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.

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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.

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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.

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  1. #1
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    Default HSBC is taking JSA to pay off overdraft

    Hope someone can help me with this one:

    My question is ... can a bank take my sons JSA to pay his overdrafticon and leave him with no money to live on for the next fortnight.

    He was £103 o/d last week and as he has only recently become unemployed we both went into the bank and asked for a temporary o/d facility for around 6 months until he returns to work... he was turned down flat and was told that if he reduced his o/d they would look at his situation again (doh)....I asked at the time that if his JSA goes in would he be able to draw money out. I was told to let the payment go in and they would 'sort something out'.
    Well his money went in today which left him £7 o/d.Tried to take out money but insufficient funds message.. went back to the bank and saw the same woman who was very unhelpful and said that the manager was in a meeting all afternoon and she was unable to authorise it. The best she could suggest was going to another branch and try there...
    I told her we will return in the morning and I m hoping someone can give me some guns to fire when I get down there... Can they really leave someone without a penny for a fortnight, surely JSA is the minimum amount a person is allowed to live on..
    Any help appreciated

    NWJxx

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  2. #2
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    Default Re: HSBC is taking JSA to pay off overdraft

    Quote Originally Posted by nowayjose View Post
    Hope someone can help me with this one:

    My question is ... can a bank take my sons JSA to pay his overdrafticon and leave him with no money to live on for the next fortnight.

    He was £103 o/d last week and as he has only recently become unemployed we both went into the bank and asked for a temporary o/d facility for around 6 months until he returns to work... he was turned down flat and was told that if he reduced his o/d they would look at his situation again (doh)....I asked at the time that if his JSA goes in would he be able to draw money out. I was told to let the payment go in and they would 'sort something out'.
    Well his money went in today which left him £7 o/d.Tried to take out money but insufficient funds message.. went back to the bank and saw the same woman who was very unhelpful and said that the manager was in a meeting all afternoon and she was unable to authorise it. The best she could suggest was going to another branch and try there...
    I told her we will return in the morning and I m hoping someone can give me some guns to fire when I get down there... Can they really leave someone without a penny for a fortnight, surely JSA is the minimum amount a person is allowed to live on..
    Any help appreciated

    NWJxx
    Hi follow this link and there is a letter to send to bank.

    Though from experence I would say that most banks take no notice, my advice would be to open a step account with a different bank for his JS and then pay as much as he can afford of this overdraft.

    http://www.consumeractiongroup.co.uk...-benefits.html

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
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    Capital One
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    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  3. #3
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    Default Re: HSBC is taking JSA to pay off overdraft

    Banks (and others) can't take benefits. JSA is not a benefit.

    Trading Standards wants your help

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  4. #4
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    Default Re: HSBC is taking JSA to pay off overdraft

    Its not a benefit??? SInce when???

    THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!!
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    MY SUCCESSES -

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    My mate (Littlewoods/Moorcroft)
    300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.
    070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...
    140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT!

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    Default Re: HSBC is taking JSA to pay off overdraft

    I'll try and find the ref where I read it, I think they (government), class it as an allowance and not a benefit.

    Trading Standards wants your help

    Dubious website businesses
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    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
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    The Consumer Action Group needs help to cover its expenses.
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  6. #6
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    Default Re: HSBC is taking JSA to pay off overdraft

    Well whether or not its a benefit or an allowance HSBCicon agreed to give my son £50 to live on for the next fortnight...asked to speak to the manager and was told they were very generous to give that and most banks would not give him anything to live on... He also said that he will take the remaining balance out of his next payment.....( I dont think so.. it will be a giro or another account opened sharpish)


  7. #7
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    Default Re: HSBC is taking JSA to pay off overdraft

    And I agree with you.

    The banks seem to be using this so called credit crunch to make as much as they can even though their profits are at record levels. I think it matches the governments con in using the 'green' excuse to up the price of everything and reduce the pay increases allowed.

