Affect of charges refunds on benefit claims.

[abroadgirl]

hello steven tyvvm for your replies
i am so confused as i have put everything in my thread
abroadgirl v abbey
please feel free to take a look
i dont really know what i can do i have told and sent hardship letters and proof that the charges were taken form my benefits which left me with nothing till my next payment so i understand now that i canrt fight this i just dont know anymore tyvm for everything hugs
abg

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[steven4064]

abg

I have been following your thread. You have been given some good advice by Jansus and others, and Stonedecroze has offered some practical help too. I suggest you allow Stonedecroze to help - I have been talking to him about the possible way forward.

[The GodMother]

Originally Posted by zootscoot

Thanks to Joa for the following information:

Are you sure this is write as when l contacted my local benefits agency about the bank charges on behalf of my Father in lawthey told him any bank charges that had been illegally taken form his benefit money they dont have to be declared as they are repaaying money they were not allowed to take. He aslo recieved this in writing.

Chrissi

	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.

[alibobsy]

That's interesting GM I wonder if the benefits agency have been given new instructions by the government regarding these refunds. Would be fair to disregard these as a special case.
Nice one
ali x

[The GodMother]

well my FIL is part of the test case so it may be differernt if thet is the case.

I know he will not be declearing the money as he is entitled to about £8k back.

Chrissi

	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.

[Joa]

Originally Posted by The GodMother

Are you sure this is write as when l contacted my local benefits agency about the bank charges on behalf of my Father in lawthey told him any bank charges that had been illegally taken form his benefit money they dont have to be declared as they are repaaying money they were not allowed to take. He aslo recieved this in writing.

Chrissi

Very interesting indeed. I was wondering if you could PM me with the details, i.e. the authority/agency which wrote the letter, did it refer specifically to the refunded bank charges, the amount.
I would be very interested because couple of years ago there was a case which run all the way to the Commissioner regarding arrears of capital and which failed miserably.
Of course we have to remember that refunds below certain thresholds would not affect the benefit, however i am interested in amounts above that thresholds.
DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - Housing Benefit Guidance Manual - Part B - BP1 - Assessment of capital
and
DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - Housing Benefit Guidance Manual - Part B - BP1 - Assessment of capital

	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.

i would just like to add, that if you read about on the internet, the banks are not actually allowed to take charges from peoples benefits as these people are given the minimum amount of money that is needed to live on. So you are in your right to claim it back as it shoudnt have been taken in the first place.