Help Please

[littlesally]

Sorry I am at work so should not really be here at all, but I can't find the letter for people on benefits having charges taken from their account.
I work with homeless people, and this is a continuing problem with different banks and different benefits so a standard letter would be great (not just one about tax credits which is all I have found so far)
If anyone has a link to one please reply,
Sally x

[JonCris]

Dear Sir/Madam [YOUR NAME, SORT CODE, and ACCOUNT NUMBER]

I write regarding the application of the following penalty charges to my account: [INSERT DETAILS of charges applied].

As you know the monies in my account derive from means tested benefits paid by DWP, and/or the CSA. This is confirmed from my bank statements, where they are clearly indicated.

Accordingly, you have erred in law in levying such charges on exempt monies in my account contrary to The Social Security Act 1992 which for your information states as follows:

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
(c)child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

Note * if you claim Working Tax Credit or Child Tax Credit the corresponding legislation is the Tax Credits Act 2006. Section 45 states then include this para in your letter of claim.

In addition I remind you that included are in this exemption are the following

Tax Credits Act 2006. Section 45 states:

45: Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of the person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors

I would also respectfully remind you that said benefits are not the property of the Recipient but of the State, and are provided by the State, for the Recipient and their Dependant's sole upkeep

Therefore as this is my only/main source of income please refund any and all such charges together with interest applied within 7 days from the above date

Yours faithfully

[littlesally]

Thank you so much and for being so quick,
Sally x

[JonCris]

Ur welcome speedy's me middle name