Affect of charges refunds on benefit claims.

[alibobsy]

Thats rotten Jm losing all that for the sake of 25p, my FIL and MIL were in the same situation in that their DLA,incap and IIDB stopped them getting income support. There seems to be a whole group of people who getting just above the income support level wipes out so much help eg prescriptions, council tax benefit etc that they end up living on less than the income support level anyway cos they have more bills to pay out on.
Council tax ends up costing people on those middle to low incomes like pensioners and the disabled the most as it is such a bit % of their income. Defo should be a % on income tax, the collection would be easier and cheaper to administate and those who could most afford it would pay the most.

[JunkiMunki]

hiya Chocolatte,,
Glad to see someone else is picking up the point I am trying to make [ Money was ours in the first place , but because of the banks we did not get that money which was allocated to us by the GOVERNMENT!!!!!!!

[Kurt_Hamster]

The Government will just be ****ed that they weren't the ones who managed to claw it back

[bobtail]

Originally Posted by JunkiMunki

hiya Chocolatte,,
Glad to see someone else is picking up the point I am trying to make [ Money was ours in the first place , but because of the banks we did not get that money which was allocated to us by the GOVERNMENT!!!!!!!

Indeed JM if it was given back as it was stolen i.e. week by week it wouldnt be a capitol lump sum.
though they would class it as an income then even though its your money already

[JunkiMunki]

Hiya Bobtail,
I am not trying to defraud the government, never have done, never will do but I certainly want what I am entitled to, why should I give away what is rightfully mine, I have 4 grown children that are all in work, except for my eldest daughter who stays at home with my grandaughter, but whose husband has always worked, but is temporarily unemployed at the moment.
We have been on benefits from 95/97 respectively, and up to the present time have asked only once for an Interest free Loan from the DWP, which was in 2005, the reason for this request was for a Memory foam mattress for our bed due to my husbands lower back problem and my polyarthiritis, we were allowed enough to purchase [1] mattress only ,but had requested money for [2] as I am able to get in + out of a high bed rather than suffer lowering myself down onto a low bed, with the possibility of my knees giving way causing me to fall, this we paid back to the DWP as stated by them, but after losing the 20p Income support we are now not eligible for a loan, free medicines, or Mortgage interest payments, so do not get the right medication
we need as we cannot afford them. My husband and I have managed dont ask How to keep the house we started buying in 1985, it is a struggle paying the mortgage along with the regular household bills, which all has to come out of our benefits, then there are the banks taking even more of our money,
so we must be well below the amount the Law says we need to live on, and in 9 years time when the house is finally paid for, we are then penalised once again because the house then belongs to us the DWP/GOVERNMENT,once more KICK US IN THE TEETH, for EG; if we decide to move into a Council bungalow/house for health related reasons, and sell the house the money received from the sale has to pay "RENT" "Council Tax" , until we are below a certain level of savings, but if we were to be living in a council property, then housing benefit and council tax benefit is allowed and repairs needed to the property would be done at no cost, and we would be receiving the required amount needed to live on , without having to shell out the above [2] most expensive household bills, So taking all that into account is it really worth the struggle and stress and lower standard of living to purchase ones house while on benefits.
I can only think of the added comforts me and my husband could enjoy had we not been purchasing our property, does anyone feel the same ?????????
C'mon let's have a good debate on this one, [freindly of course] no backbiter's please!!!!!! click my scales if you think it's worth it JM xx

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[bobtail]

I understand and feel for you, my issue is with the way the country is run as a whole from the top down.
It always seems if you have any chance of making a break from getting off benefits there is always a clause that takes something off you.

[emmaf01]

JM- have you applied for help from the prescription charges people in Newcastle (HC1 form, I think).

And no matter what you should be entitled the CTB due to low income.

My biggest bugbear is that people don't know about these benefits and just think, because they aren't on IS or JSA, they are no loger entitled to help.

Try your local council welfare rights officer- a godsend.

[jailbird]

JM

I also claim DLA (Higher) and due to lack of mobility you are entitled to claim for your prescriptions.

Have a look at benefitsandwork@google.co m I'm sure you will find it on there.

Hope this helps

best wishes and good luck with your claim

JB

[vandermerwe]

Hi folks.

I've just started browsing the site, as I feel I am being ripped off by HSBC, and this is my first post (although I have contributed to the Debt Collectors site).

I picked up alibobsy's comment "legislation is in place to protect my benefits payments".

My wife and I are old age pensioners and live on some £240 per week out of which we must pay mortgage and utilities. No capital. We recently exceeded our £1000 overdraft, explained our prevailing situation to HSBC who paid the cheques drawn but charged £110 "arrangement fees" without a word of explanation or breakdown. That, clearly, came out of one week's benefits payments.

Could you expand on the 'legislation' you refer to alibobsy? Is it relevant to the above?

Also can anyone guide me to an explanation of the acronyms used on the site, e.g. SDA, DLA, LT, Incap, FIL, MIL, DLA, IIDB etc.?

Again, to avoid crashing into anyone else's theme, could someone tell me how to start a new thread?

I have a feeling this is going to be a long haul, but despite my age I am quite compus mentis, but regrettably not very computer literate. Sorry.

Vandermerwe

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[deedee1310]

Hello Vandermerwe

Please read Right of Appropriation - Stop the bank from taking your money

I hope this helps.

deedee

[alibobsy]

Originally Posted by vandermerwe

I picked up alibobsy's comment "legislation is in place to protect my benefits payments".

