Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Angry Bank charges whilst receiving JSA

    Hi there,

    Here's the problem. I am currently unemployed and receiving JSA I also get Housing Benefit, unfortunately the HB is short of my rent by about £100 a month cosequently I am living on about £30 a week to cover ALL bills, food, etc etc...

    Last week a standing order for £1 (yes one pound) was not paid due to lack of funds and the Halifaxicon have said they are going to charge me £39 plus interest on the resulting overdrafticon!

    Now, I read somewhere (on Martin Lewis' site I think) that there was some law against banks charging people on benefits. Does anyone know about it? Unfortunately Martins site is down at the moment.

    Regards
    Paul

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  2. #2
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    Default Re: Bank charges whilst receiving JSA

    I wouldn't have thought so.
    Ignoring the unfair bank charges for a moment a bank is still a commercial operation so I doubt they have different rules just because you are on benefit.


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    Default Re: Bank charges whilst receiving JSA

    If you are receiving state benefits, then you are entitled to reserve that money solely for your own needs - it's money from the Government for your upkeep and your upkeep alone. Read this thread here for more information on how to prevent the banks taking it in charges.

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  4. #4
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    Default Re: Bank charges whilst receiving JSA

    How bizarre.

    The DWP said to me when I enquired about this that I'd need to open up a Post Office card account for my benefit to be paid in as there is no facility for DD's and can only be used for paying in benefits.


  5. #5
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    Default Re: Bank charges whilst receiving JSA

    Martins site is back up and I found the info:

    "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 Ombudsmanicon, but make sure you tell it that you are receiving benefits and your case will be dealt with."

    Looks like I will be giving HBOSicon a call on monday!

    HTH
    Paul


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    Default Re: Bank charges whilst receiving JSA

    This is slightly off topic, but for somebody on JSA to have a net rental charge is unusual. It can sometimes happen because of a clawback for an overpaymenticon of Housing Benefit in the past. If this is the case, you can apply for a clawback reduction to £3 per week if you're on JSA. Your local Housing Benefit office will have a form for this.


  7. #7
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    Default Re: Bank charges whilst receiving JSA

    Quote Originally Posted by hanzo View Post
    This is slightly off topic, but for somebody on JSA to have a net rental charge is unusual. It can sometimes happen because of a clawback for an overpaymenticon of Housing Benefit in the past. If this is the case, you can apply for a clawback reduction to £3 per week if you're on JSA. Your local Housing Benefit office will have a form for this.

    Thanks for that Hanzo, actually that is quite interesting as when I called the benefits office to complain about the rent shortfall the person I spoke to was surprised that I didn't get the full amount as I was on income based JSA which should mean that I get full rent covered. He said that I could appeal but that the rent assesment could be reduced as a result and seeing as I didn't want to make matters worse I didn't bother - I did apply for Discretionary Housing Payment to make up the shortfall but this was declined.

    If you know the rule here I would love to hear about it as this is the second period of unemployment have "enjoyed" over the past few years and the same thing happened before. If I should have been entitled to full rent I wonder if I could reclaim. hmmm.

    I dunno it seems the less you have the more people want to screw you

    Regards
    Paul


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    Default Re: Bank charges whilst receiving JSA

    It all depends on the fair rent for your area. Are you living in a property with more than 1 bedroom?


    Consumer Health Forums - where you can discuss any health or relationship matters.

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    Default Re: Bank charges whilst receiving JSA

    No:
    1 bedroom, 1 bathroom, 1 kitchen/diner/living room plus a room that is only useable in the summer (no heating) and a "utility" room with the ancient ch boiler and washing machine

    The "fair rent" was assesed at £375 pcm when it is actually £469. I was a bit intrigued as to why the benefits office guy said I should get full rent if on income based jsa...


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    Default Re: Bank charges whilst receiving JSA

    £469 seems like a fair rent to me and you are not overhoused, appeal the decision. Contact your local Welfare Rights who will help you.


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    Default Re: Bank charges whilst receiving JSA

    if you're under 25 there's other rules about housing benefit/allowance that work out you get less, i'm not all that clued up on them as they're very confusing but if you ask welfare rights or CAB i'm sure they can tell you more.

    Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

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    Default Re: Bank charges whilst receiving JSA

    If you are under 25 then housing benefit will only pay for a bedsit or shared house. For some reason they don't think you need self contained accommodation before this age. Care Leavers are exempt from (and probably some other groups, I think maybe mental health, disabilites and alcoholics or drug users) this rule and can claim the full amount for housing benefit from the age of 18.


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    Default Re: Bank charges whilst receiving JSA

    Under 25? I wish!!!


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    Default Re: Bank charges whilst receiving JSA

    Lol just checking, in that case the amount you're being charged sounds fair to me, try getting onto welfare rights, they can work miracles with 10 minutes and a black biro.

    Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

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    Default Re: Bank charges whilst receiving JSA

    ok, how do i get hold of them?


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    Default Re: Bank charges whilst receiving JSA

    Quote Originally Posted by paullittle View Post
    ok, how do i get hold of them?

    Have a look on our local council website


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  17. #17
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    Default Re: Bank charges whilst receiving JSA

    Shortfall between the rent due and the HB paid can be explained also in a following way: in most areas of the country (except those which are covered by Housing Allowance) the Fair Rent Office will make a decision about so called "eligible rent". This will be a "fair, reasonable level of rent" for the claimant circumstances, geographical area, type of accommodation, market prices etc. This "eligible rent" often does not reflect the "actual rent" because Fair Rent Officers tend to live in the past! Couple of decades behind the rest of us! The result is that the HB, which is calculated in accordance with "eligible rent", even if paid out at 100% rate (as for people in receipt of IS or JSA) does not stretch to cover the whole "actual rent"- because the base for it's calculation is already wrong (lower).
    Discretionary Housing Payments is the recommended way to plug the hole. DHPs are discretionary (i.e. the local authority does not hae to award but the may)- so good supporting evidence and a good personal statement are vital. The crucial issue in applying for DHP is to convince Local Authority that you cannot move somewhere cheaper, that there is not much cheaper accommodation on offer, that you have very strong ties with the area where you live, that you will fall behind with rent and be evicted without help, that you have no other sources of income and that there is a strong possibility that you'll present as homeless without help from DHP.
    Good luck.


  18. #18
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    Default Re: Bank charges whilst receiving JSA

    thanks for that.

    I was unemployed and receiving JSA/HB/CTB earlier this year. Got a job and signed off. Job lasted 12 weeks before I was made redundanticon! Did a "fast reclaim" got awarded JSA/CTB and HB but, as before was less than rent. reaplied for DHP but they said as I had been receiving it before that it was not eligible. In fact they said it was "not appropriate".

    My real point is, as I said earlier, that when I spoke to someone at the benefits office they thought I should get HB to match my rent, although they didnt actually use those terms that is what I understood him to mean. Perhaps he thought I wasnt getting 100% of the "fair rent" like you say they are living in the past, <rant> even more so down here in the south west which has the fastest rising house prices in the country only just behind London and the south east but with salary levels at a fraction of those living there - I blame all the rich city whizz kids purchasing second (third/fourth) homes down here </rant>


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    Default Re: Bank charges whilst receiving JSA

    On a happier note i did get HBOSicon to cancel the £39 charge today - hoorah!



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