Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #201
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by Perseus View Post
    Might be worth asking the bank to start an investigation.

    P
    I did, they said since the money was grabed back instantly by them then thats that. Apparently they only investigate if the DDicon goes through and is already out of the account, mine was just in the process and I noticed pretty quick 40 quid was missing cos I had put cash in the account for a wekend aways spending money so it was all worked out how much I had.

    I contacted the cops but they said the bank had to raise the matter with them too. Ive been told its a DCAicon yet cant find anything on them at all, Id love to know how they got all my details and if they are trying to collect fraudulently on a BR debt, im waiting on printouts from the bank of the companies details too, so I should know more when they come.

    Its bad when people can just add you account details and name to a DD mandate and grab cash out your account, thing is ive never given those account details to anyone, everything here is cross cut shredded before being binned.

    I will be getting another account tho as im not too impressed by Barclays attitude to attempted theft.


  2. #202
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    Default Re: Is the bank taking your Benefits ?

    Well surprise surprise - I just logged on and the Bank have taken all their charges out of 50.00 and taken my benefits in the process despite my letter.

    I immediately telephoned my branch and spoke to the Manager. I asked why my correspondence had been ignored and she said Head Office dealt with all that side of it. I demanded an immediate refund of my benefits back into my account quoting the Act. She said she would make enquiries and get back to me.

    She has just telephoned and said that if I go down to the branch they will give me my benefits over the counter. She said this will then put me overdrawn again but she will make sure I am not charged for this.

    I couldn't believe it!!! I was all geared up for a fight in the branch. I was even dreaming about it last night it stressed me out that much!!.

    Surprise - now you know whats happened with me it shows that Banks can be bullied into backing down - don't give up.

    A load of bundles of statements have just arrived in the post and I will be doing my letter to ask for all my charges back today.

    Many thanks to all of you for your help. Its much appreciated.


  3. #203
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by midnight1 View Post
    I did, they said since the money was grabed back instantly by them then thats that. Apparently they only investigate if the DDicon goes through and is already out of the account, mine was just in the process and I noticed pretty quick 40 quid was missing cos I had put cash in the account for a wekend aways spending money so it was all worked out how much I had.

    I contacted the cops but they said the bank had to raise the matter with them too. Ive been told its a DCAicon yet cant find anything on them at all, Id love to know how they got all my details and if they are trying to collect fraudulently on a BR debt, im waiting on printouts from the bank of the companies details too, so I should know more when they come.

    Its bad when people can just add you account details and name to a DD mandate and grab cash out your account, thing is ive never given those account details to anyone, everything here is cross cut shredded before being binned.

    I will be getting another account tho as im not too impressed by Barclays attitude to attempted theft.
    Under the direct debiticon guarantee - the bank branch are responsible for an immediate refund in this situation. Please see the link for full details Direct Debit - Your rights .


    Quote Originally Posted by purejayne View Post

    She has just telephoned and said that if I go down to the branch they will give me my benefits over the counter. She said this will then put me overdrawn again but she will make sure I am not charged for this.

    I couldn't believe it!!! I was all geared up for a fight in the branch. I was even dreaming about it last night it stressed me out that much!!.

    Surprise - now you know whats happened with me it shows that Banks can be bullied into backing down - don't give up.

    A load of bundles of statements have just arrived in the post and I will be doing my letter to ask for all my charges back today.

    Many thanks to all of you for your help. Its much appreciated.
    Just remember to use a spreadsheet that will include contractual interest on it!
    You've no doubt paid overdraft interest on those charges - claim 'em back!
    Good result tho re refund.

    All the best to both
    Perseus

    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.
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  4. #204

    Default Re: Is the bank taking your Benefits ?

    I'm so glad that you have been sorted out. I think Lloyds are one of the more difficult banks to deal with. I think the fact that they go to the wire with people claiming back their charges just goes to show how bloody minded they are. When I went to bed last night I had decided that I was going to follow up my letter to the MP and update him. Funny enough my Capital One statements came this morning and I now gearing up for them.
    Good luck.