    Trading Standards wants your help

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    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
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  8. #8
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    Default Re: HSBC is taking JSA to pay off overdraft

    Quote Originally Posted by Conniff View Post
    I'll try and find the ref where I read it, I think they (government), class it as an allowance and not a benefit.
    Is the clue not in the name?
    JSA = Job Seeker's Allowance


  9. #9
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    Default Re: HSBC is taking JSA to pay off overdraft

    oh is it??? sorry, wasnt being funny or anything! I just always thought it was classed as a benefit.Can see the logic in that but would DLA - Disability Living Allowance - then also be classed in the same way?

    THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!!
    THANK YOU SO MUCH FOR A FAB NITE LEE! xx
    Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

    02 Apr 2008, 23:55
    OfficialLeeRyan wrote:
    i like that!! its simple and good and gets the fans involved aswell x x x

    MY SUCCESSES -

    1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

    My mate (Littlewoods/Moorcroft)
    300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.
    070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...
    140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT!

  10. #10
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    Default Re: HSBC is taking JSA to pay off overdraft

    Quote Originally Posted by patdavies View Post
    Is the clue not in the name?
    JSA = Job Seeker's Allowance
    Being a government payment, they can make the word mean whatever they want it to mean you should know that.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  11. #11
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    Default Re: HSBC is taking JSA to pay off overdraft

    Your son could open a Post Office card account to have his JSA paid into. This means that he will not be able go overdrawn when he withdraws his money, and the bank can't swallow it as soon as it gets paid in. He can pay what he can when he can to the bank.


  12. #12
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    Default Re: HSBC is taking JSA to pay off overdraft

    Quote Originally Posted by nowayjose View Post
    Well whether or not its a benefit or an allowance HSBCicon agreed to give my son £50 to live on for the next fortnight...asked to speak to the manager and was told they were very generous to give that and most banks would not give him anything to live on... He also said that he will take the remaining balance out of his next payment.....( I dont think so.. it will be a giro or another account opened sharpish)
    Quote Originally Posted by Woozel View Post
    Your son could open a Post Office card account to have his JSA paid into. This means that he will not be able go overdrawn when he withdraws his money, and the bank can't swallow it as soon as it gets paid in. He can pay what he can when he can to the bank.
    If he contacts the jobcentre in the meantime, they should be able to pay him by giro until his PO account (or other) is opened.


  13. #13
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    Default Re: HSBC is taking JSA to pay off overdraft

    Where is the regulation that says they can't take benefits?

    Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

  14. #14
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    Default Re: HSBC is taking JSA to pay off overdraft

    Social Security Administration Act 1992
    Miscellaneous
    Certain benefit to be inalienable **

    Here also is the legislation that can be quoted if the benefits that fall within this act apply to you.
    187- Subject to the provisions of this Act, every assignment of, or charge on-
    (a)benefit as defined in section 122 of the Contributions and Benefits Act;
    (b)any income-related benefit; or
    (c)child benefit,
    and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

    dpick


    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  15. #15
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    Default Re: HSBC is taking JSA to pay off overdraft

    Trying to claim that JSA is not a benefit sounds like an amazing stretch of taking things too literally — see here for example:

    Jobcentre Plus - Working Age Benefits Jobseeker's Allowance

    Working Age Benefits
    Jobseeker's Allowance is the main benefit for people who are out of work.


    Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

  16. #16
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    Default Re: HSBC is taking JSA to pay off overdraft

    First of All JSA (Income Base) is a BENEFIT
    and JSA (contributionicon Base) is NOT a BENEFIT (if you've paid sufficient National Insurance contributions)

    Okay back to the topic - Please tell you son to contact DWP and ask them to send Post Office Account referal form. Once the PO is active, change JSA money to his PO acount. Alternatively you can ask another bank to open a basic account. HSBCicon cant recover their money from your son's JSA but as they are recieving money in their bank then they can keep the money to settle the account.

    Hope this answers the question.



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