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.
*whispers so no goverment bods hear this*
Does anyone know if reclaiming bank charges can have an affect on your benefits? Im sure it wouldnt affect working/child tax credits, as this is money earned by you already, which was unlawfully taken. However I remember claiming HB and CTB a few years back, and you are required to provide bank statements, and declare all income, wherever the source. Income support/JSA is another one... Could this be a problem? Has anyone had any problems when claiming these beneifts, and the bank charge refund showing up on their statements??
Im very curious to know....
Very glad you are asking this question since I'm on H/B. Gonna have to do some reading because i intend to save the money i win in a high interest saving account for a short period and need to know what the savings freshold is before it affects your benefit. I'm not sure but i could argue that this is not income as such because the charges in most cases were taken from my benefit therefor it isn't an extra income i'm only getting back whats been taken from me. In a way, its almost like saying we can't give u benefit because you have taken out a loan even though you will have to pay this money!
Will try to find a site that gives simple answers to these questions unless someone else answers.
I know - it seems simple to me, its money you have already had, and have claimed it back, just like getting a refund from a shop ! But I remember avidly what these people were like! Not the brightest buttons in the box... having to tell people how to do there job is just unbelieveable!
I think the savings thing was around £8000 max, but i seem to remember reading something to say it was £3000 when it started to affect the claim. However if your claim was more than this, I would argue that this money is a refund, its not savings. You could possibly get it in an account for your child, or seperate it between family memebers etc! I would get my mum to hold it in an account for me, if i was in that situation!
Income from such claims should not be taken into account as income or savings, since it is money that you have lost that you are legally due. Of course, you would need to speak to someone who knows about this to confirm this.
Thanks. having though some more, i thinks I'd have a prob if i decided to save it because at that point, i would start earning interest on the account and therefore it could be seen as income from that point onwards.
I can just see the battle ahead as I've found them to be the most incompetent people ever. I'm still fighting an overpayment from 2003 which they have been deducting from my H/B and as it turns out, they may have actually underpaid me. Thanks to this site I've now learnt to questions all sorts of financial authorities.
Child Tax credits/Child Benefit are not means tested - therefore any refund made would not affect these benefits.
Housing Benefit and Council Tax benefits ARE means tested.
The threshold for impact is any amount is £6000.
Any savings (or accumulation of savings amounts) exceeding this threshold - means a pro-rata reduction in how the benefit amounts are calculated.
£1 must be added to your available weekly income for each additional £250 or part thereof in excess of £6000.
If you have over £16000 in savings, unless in certain exceptional circumstances, you will not be entitled to any assistance.
Hope this helps.
Perseus
If my advice has helped, please click on my scales. Thank you!
MBNA - CRA file to be cleared then finished!
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Abbey Personal - Final LBA 28/5/7 - then Court
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Capital One - Final LBA 28/5/7 - then Court
_________________________ _________________
GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.
Waiting for GMAC to provide breakdown of charges and CCA under s79
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Alliance & Leicester - Final LBA 28/5/7 - then Court.
Bank refunds are NOT income. It is money that you have already declared (i.e. received £100 benefit, bank took £35 or earned £100 income after tax and bank took £35).
Any interest you receive back IS counted as income so needs to be declared (i.e. £100 charges + £20 interest. Income is £20).
Any compensation you receive as a result of a claim is also NOT income (i.e. you might receive £500 because they defaulted you by mistake). If you claim any benefit just let them know it is this and not income. They cannot do anything because the Inland Revenue have a special code for compensation payments so it is not counted as income.
Remember, it is the Inland Revenue who decide what is income and what is not, not any benefit payers. They have to accept the government rules as applied through the IR. If the IR don't call it income, nobody else can.
I had the same problem with council tax a few years ago and they asked where i got a large sum of money from (endowment compensation). I showed them the letter from the endowment company which stated they have told the Inland Revenue about this payment and i don't need to declare it as income. Then they asked what i did with it. I told them its not your place to ask. Bank charges fall into the same category.
Thanks for that tifo - didn't know that.
Makes my OH's case very interesting, as potential for a £7k claim, we were panicing about the £6k threshold for savings.
Thank you!
If my advice has helped, please click on my scales. Thank you!
MBNA - CRA file to be cleared then finished!
_________________________ _________________
Abbey Personal - Final LBA 28/5/7 - then Court
_________________________ _________________
Capital One - Final LBA 28/5/7 - then Court
_________________________ _________________
GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.
Waiting for GMAC to provide breakdown of charges and CCA under s79
_________________________ _________________
Alliance & Leicester - Final LBA 28/5/7 - then Court.
Savings, of course, is also income which you have declared but have not spent. In a way, the benefit people could twist this around and say refunds are savings. They'll try anything to get themselves to pay you less.
I don't know how the bank refund affects savings so please check up or maybe someone may come along and offer something. I personally haven't come across this problem as my claims are under £1k each.
I suppose if you receive the money then move it somewhere else then you haven't saved it. Maybe you have creditors or family you have to pay back etc.
Looks like at lot of people will be making donations to charities/family members on receipt of large settlements then
P
If my advice has helped, please click on my scales. Thank you!
MBNA - CRA file to be cleared then finished!
_________________________ _________________
Abbey Personal - Final LBA 28/5/7 - then Court
_________________________ _________________
Capital One - Final LBA 28/5/7 - then Court
_________________________ _________________
GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.
Waiting for GMAC to provide breakdown of charges and CCA under s79
_________________________ _________________
Alliance & Leicester - Final LBA 28/5/7 - then Court.
Hi I am on Income support and have recently been affect by bank charges of £28 for me going over my limit of like £2.00 , these charges are coming of my benefit , I also have an overdraft would that affect me in getting my charges back.
It kinda depends on the bank. Which bank are you with?
If its just one charge then call the bank customer services and tell them that you are on benefits and that you would like the charge refunded. If they refuse (which they usually will) say that you want to make an official complaint. They will usually then agree to refund the charge rather than log a complaint.
Bank Charges Affecting Benefits?
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Originally Posted by what_todo
