New User - Charges taken while on benefits, but complicated.

[PhatMikey]

Hi all,

 

I'm currently unemployed, and unable to work due to illness. I'm getting Income Support (about £58 a week).

 

A few months ago, I reclaimed a £38 charge for a bounced Direct Debit, and NatWest refunded me as a 'goodwill gesture'.

 

The only DD that comes out of my account is my car insurance. At the beginning of August I didn't have enough money to cover the DD, or pay rent, so my mother lent me £350, sent from her Natwest account by phone banking. The money arrived in my account the same day the DD was due to go out, but rather than paying it, Natwest bounced it and charged me £38.

 

The same thing just happened at the beginning of September, my mother lent me £100 from her Natwest account the day before the DD came out, but Natwest chose not to pay the DD, and charged me another £38.

 

Now, I believe it's illegal for them to take out charges from benefits, but the fact I'd borrowed money from my mother seems to complicate things.

 

I asked at my branch that the charges be refunded, but they phoned back today saying that their regional office had refused, and I could appeal to their national customer services place.

 

I'm desperately in need of this money. Does anyone have any ideas on how I can word a letter of complaint to them?

 

Thanks, Mike.

[patrickq1]

not just ilegal it is libel,if the funds deposited by your mother were cleared ,then it is libel,imo this also is a breach of contract.and unlawful charges..but check with one of the moderators by sending a private message

good luck

[Guest peed orf]

Nat West do like the money in the account by 4pm the day before. If that was the case, they should pay it back through the branch. I fthe money wasn't in the account by 4pm the day before, you may have to fight for it through the Courts. There is a letter in the templates library that should/could/might/might not, stop them taking any more, as you have a right to eat before they get their charges.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

[steven4064]

If you look in Nat West's T&Cs you will see that tey actually demand that money is in the account at 3:30 the previous working day for DD's going out. For DDs going out on a Monday, this means 3:30 on Friday.

 

Peef 'orf is right, uyou should send the 'right of appropriation' letter but, be warned, they will almost certainly ignore it. It is useful evidence though.

 

I am currently working up a POC for a court case based on s187 of the Social Security Adminstration Act 1992 and s45 of the Tax Credits Act 2002 but I'm not there yet. IN the meantime, send a prelim letter as in the templates library but remove any mention of UTCCR1999, UTCA1997 and penalties at common law. Substitue one or both of the 2 Acts I've mentioned - TCA if you claim any tax credit, SSAA for anything else.