I am new to this and need help with bank charges and benefits

vicky66 · 6th August 2007, 11:30

Hi
I have recently read that the banks cannot take charges from benefits. Does anyone know which benefits tese are, what I do if I have had charges taken from benefits and if anyone has successfully claimed using this argument?

please help
vicky66

freakyleaky · 6th August 2007, 11:53

Hi Vicky and welcome to the forum. There is lots of help on this subject available but just for starters, while I have a look for some more info for you, have a look at this post by Jailbird on another thread this morning.

Found this on MSE........may be helpful

Q: What else can I do if I am living on benefits?
A: If you rely on benefits for your main income, such as Income Support or Job Seekers Allowance, there is still possibly a way you can claim; though it relies on a slightly different law. All past claims have been based on contract laws but there is another law called the Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.
If you are in this situation, contact your bank to tell them that you are living on benefits and it should process your compliant. If it still does not help, contact the Financial Ombudsman, but make sure you tell it that you are receiving benefits and your case will be dealt with.

Chris

freakyleaky · 6th August 2007, 11:55

Also this one Right of Appropriation - Stop the bank from taking your money

Still looking for more!

vicky66 · 6th August 2007, 12:00

Thanks for the info so far, I dont know how to go about tackling the bank to reclaim charges which they have taken from my benefit (working families tax credit/ child tax credit) as I dont want to get it wrong! I think it that the claim is not covered by the waiver but I am not sure
thanks
vicky66

freakyleaky · 6th August 2007, 12:34

I think you are right about a claim involving benefits not being affected so just start you claim as normal. I will post a link for you now. You will probably be exempt from court filing fees and will have to claim using the n1 form direct with the court.
Have a read of the newcomers thread ( i will post it for you in a second) and it will guide you step by step. Just come back and ask any questions you have along the way!

freakyleaky · 6th August 2007, 12:35

Click Here For The New Version

This is the newcomers guide!

vicky66 · 6th August 2007, 12:46

I have already put in a claim before the waiver using the usual letter templates. Now the waiver is in place is the fact that i have already put in a claim going to affect my claim for them taking monies from my benefit I am worried that I have messed this up! Also can I add in chrges that I havs incurred since I sent my original letter? Sorry if i am being a pain.
vicky66

freakyleaky · 6th August 2007, 12:51

Sorry Vicky I am a bit confused here!You have a claim in progress and you want to start another claim against them for taking charges from you benefits? Is that about it?

Castlebest · 6th August 2007, 13:07

Try this thread too

Affect of charges refunds on benefit claims.

pete

vicky66 · 6th August 2007, 14:02

I have a claim which is on hold because of the waiver, however the charges that I have claimed have been taken from the account my benefits are paid into. therefore I was just trying to find out if I could continue with the original claim because of the fact that I am on benefits, without waiting for the oft case to go through the courts. sorry if it sounds confusing, thats probably because I am confused too.
vicky66

vicky66 · 6th August 2007, 14:20

thanks to everyone that is trying to help me
vicky

freakyleaky · 6th August 2007, 14:28

So yor case has been stayed pending outcome of the test case?
Have you received confirmation in writing from the court?

vicky66 · 6th August 2007, 14:41

No I have not. After much stalling by HSBC I was just getting to the stage of starting court proceedings when the waiver and court case was announced. I have since spoken to my bank who said that my file was now on hold until the case has been heard. I have not heard formally from the bank in writing that this is the case although they said I would be sent a letter to confirm this. I then read that about the fact that they couldnt take money from benefits and so therefore was trying to find out if I could continue to claim the money by a differant means. But I want to be clear that I can do this as the banks dont need much of an excuse to say that the way I have gone about things are wrong!

vicky66 · 6th August 2007, 15:04

I think to be fair that I have probably done this all wrong from the start! I should have come on here first and read up on what to do instead of listening to friends who advised me because I didnt in my original claim include all charges that I should so therefore having added them up again they now are more than I originally claimed! So I think that I have completely messed this up and I dont really know what to do anymore. I just need some guidance and confirmation of the benefits issue. You probably think I am a real pain but need your help and you seem to know what you are talking about.
vicky

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