only into this account

which the law states is minimum a person needs to live on these social security benefits

are granted to stop hardship and designed to meet day to day needs

and are exempt administration act 1992 subsection 187 from arrestment in terms of

section 187 social security administration act 1992

 

section 45 of the tax credits act 2002 chapter 21 part 1 is an identical provision to the said section 187 of the 1992

act this stipulates that the bank can not apply any charges to money received as be and such charges unlawful and therefore disallowed

 

therefore can all money owing be returned to my account

Thank you for your cooperation in this matter

[mumtotwins]

I am struggling with the amount of charges put on to my account,

specially as I am a single mum to 4 children,

 

I have rent to pay, gas and electric, council tax, tv bills, food shopping, clothes shopping etc..

.. these fast few months alone, I am having to pull out wonga loans to just try and get by.

[mumtotwins]

I have just written this up, does anyone know if this will be okay to send? I'm not very good with letter writting:

 

To Whom It May Concern,

 

I am writing with regards to the letter which I received from you around the 3rd January 2014.

 

Whereby you have told me you will not refund me for the bank charges dated from 2009-2013,

you said and I quote

'I understand you are unhappy with the bank charges incurred and debited from your account between 2009-2013,

when taking into consideration the provisions of the Social Security admin Act 1992.

As a resolution, you would like a refund of the above charges.'

 

'I can clarify that where the Act refers to a 'charge' it is intended to mean ''to assign an asset'' rather than to ''incur a fee''.

Therefore, the true meaning of the Act is that benefit payments can not be used as security or assigned to a third party.

This means Barclays can charge fees in respect of the products and services we offer your banker.'

 

However after to much research, I do believe your findings to be indeed incorrect.

After doing some much needed research I did however find this: 'Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

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 bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

** inaliable = not to be forfeited.'

 

Therefore I am asking you again, to please refund me my benefits from the period 2009

when I began receiving such benefits to the current charge recently dated 2014.

 

I feel that telling me over the telephone that you treat all your customers the same is that of a lie

as I stated I had a friend go through something very much the same and there was no deal over it, she was refunded.

 

I note this to be against BCOBS and Unfair Treatment.

 

As you as a bank are treating me different to the next customer.

 

I do hope that we can clear this issue up with a good outcome before I take this to the financial ombudsman.

 

Many Thanks

 

(Miss) Kayleigh

[renegadeimp]

Try and keep calm. It's the weekend so things are pretty slow around here. Give it a day or two and someone should be able to advise for you.

[filrobbo]

You can stop them from taking money with the Right of Appropriation you need to take a letter in to your bank and stop them it my only be for six mths or so but it will give you a bit of time to sort out you finances, they probably wont like it, but once in place they have to abide by it.

[your name ]

[your address]

 

 

[date]

 

 

[bank name ]

[bank address]

 

 

 

 

Dear Sir/Madam,

 

RIGHT OF APPROPRIATION

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Benefit / Salary / tax credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

 

Rent - Company/Landlord name/reference - due to be collected by Direct Debit on xx/xx/xxxx - £xx

 

Please ensure this payment is made.

 

I also need to appropriate the sum of £xxx for essential housekeeping and will withdraw this sum over the counter/by ATM on xx/xx/xxxx.

 

Please ensure this sum is available to me at that time and that any other payments out of my account or charges applied to my account do not interfere with this withdrawal.

 

If you have any doubt over my rights please contact your legal team.

Yours faithfully,

 

 

[signature]

[filrobbo]

just adapt to your circumstances.

[renegadeimp]

Be aware, a lot of banks will try and refuse to accept that letter, because they know they wont make any money off you if they do.

[mumtotwins]

Thanks for that, I will use that and take that in on Monday Morning.

[filrobbo]

OK don't let them push you around take control, because they will try, but stick to your guns you will need the bank manager if they refuse to help say will report it to the FOS and also make take there names and you can also record the interview.

[fkofilee]

Simple, Money for benefits cannot be assigned to a debt!... Inclusive if bank charges!

DX is right about BCOBS! Its the only way forward.

 

In the mean time, disappear off to another bank IE... Coop... they have an awesome cashminder account which would do you great. Get all your benefits paid in there!

[mumtotwins]

Do I just quote BCOBS, or do I need something from within it? I have been with Barclays 14 years now and I do think I will take your advice and change accounts. I do have an overdraft of £100 with Barclays that I would need to clear first.

[fkofilee]

Yes clear it but not straight away ! Move over ASAP and then you wont have to deal with these charges!

Then you are in control of your money!

 

Also transfer x amount to the account every month and drive the overdraft down.

Thats is the best way !

[Klandestine]

If I was you I would be sending in a letter of appropriation as mentioned above.

I would also be sending in another letter informing them that I am current in financial difficulty and then details of my income and expenditure.

 

It's then up to them to decide the outcome. Be realistic - they have to treat you fairly but this doesn't equate to a refund of all charges.

 

Also with regards to benefits not being assigned to debt - this doesn't include bank charges. Bank charges aren't even a debt so how can they included?

[mumtotwins]

Thanks so much for that, I have already applied online with coop feeling rather positive already.

[mumtotwins]

I knew I wouldn't get it all refunded, but I knew if I backdated it to 2009 I had a better chance of getting as much back as possible. ATM I am stuggling, I'm also a full time student with money coming out for applying for UCAS, and all these bills etc xx

[renegadeimp]

It doesnt matter how long youv ebeen with a bank. They couldnt care less about it. Remember the libor scandal, the closure of accounts with no reason to the account holder? Banks are private companies and only care about one thing. Making billions through the use of your money. Thats why they will charge you 8% + interest for going overdrawn etc, but 0.1% for having money in your account.

[filrobbo]

If you want to make a claim you will need all your bank statement's showing the charges, then go to the library at the top of the page and select bank charges all letters are in there if you haven't got them then send a SAR to them .

[slick132]

Hi Mum,

 

I suggest you have a look at this thread which may give some pointers - http://www.consumeractiongroup.co.uk/forum/showthread.php?413172-Clydesdale-Bank-Charges-taken-from-benefits-Reclaim-under-Hardship-help&p=4426463&viewfull=1#post4426463

 

In particular, follow the link to this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits&p=3864559&viewfull=1#post3864559

 

If you have your old bank statements, how far back do they go.

 

Edited January 12, 2014 by slick132
added link

[dx100uk]

yes refocus toward bcob sand the satans bank thread

 

and get out of their quick

get that co-op account opened

 

transfer your benefit payments to them.

 

they are very good .

 

I have had one reason to complain some time previous

and they refunded straight away as i'd already sent notice of appropriation letter etc etc etc

 

dx

[mumtotwins]

Hi Mum,

 

I suggest you have a look at this thread which may give some pointers - http://www.consumeractiongroup.co.uk/forum/showthread.php?413172-Clydesdale-Bank-Charges-taken-from-benefits-Reclaim-under-Hardship-help&p=4426463&viewfull=1#post4426463

 

In particular, follow the link to this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits&p=3864559&viewfull=1#post3864559

 

If you have your old bank statements, how far back do they go.

 

 

 

Thank you so much, I emailed the bank almost a week ago now and still awaiting their reply. Their last letter only took them 3 days to send me.