My wife and I are old age pensioners and live on some £240 per week out of which we must pay mortgage and utilities. No capital. We recently exceeded our £1000 overdraft, explained our prevailing situation to HSBC who paid the cheques drawn but charged £110 "arrangement fees" without a word of explanation or breakdown. That, clearly, came out of one week's benefits payments.

Could you expand on the 'legislation' you refer to alibobsy? Is it relevant to the above?

Also can anyone guide me to an explanation of the acronyms used on the site, e.g. SDA, DLA, LT, Incap, FIL, MIL, DLA, IIDB etc.?

Again, to avoid crashing into anyone else's theme, could someone tell me how to start a new thread?

I have a feeling this is going to be a long haul, but despite my age I am quite compus mentis, but regrettably not very computer literate. Sorry.

Vandermerwe

As DeeDee said have a look on that thread, the legislation means they can't take benefits to cover bank charges or at least they aren't supposed to. Unfortunately I suspect this refers to income based benefits such as IS(income support),JSA(job seekers allowance income based), and pensioner credits. The £240 a week you get is this just retirement pension? Have you tried claiming pensioner credit to top up your pension?
A few acronyms
MIL mother in law
FIL father in law
DLA disabled living allowance-a benefit
SDA severe disablement allowance-a benefit
IIDB industrial injuries benefit-a benefit
Incap- incapacity benefit
LT- not sure about this did I use it lol could be in ref to incap which has different rates one of which is LT long term.
BTW by the way
LOL laugh out loud
ROFL rolls on floor laughing
the last 3 are used all over the internet so you get used to using them and forget some people out there are just getting into forums sorry!
To post a new thread find the section you want to post in and go to the bottom of the page. Click on the little blue link to "new thread" and you can start one there.
Good luck
ali x

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[vandermerwe]

Thanks deedee 1310 and alibobsy.

That's very helpful. I'm very conscious I am now poaching on someone else's thread, but you've set me on the road ali x and I can now guess OH means 'other half'!

BTW the benefits to which I referred include pension credit, attendance allowance and carer's allowance.

Thanks again.

Vandermerwe

[deedee1310]

Glad I could help

deedee x

[vandermerwe]

That was a quick response deedee - thanks a lot.

A quick question if I may. I've obviously stumbled into a hornets' next with HSBC over my modest overdraft limit of £1000 which has increased to £2500 for what I believe to be legitimate reasons, but includes around £500 "arrangement fees" over the past 90 days and now 4 bounced cheques.

In what I now gather is a 'template' letter from them they suggested various sources of help and I phoned one of them, the charity National Debtline, and asked if I should try and resolve the matter amicably as a customer of 6 years' good standing, but the answer was a resounding 'no - you are just a number to them, reclaim your charges, do not discuss by telephone, keep copies of all correspondence etc. etc.

Quite an eye opener!

Will do, and also amend the Right of Appropriation letter to suit my needs, but could you advise on how to obtain the best help from this website.

Do I start a new thread (which now can do, thanks ali) and call it something like 'Newbie takes on the Honkers and Shankers'

Shall appreciate you advice, please remember I'm not computer literate!

Regards.

Vandermerwe

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Is the bank taking your benefits You may be able to prevent this by serving them with a letter asserting your right of appropriation. Follow this link to our templates library. The bank are obliged to respect your right of appropriation - but sometimes they need to be forced. Post on the forum if you are having difficulty with this

[deedee1310]

Are you wanting to claim from HSBC first? If so, you will need to start a new post in the HSBC Forum. You can name your thread anything you want! might I suggest vandermerwe v HSBCriminal? LOL (laugh out loud)!

When you have done so, the good people of the HSBC forum will help assist you, as will I.

deedee x

[vandermerwe]

Hi deedee.

Thanks a lot. I've called my thread Old Age Pensioner -v-HSBC.

I just need to make sure I take the first step correctly.

I've downloaded an enormous amount of data to collate and file as reading the screen is a bit difficult for me.

Best wishes.

Vandermerwe

[deedee1310]

Originally Posted by vandermerwe

Hi deedee.

Thanks a lot. I've called my thread Old Age Pensioner -v-HSBC.

I just need to make sure I take the first step correctly.

Great! Well I'll subscribe to your thread. I can't help with anything HSBCriminal specific, but I can help with the preliminary letter, lba stuff as will others on the thread.

Originally Posted by vandermerwe

I've downloaded an enormous amount of data to collate and file as reading the screen is a bit difficult for me.

LOL! Yes, I understand and it was the same for me too, it's just that I managed to keep reading on-screen. By virtue of the amount of the amount of information I took in, I had a severe headache for two days! Needless to say it's much better as I understand so much more now.

Good luck with everything.

deedee

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[michellecorlett2005]

Don't know if this has already been mentioned, but what about those already on benefit and having to pay these charges from their benefit income, how can they then say that they have to declare any sums returned to them

[abroadgirl]

hello
happy ner year to everyone

well i am in constant discussions with my bank and lots of correspondence 7 hardback folders im in court with them 8th jan@2pm
but i am worried as i got an email from my banks solicter and she is saying that the law and benefits acts are improper and that they can take charges from benefits etc
is there another benefits act i can get hold of please
i need something to show them that they are wrong
i am on DLA& MOBILITY in which they took there charges out of them yes i have proof on my statements
thvm for any offer of help
hugs
abg

[steven4064]

abg

What the bank is doing to you is wrong and (IMO) against the law. However, the law they are breaking is not that in the benefits acts. It's the common law on penalties in contacts and (probably) the Unfair Terms in Consumer Contracts Regulations 1999. THat's where we need to concentrate.

Unfortunately, at the moment we cannot (easily) pursue them that way either becaue of the test case.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.