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    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
    • i have clarified your thread title and your post to make it easier to understand. if you have their engineers report, thats good enough. it will be their decision to repair, refund or replace. but they must under CRA do one of the above. to date how have you been in contacting the manu?  
    • Thank you both, I will make those changes. I have also downloaded the compensation list to add to the evidence and complete the protection bit off their website.  I am going to court next Thursday to deliver the bundle; I will confirm this on Tuesday. I have been to court a few times to represent the military when a soldier is in court, but I will be going. Thank you for all the additional advice. Once I have the whole bundle, I will email it to the admin email. Ill be honest, this is not about the money for me, I do not mind losing that, so I will not be signing a confidentiality agreement.   You guys are amazing
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Is the bank taking your Benefits ?


MARTIN3030
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There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money.

Here is a template letter to take or send to the bank to address this.

It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue.

A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment.

 

 

 

 

RIGHT OF APPROPRIATION

 

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

[signature]

 

[print name)

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Likewise a good reference from you.

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I would expect this to apply to that too yes.

Its not specifically for benefits.....the nature of the letter is to let the bank know that you need the money for essentials......this would be regardless of where the money is from.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin

 

Would you read it that it can be any source of income not only benefits ??

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Whoops, crossed in the post

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 2 weeks later...

Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

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Guest HUSBANDKHAN

you are champion. had a problem this week with 2 * £30 being deducted because 2 debit card trans for £4.59 and £3.49 debited on diffrent dates and went overdrawn and over the buffer of £5.00.

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Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info

 

The only words they understand is those with a legal slant to them

There is no reason why it should not work and has indeed worked for many.

The fact that you have brought this to their attention and informed them as such has an effect.Though I suspect there will be an assesment made as to whether allowing you to have access to your money is preventing hardship

if by taking your money this leaves you vulnerable to your ability to function or causes hardship in your household I think there is a case to allow it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I belive that when the banks take bennifits. that the dwp can take back off the back.

as when i had problems and asked the dwp to not make any payments too the bank

I was aske if they had grabed any and if i wanted them to swipe it back.

 

edited......please we cant use these words !!!

 

and what ones are they ?

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It appears so.

To be honest I was not aware of this until now but my enquires reveal that DWP can indeed have some influence there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest Battleaxe

My pension got paid into the bank account we are having problems with, i sent the Letter of Appropriation to the bank,recorded delivery (letter in templates library)they rang me on receipt of the letter to discuss this. Got the pension intact, the bank did not like it, but it worked. I rang DWP and explained what was going on and arranged for my pension to go into my parachute account. DWP said they could help if I wanted the pension still to be paid into the account in dispute, but think having it paid into a different account is better for me.

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Good to hear you have got things sorted....:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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A superb post Martin.

DWP can influence a little if you speak to them.

Also, for benefits, set up a post office account immediately so this source of income is protected if your money is constantly being taken.

This account can be opened upon request in any benefits office/jobcentre.

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Not really a good idea as its likely that there will be 2 of them in the room with you......they tend to do this as intimidation and know that you wont feel comfortable.

Best keeping things to the written letter,that way you avoid the confrontation but still get the result.

Dont forget a letter of appropriation needs to be sent for every payment you want protecting.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...
  • 2 weeks later...

Hmmm, does this mean that the two charges the bank intend taking from my account in December and January can be av oided. Most awkward months when the charges are for money I lodged in the wrong account for £2 DDs to charities.

 

If I'd had £35 x 2 to spare. I'd have given it to the charities, wouldn't I?

 

I know £2 per month is mean but I give so to a number of charities and it really is all I can donate: a wee bit more than I think I can afford 'cause I reckon we always think we need more than we actually do.

 

Can I phone DSS or wahtever they're called these days and get them to intervene?

 

It will be coming off DLA and IS payments.

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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Years ago i overdrew on my hsbc accounts. It really got their nerves and i had a meeting with their area manager. What i did not know is that the bank manager and his assistants would turn up. anyway when leaving i told the assistant"hes got a weed on"(area manager) and they closed the door on me and would not let me out of the office until i expalined what a weed on meant As they though it was an insult.

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Suggest you send the letter with the regulations inserted teeling they can't touch your money & demanding they refund any they have already taken in such circumstances

 

 

Hi am with the halifax just about to send letter right of appropriation and added social security act clause 187 to it, just wonderin if i can claim all previous bank charges against my account that have been taken from my workin family tax and child benefit what would you say in the letter to try and get them back?

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