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:
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  1. #1
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    dduk022 Novitiate

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    Default Couple of questions

    Hi all

    I intend to reclaim bank charges on behalf of my mum, who banks with Natwesticon, but I just have a couple of questions before i begin. Hope someone can help me out.

    1. Would I be able to deal with the bank on her behalf? She'd rather not do it heself as she's unsure what to do and is happy for me to take it on, but would the banks allow that? If so, what would I need to do to get this approved?

    2. I read somewhere that banks are not allowed to take bank charges from any benefits paid into an account. As my mum only has the account for her benefits to be paid into, they're doing just this. They've been charging her £28 almost every month for a year or more. Of course, this means that once the charge is taken by the bank, she's £28 down on her benefit and as she can't afford not to spend it, is left with these charges every month and an overdrafticon which is increasing rapidly.

    I can't find the thread anywhere now, but I remember it only mentioned the fact that benefits can't be taken by the bank, with no other details. Does anyone have anymore info on this?

    I'd appreciate any help anyone can give.

    Many thanks in advance

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  2. #2
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    Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK's Avatar

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    Default Re: Couple of questions

    Hi there
    and yes you can act on behalf of your mother, im not sure of all the details but if you search for power of attorneyicon that should turn somehting up.

    re the benifits you need to search for 'rights of appropriationicon' there is a letter in the templates libraryicon for this but i dont know much about it other than you can prevent the bank from taking charges from your account if you hard up i think.

    HTH

    glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  3. #3
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    fendyweather Informative fendyweather Informative fendyweather's Avatar

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    Default Re: Couple of questions

    Other way round it is, can you do all the work for your mum, but do the letters in her name and get her to sign, and file the claim in her name for court, etc. but do all the paperwork for her etc., because it wont get to court, it never does. You have to be prepared for it just in case, but if you read every thread on here, the banks/legal teams have all folded before the hearing, so could you not do that. Do everything in her name, get her to sign everything you produce for her letter wise, but you do everything. ?????


  4. #4
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    dduk022 Novitiate

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    Default Re: Couple of questions

    Thanks for the replies. I'm aware that most cases don't make it as far as court, and the only reason I'd want permission to act on her behalf is in case there was any need to speak to the bank at any time (e.g. to sort settlement over the phone). She'd crumble if she had to do that!


  5. #5
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    Default Re: Couple of questions

    As rightly suggested above, your mother can issue a power of attorneyicon giving you power to act for and on her behalf regarding specific or all her banking matters.

    You can normally pick up templates in WHSmiths or the like (similar to those DIY willsicon and Testaments etc).

    Once you have that let the bank know and they'll either need the original or a certified (or poss notarised) copy and then you can do all the work!

    Think the other option of you preparing everything and her signing might be the easiest route though!

    Laura


  6. #6
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    Default Re: Couple of questions

    To be honest, speaking to the bank is largely your choice. You shouldnt have to. Its all done by letter, unless of course you want to ring them to chase them up. But Ive found it never got me anywhere by ringing them. they respond better to paper and type or writing. they dont seem to like phone and e mail. Only my experience, perhaps others have found differently. Fendy xx


  7. #7
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    Default Re: Couple of questions

    The other advantage of putting everything in writing is if it ever gets to court (which everyone should assume even though it's never happened) you've got good evidence of your actions.

    If in doubt read the FAQs

    If still in doubt - ask!

  8. #8
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    Default Re: Couple of questions

    Exactly. Thats just what I was thinking to the letter. Ive tried the talking and it didnt work. Ive tried e mailing them and that didnt work. theyve only ever responded to me when Ive written letters sent recorded.


  9. #9
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    Default Re: Couple of questions

    Ah OK. I'm just going by my experience with Barclaysicon, who have been pretty good this week when I called them to discuss settlemen. they seemed more than happy to talk.

    Thanks for all the advice - I think I'll just get her to sign the letters and see how we go.

    Thanks again x


  10. #10
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    Default Re: Couple of questions

    Thats true, if you find suddenly somewhere along the way, you feel the need for a phone callicon, then you can always do the power of attorneyicon thing at that point. At least this way you can get your claim under way to be making a start and not delaying any more. Gets the ball rolling at least.

    Good Luck. xxxxxx



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