Hi

I have recently read that the banks cannot take charges from benefits. Does anyone know which benefits tese are, what I do if I have had charges taken from benefits and if anyone has successfully claimed using this argument?

please help

vicky66

Hi Vicky and welcome to the forum. There is lots of help on this subject available but just for starters, while I have a look for some more info for you, have a look at this post by Jailbird on another thread this morning.

Found this on MSE........may be helpful

Q: What else can I do if I am living on benefits?

A: If you rely on benefits for your main income, such as Income Support or Job Seekers Allowance, there is still possibly a way you can claim; though it relies on a slightly different law. All past claims have been based on contract laws but there is another law called the Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.

If you are in this situation, contact your bank to tell them that you are living on benefits and it should process your compliant. If it still does not help, contact the Financial Ombudsman, but make sure you tell it that you are receiving benefits and your case will be dealt with.

Chris

Also this one Right of Appropriation - Stop the bank from taking your money

Still looking for more!

Thanks for the info so far, I dont know how to go about tackling the bank to reclaim charges which they have taken from my benefit (working families tax credit/ child tax credit) as I dont want to get it wrong! I think it that the claim is not covered by the waiver but I am not sure

thanks

vicky66

I think you are right about a claim involving benefits not being affected so just start you claim as normal. I will post a link for you now. You will probably be exempt from court filing fees and will have to claim using the n1 form direct with the court.

Have a read of the newcomers thread ( i will post it for you in a second) and it will guide you step by step. Just come back and ask any questions you have along the way!

Click Here For The New Version

This is the newcomers guide!

I have already put in a claim before the waiver using the usual letter templates. Now the waiver is in place is the fact that i have already put in a claim going to affect my claim for them taking monies from my benefit I am worried that I have messed this up! Also can I add in chrges that I havs incurred since I sent my original letter? Sorry if i am being a pain.

vicky66

Sorry Vicky I am a bit confused here!You have a claim in progress and you want to start another claim against them for taking charges from you benefits? Is that about it?

Try this thread too

http://www.consumeractiongroup.co.uk/forum/general/81540-affect-charges-refunds-benefit.html

pete

I have a claim which is on hold because of the waiver, however the charges that I have claimed have been taken from the account my benefits are paid into. therefore I was just trying to find out if I could continue with the original claim because of the fact that I am on benefits, without waiting for the oft case to go through the courts. sorry if it sounds confusing, thats probably because I am confused too.

vicky66

thanks to everyone that is trying to help me

vicky

So yor case has been stayed pending outcome of the test case?

Have you received confirmation in writing from the court?

No I have not. After much stalling by HSBC I was just getting to the stage of starting court proceedings when the waiver and court case was announced. I have since spoken to my bank who said that my file was now on hold until the case has been heard. I have not heard formally from the bank in writing that this is the case although they said I would be sent a letter to confirm this. I then read that about the fact that they couldnt take money from benefits and so therefore was trying to find out if I could continue to claim the money by a differant means. But I want to be clear that I can do this as the banks dont need much of an excuse to say that the way I have gone about things are wrong!

I think to be fair that I have probably done this all wrong from the start! I should have come on here first and read up on what to do instead of listening to friends who advised me because I didnt in my original claim include all charges that I should so therefore having added them up again they now are more than I originally claimed! So I think that I have completely messed this up and I dont really know what to do anymore. I just need some guidance and confirmation of the benefits issue. You probably think I am a real pain but need your help and you seem to know what you are talking about.

vicky:confused:

I have got my statements, sent my claim letter using friends advice. THEN joined the forums and have found out that I have not claimed all that I could (didnt include total charges) have realised that I have asked HSBC for less than I could have. They have my letter with total I have claimed and I dont know if I can or should send an ammended one with a higher amount on it. I am also on income assessed benefits and have also found out on here that it is unlawful for them to take money from benefit. So I now have a differant tack to approach them with but dont know if I can as I have already sent them a letter claiming the money. I think I may have messed up BIGTIME and would like anyones help with where I should go from here.

cheers

Ok can you list in order your actions so far please.

If you have filed the claim at court already you can amend the claim, this will cost £35 which you can not reclaim. You would need to use the N244 which is in the template library.

We can advise further when you list your actions.

Ps. I have merged your threads please stick to this thread.

Hi,

I contacted Hsbc asking them for statements. I then sent them a letter reclaiming charges. They then wrote to me asking for a detailed breakdown of charges claimed. I did this and rang them after the waiver announcement and was told my claim is logged with them but will not be dealt with until after the big court case. I have since read these forums and have realised that I have not claimed all that I should have ( I didnt include total charges) and dont know if I can now amend the amount with HSBC. I have also read that if you are on income assessed benefits that the banks cannot take charges from them. The sole money going into the account since July 05 hasbeen from benefits. I dont know if I can now change tack and claim the same money back using a differant reason. hope this explains where I am at now.

thanks for replying

vicky