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.
I have recently been overseas and my UK Child Benefit went 'on hold' as I was away more than the 8 allowed weeks. On my return I was advised by CHB to fill a new claim form to reclaim benefit. I did this and filled in new bank account details. I also wrote a letter. About 2 weeks later I filled in a second form to add a new baby to the claim, again supplying the new bank details. Weeks passed and finally I got a letter to say that my backpay and awarding benefit would be paid into this (my old account) bank. To cut a long story short this 'old account' is frozen as I was desputing bank charges.
I immediately phoned CHB and they said they had no details of a new bank account despite me putting the information on 2 forms and in 1 letter. These same forms also included my new address which is where they wrote to me (so they got that info!!)
The backpay had already gone into the old account. They took the new bank details again over the phone and said they would phone me back over the issue.
I put my complaint in writing also as numerous calls to them seemed to be ignored. When they did call me back I was told that they had written to the bank to reclaim the monies and awaiting the banks reply. If the bank decides to keep the money (as I am now in debt die to the dispute) then there is nothing they can do. They say the fact that this account was once a valid account for me means they paid into it in good faith and its not their problem if the bank wont return the monies. They never responded to my written complaint!
The last I heard was that they were looking for the evidence that I submitted new bank details.
Now:: The claim for the new baby was taking ages so I also phoned about that as well. Then I received a letter saying they had lost the claim details for the baby (and that means one of the forms with the new bank details on!! the evidence!!). They had received the birth certificate and returned it so they acknowledge receiving the claim, they just lost it! They have now paid out for her to, but the other backpay is still 'in process'. They now claim that I changed my bank details on such a date.. the day after the backpay went to the bank (thats the day I phoned to complain and they took the details over the phone)
When I asked who I could complain too I was told no-one..this is the government!
Help. I need this money for my new baby. Surely when CHB make a mistake like this there must be something I can do. They are at fault as I supplied these bank details 3 times before any monies was paid.
What can I do? Its been 'in process' for 2 months now.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Have you requested a copy of their complaints procedure ? They must have one government or not
saint
I did. They told me complaints had to be put in writing. I wrote, but its been 5 weeks and no reply, apart from 1 phone call to say it was 'in process' and nothing they could do until the bank replies!
I would send a letter to the directors complaints team, or even fax your complaint as it would be quicker (libraries cost about a quid), saying that their ineptitude has caused you financial hardship and you want this sorted out asap or you will complain to the Ombudsman.
The exact same thing happened to us, but it was with tax credits rather than child ben, but even so we were left without ctc for 8 weeks due to them paying it into a frozen account.
We demanded cash giro payments whilst they sorted it out, and they did agree to this so it might be worth a go.
Hope it helps a bit
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Kerrie: Thankyou for that link, its much appreciated and it gives me somewhere to start.
I asked the CHB about the complaints proceedure and they said that apart from writing in there was no other proceedure.. typical! I am also suspecting that my notes have been lost on purpose to hide the fact that I submitted the correct bank details!
I dont know if this works for all companies, but with CTC I have sent them a SARN request which is just a letter asking that they send me ALL details of my account, including phone calls etc. This is invaluable if you need to file a complaint against them, as I am doing with Child Tax credits presently as due to their incompetence of paying me into an old account aswell as sending me giros they were making double payment, so they are now claiming I was overpaid, even though I obviously never got the money from the old bank account so who knows where that went.
Heres a draft of my letter, it is free to request the info, and they have 40 days to comply. It would just prove that you did send the documents in in the first place, as they arent allowed to amend or alter any of the records.
Please would you supply me with a complete list of personal data you hold on me. You should be aware that personal data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include recorded opinions about, or intentions regarding myself.
Additionally, where there has been any event in the account history over this period which has required any manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention in relation to my account.
If you are unable to supply the information in relation to manual intervention because there has been no such manual intervention, then please be kind enough to confirm this in your response to this request.
This is my request to access ALL the data held by you and any other company associated with you about myself. You should be fully aware of the statutory obligations under the Data Protection Act 1998 and that any failure to comply with this request could result in a contravention of the said act.
You have 40 Days in which to comply.
Yours sincerely Mrs XXXXXX
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Thanks for that Kerrie. I have written a letter to the complaints director and will send the SAR off tomorrow. This site has given me the confidence to fight back!
The result: I didnt get chance to SAR them, but I did threaten it when they finally did ring me.. I also threatened a complaint to the director.. result = they got the money back for me + £50 compensation + £20 towards my expences (phone calls ect). Thankyou to everyone who helped and advised. Much appreciated x
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Re: Benefit Paid Into Wrong Bank Account!! **SORTED**
Thats good news, well done, its a pity you were put through all this stress, You could still write to your MP, highlighting your experience it might help others in the future.
Re: Benefit Paid Into Wrong Bank Account!! **SORTED**
I had a similar problem with 'Carers Allowance'. Some years ago, my wife was getting this for looking after me, then when she finished work, she went onto Incapacity Benefit. That stopped when she reached 60, so we re-claimed 'Carers Allowance. Meanwhile we had changed banks, the new claim was made with request for payment to be made to the new bank.. You can guess what happenned, it got paid to the old bank and we could not access it as the old account was over limit.
I wrote to the Bank with the help of info I gained from this thread, and guess what, we have just been told that if we go to the bank, they will give us the money.