urgent help

[c_allen]

help someone please
my benefits were paid into my rbs account today but the ****** took a lump out for charges ,I NEED this money to live .i've rung them but they say they are entittled to take it, is this right(i don't mean morally i mean legally)their ringing me back SOON when manager is back in office and i'd like to be certian of the facts before i let rip!

Just as a side point.. the benifit paid in was a joint claim (for myself and GF) have they committed a criminal offence???

(MODERATED: Language please!)

[c_allen]

Bump!!

Anyone able to offer advice

[brecken]

sorry I dont really know what to say, Did they advise you that they would be taking the said amount beforhand, cos im sure and please someone correct me if im wrong, but I think they are supposed to give you 7 days notice.

[c_allen]

no they did'nt but they told me they did'nt have to for bounced d/d's

[brecken]

just gonna do abit of searching, will be back to you in a mo.

[funkyparott]

They have not commited a Criminal Offence. Or at least one the Police will not be interested in.

Why not open another bank account somewhere else?

Suppose you could apply for an interim injunction against the bank to stop it applying any more unlawful charges to your account. You would have to be very careful doing this and it could cost you major amounts of money if you lost.

I'm sure some of the others will be along soon to advise you.

FP

[brecken]

Im almost certain that the bank as to advice you before taking the money, when ever I had dd refused the halifax would write to me saying that a charge would be made 7 days after the date of the letter.

Try phoning them again and ask to speak to a supervisor, explain your situation and appeal to they better nature, have you tried contacting your local citizen advice bureau, im sure if you tell the bank you have spoken to them you might get a reaction.

Good luck.
let me know how you get on.

[hagenuk]

Take a look at this thread. Hopefully it will help, if you have any more questions then please ask.

Can they really do this?

[funkyparott]

Certainlly apply for another account right now. It will be a pain, because you have to move direct debits etc, but will hopefully be worth it.

Speak to Citizen Advice

Question. Is this the first time you have been given a charge? What is your account running like in general ? Are you going to just incur more charges if you move to another bank ? I don't wish to make assuptions, but if you are in debt to creditors legitimatley, then Citizen advice do offer some exclent negotiation facilities with creditors.

It is worth speaking to your local bank manager about this. Remain polite, friendly, - explain your situation. Try to sell it to them. If this fails, then I would suggest hitting them with everything you have (not literally, - legally I mean!!).

How much have they taken in bank charges?

I think you will just have to follow the tried and tested forumula that is laid out on the FAQ's for getting your money back. Accept it will take a little time.

I know I mentioned about an Interim Injunction, but all it takes is for them to raise a 'point of law' and it could end up in the fast track court. You really don't want that. Such cases, can end in costs being awarded for thousands of pounds. You have nothing to fear reference the Small Claims Court.

FP

[c_allen]

thanx everyone for help,to answer some ?'s no not the fist charge i've had,had about £500 refunded in the last month this is the first time they've refused(bank manager is new and says it's my fault and that charges are fair)
this times only £38 but it's MY £38
I'm now starting action against rbs (as well as halifax n snatchwest, already started these) spoke to manager of custimer relations but branch manager got to her aswell (she admitted this)

[funkyparott]

Good luck with it.

I can't say it enough times. You need to apply for another bank account as a safety margin. They might, just might decide they don't want you as a customer anymore and give you 30 days notice, if you threaten legal action.

As to whether this is legal or not - try a search on the forum. One thing is for sure, whether it is legal or not, the banks still do what they want.


FP

[ecobabe]

don't really know if this will be helpful to you, but I have a thread on RBoS & BoS forum about BoS taking £4000 out of my account for another account I have there. because i had sent a letter previously saying that the account was in dispute i got the money back. don't know if this will work for you though.