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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default Abbey taking charges from JSA deposits - Can they do this? - I Won Finally (I think)

    I just wanted to verify something i've seen elsewhere on the forum. I currently owe quite a bit of money to a few people, mainly credit cards, mobile phoneicon bill etc.

    I'm unemployed, and receiving just over 91 pounds a fortnight in JobSeekers Allowance.

    I've been like this for over a year now with a break over christmas when I did temporary work, but I haven't been able to find anything since.

    I've had charges taken from my bank account for going overdrawn while i'm on JSA. I've seen elsewhere on the forum, posts that suggest that they are not allowed to take payments from that money to cover charges.

    Is this the case? If so, then I should be to claim it back, clearing my overdrafticon fully, and also will be able to start making payments to all my creditors again who, I hate to say this, but i've been mostly ignoring due to not having the money to pay them.

    Not sure if this is in the right place, but feel free to move it if it isn't.

    Similar Threads:

  2. #2
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    West Midlands
    Posts
    4,737

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    hi
    IMHO they can't, this is a link a template letter http://www.consumeractiongroup.co.uk...ml#post1469434

    I've not used it myself, so can't say what if any notice banks have taken when its sent.

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default They resolved it...in my favour!!!!!!

    I haven't updated this for so long as Abbeyicon were taking ages to reply and decide what they would do.

    It had got into a cycle eventually, where the account was overdrawn, and they were still allowing payments to go out, but then refunding them the next day, and charging me for the privaledge.

    After a while of me refusing to pay what they said I owed them, they put a bar on the account, and started sending letters saying I owed them money blah blah. I replied to these and disputed that I owed them anything, on the basis that the only money going in to the account was the JSA, and legally, I am allowed to dictate what that money is used for (paying bills for instance, not for paying their charges)

    Well, I finally recieved a letter from them today which said that after looking at my account, they have decided to refund ALL the charges levied on my account while I was on JSA. This amounts to over £800, and is actually more than they took in total, so that puts my account back in credit, and means I can clear a substantial amount of my credit card debts.

    What I will probably do to prevent this happening again (although i'm not 100% sure yet), is to withdraw all the money, and put it in my savings account so that this can't happen again.

    It took them long enough to sort it out, but i'm glad they finally did, and also that they saw the situation that they had partially (I'm not blaming them for all of it, as I started it off) got me in to.


  4. #4
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Teesside
    Posts
    2,474

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    Hi you have another option, I stopped all DD etc and paid what I could afford with on-line banking. Some of my creditors screamed a lot but they gave me account details to pay into when they realised that I would not pay them any other way. Second option is to open an account at a different bank and do the above if Abbeyicon are taking money out of your account to pay card or loan with them (they call it off setting).

    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

  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    watafu Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2009
    Posts
    1

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    I am in a similar position to the op, i have been on and off jsa and Abbeyicon have persistantly caused me a great deal of trouble by taking 70-80% of what i recieved in benefits leaving me very little to actually live on. Over the past year they have taken a good 300-400+ off me in charges which i have paid back everytime i got paid through jsa but it has been a fairly persistant cycle where sometimes i would not be able to afford to actually pay it back and incur more charges. As i have paid all the charges off now, can i still claim them back by following a similar procedure or is it not possible? I guess its worth a shot


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    My last post wasn't the end of it unfortunately. They added on charges while the account was suspended. I used what money was in there to pay a couple of bills, without knowing about the charges.

    The charges then hit the account, and took it overdrawn again (not by much....only about £5), but again, it's caused this cycle where they take money to cover the (in their eyes, unauthorized) overdrafticon, which takes the account further overdrawn, and causes more charges.

    I sent a letter to them last month, explaining again, that I am not willing to pay the charges, and also am not in a position to do so anyway, due to still being on Jobseekers Allowance.

    Currently, i'm still awaiting a reply to this letter.

    In addition, I have also not been able to get a replacement card for the account (my old one was cancelled by them the same time they put the bar on the account), and also have been unable to get replacement details for their ebanking service (my current logon no longer gives me access to my account).

    I am not planning on paying anything on this, as I explained in the letter I sent to them, as I did pay a small amount in to cover it to begin with, but they just took money again the following month (I'm beginning to think they're going to keep taking money until they've recovered the amount they refunded me by).


  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative yourbank Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    4,441

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    Why have you not opened a parachute accounticon? Come on, that is what you should do and make sure you get in a claim to recovery any charges from them. The not taking charges from benefits letter is not correct but unfair charges is better.


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    I do already have another account with another bank that is used for everything now. This other account is a savings account, so I cannot go overdrawn on it.

    Nothing is being done with the Abbeyicon account now, either taking money out, or putting money in.

    The only activity on the abbey account now is due to them taking these charges every month.


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    I thought I posted the result of this....obviously not.


    After sending them the letter saying what had happend, they refunded £100 which has put the account back in credit. They've taken two charges since then, but only of about £1 each, meaning it's still in credit.
    So I think this is the end of it finally.

    I'm not going to do anything further with the account, including going through the hassle of closing it. I'll just leave it how it is and not touch it at all.


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    csc2ya Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2008
    Posts
    20

    Default Re: Abbey taking charges from JSA deposits - Can they do this?

    Final post on this: I recieved my latest statement last week, and there are no charges on it.

    I'm not going to close the account or use it in any way though. I figure them sending out statements every 3 months will eventually end up costing them more than they took and eventually refunded.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE