need help with reclaiming benefits taken in charges

[karen654321]

Hiya, Im trying to fill out a mcol for charges that im requesting be refunded from the halifax. My account is solely sourced by benefits.

 

I havent got a clue what to put in the poc on the claim form..

 

any help would be appreciated

 

karen

[moneyhelp]

Are they taking your benefits for charges still?

[**Tilly**]

hi ya have a look in the link i have given you

Particulars of Claim

[karen654321]

Hiya yes they are still taking charges. I sent the standard letter of stating they are not allowed to and asked for them back. They ignored this letter. I then sent second letter of before action and i had a letter back stating they are not prepared to refund them.

 

The poc link you have given me is the standard one but i wanted to know what i could put on the poc about reclaiming them because its an account solely sourced by benefits.

 

thanks for your help

 

karen

[**Tilly**]

im sure if its the same but will have alook round for

[**Tilly**]

going to bump you i think its the same but just in case and thanks;)

bump

[karen654321]

thanks tilly49 much appreciated

[ja-de]

Hi karen, have you sent them this: Right of Appropriation

if you print a few of these off, it should stop them from taking your Benefits.

I hope this helps you.

[karen654321]

I have sent these off and they ignore them. When i phoned a customer relation manager there, they stated that they had never heard of this.

When i asked to speak to someone higher that a customer relations manager i was told there is no one within halifax thats higher than a customer relation manager that a customer can speak to.

 

Its madness

 

karen

[**Tilly**]

i will ask seasidelady to come have a look please dont worry it be fine

[sea-sidelady]

Hiya Karen, You need to send a complaint to the banking Ombudsman.

 

Bear with me and i will get you the details.

 

FAQs about our complaint form

[**Tilly**]

thanks seasidelady to the rescue again

[karen654321]

thank you so so much for that. I have done that now. Do you know how long they usually take to look at these sort of things?

 

karen

[Dusary]

Well, if Information Commissioners Office is anything to go by ..... 28 days for the bank to respond to Ombudsman.

 

The Bank will know that you are serios when they hear from the Ombudsman.

 

Then you are on your way to a VICTORIOUS WIN!

 

And you'll get all YOUR money back!

[kennythecelt]

As Dusary says, you will get it back.

 

As its an immediate issue, do not give up on appropriation. You can also try Citizens Advice Bureau and talk to someone high up within the Benefits Office about this and appropriation. Print off the details and take it with you>

 

Good luck!

[karen654321]

Thank you all so so much for you help and kind words.

 

I dont see that im going to have any luck with this right of apporpriation if the customer relation managers have never heard of them though. Ive printed of loads of them lol.

 

Im going to contact the benefits office again today as im due my daughters disability living allowance tomorrow and its going to be swallowed again i just know it. Ive swopped over accounts now but it wasnt enough time for them to change this payment...

 

thanks and will keep you updated.

 

karen

[karen654321]

Just to update ive had a letter from the ombdusman saying basically they cant help me till this oft thing has been heard.

 

Ive sent them a letter back stating that my case is completely different from just reclaiming bank charges. Im claiming that the halifax is being unlawful in taking my benefits in charges when my account is solely funded by benefits.

 

waiting to hear back

 

karen

[kennythecelt]

Hi Karen

read through your thread. Quite a story.

 

Noticed early on that you were contemplating MCOL. Please read this link.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/110547-urgent-all-mcol-claims.html

 

You will need a court that is not automatically staying. There is a sticky on this which I will post. We will help you though. Please remember you are not alone!!

[kennythecelt]

This will give encouragement. Steven will post regularly so pop in now and again. He has a wealth of experience.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108952-claim-charges-taken-benefits.html

 

Here is the link re court stays. This list is updated as news arrives

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if.html

[kennythecelt]

And, you should be thinking of claiming under hardship. Waiver does not apply to this.

 

Remember the interest.

[karen654321]

Hiya thanks for replys

claiming under hardship? I havent got a clue how to do that.

Just looked at your list and the southend on sea county court are staying cases.

 

Can you pick what court to go to then? This is all so confusing.

 

thanks

 

karen

[**Tilly**]

hi karen this link might help if you need any help or have questions just shout

Claim for charges taken from benefits

[xiona]

Hi Karen, I don't know if this helps but it certainly did for my daughter. She was in the exact position you are, and I sent the Letter of Appropriation to her branch Manager along with a more personal one referring him to the LofA attached. This was done separately from her claim for refund from BOS HQ.Her charges were refunded (on issuing of summons) and she no longer gets charges even if she has no funds to meet her commitments.Her Branch Manager took heed of her position. Good luck

[kennythecelt]

Good advice and worth a try. You will however need to follow through on legal action as xiona suggests.

 

Here's hoping!!!!

[karen654321]

Hiya thanks for all the excellent advice. Just to let you know i phoned the halifax to tell them that the letter they sent me referring to the oft hearing wasnt anything to do with my claim.

 

I was told someone would get back to me and they did!!!!!!!!

 

Apparantly a new hardship thing has been introduced and they look at claims within 5 days. I was told someone would give me a call within 5 days with a decision whether they are going to pay me out. (by Thursday). I dont like the idea of them calling me as im not very assertive but ive got all the amounts and dates next to the phone just in case they call me and try to knock some off the amount they want to pay me.

 

I just hope this isnt another delaying tactic as most of the money that was taken in charges actually is dla for my daughter which gets spent on her to improve her quality of life.

 

Tilly that link was a fantastic help and i sort of no the way forward if i dont get the call.

 

Xiona thanks for advice. The problem i have is my branch of the halifax dont act on right of appropriation letters. I have sent probably about 20 now and they never get acted on.

 

Will keep you updated hopfully with good news.

 

karen