  5. #205
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    Default Re: Is the bank taking your Benefits ?

    WOW!!! I wish I'd known this 2 years ago when the Y.B started to take all my income support in charges and STILL left me overdrawn with not enough money to buy gas and electric, never mind food.

    Martin, your a star.

    P.S Why do the DWP not tell you this when you have to go on benefits??:-?


  6. #206
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by Sparky 27 View Post
    WOW!!! I wish I'd known this 2 years ago when the Y.B started to take all my income support in charges and STILL left me overdrawn with not enough money to buy gas and electric, never mind food.

    Martin, your a star.

    P.S Why do the DWP not tell you this when you have to go on benefits??:-?

    Im sure you can still claim it back as long as its within the 6yr period and didnt go BR unlike me.


  7. #207

  8. #208
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    Default Re: Is the bank taking your Benefits ?

    Well it didn't work for me, I sent in the letter, got it date stamped by the staff etc and they still took charges when my tax credit went in.




  9. #209

    Default Re: Is the bank taking your Benefits ?

    MollieUK, you aren't doing it hard enough. Go back at them, either by letter or phone, and make sure the necessary authorities are copied in. The necessary authoroties (Department for Work and Pensions and the Department for Trade and Industry) will then be informed about their deliberate ignorance.

    Insist on your money back, plus interest / damages.

    Tide


  10. #210
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    Default Re: Is the bank taking your Benefits ?

    Hi

    Thanks for the reply. I even stated in the letter that if it was ignored that I would contact the Financiall Ombudsmanicon but they still ignored it, I didn't incur any further charges but it left me short nontheless.

    I will try what you suggest and let you know.

    Cheers


  11. #211

  12. #212
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    Default Re: Is the bank taking your Benefits ?

    Hi,
    I cant believe i've only just read this!!.
    I wonder if anyone can help with this query?,my sister is on disability benefits,and the only money that goes through her account is benefit money,she has reclaimed some charges from her account,but unfortunately she accepted the "goodwill gestureicon" from the bank,this was all before i found CAG!!(Bugger!!),because she signed the letter that said in "Full and finalicon settlement",is she now stuck with what they gave her?,obviously we had no idea that they shouldnt take her benefit money at the time,and the bank obviously took full advantage of our ignorance,so can we,inlight of the facts,persue the bank for the rest of these charges,or do we have to just put it down to experiance and get the buggers the next time they charge her???,thanks in advance to anyone who can help


  13. #213
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    Default Re: Is the bank taking your Benefits ?

    Hi Jadzia

    I would write to the bank (I am assuming you have the details requested under a SARicon request - if not, that should be done ASAP), and request immediate repayment of all charges (or balance there-of) along with contractual interest. Use the arguement that the Full and final settlement was agreed in ignorance of the information you have now been made aware of. Namely - the Social Security Act 1992 - section 187, which is and has been notified to banks, and agreed with Letters between Secretary of State and British Bankers Association chief executive regarding difficulties of people obtaining direct payments because of banking problems Letters between Secretary of State and British Bankers Association chief executive regarding difficulties of people obtaining direct payments because of banking problems : Department of Health - Publications and statistics
    This is a copy of the communication.
    http://www.consumeractiongroup.co.uk...tml#post399685 this contains a great template letter to send along /as your reclaim letter.

    Here's the act

    Social Security Administration Act 1992
    Miscellaneous
    Certain benefit to be inalienable **

    187- Subject to the provisions of this Act, every assignment of, or charge on-
    (a)benefit as defined in section 122 of the Contributions and Benefits Act;
    (b)any income-related benefit; or
    (c)child benefit,
    and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.


    Most definitely pursue the rest of the charges, with interest (contractual), and stand your ground.
    What they have done is unlawful in applying punitive charges in the first place. They have compounded this by illegally appropriating the benefits for that purpose.

    Go for it.

    All the best
    Perseus.
    If you need any help drafting the letter - just shout.
    I'm sure we'll all come up with something.!

    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.
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  14. #214
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    Unhappy Re: Is the bank taking your Benefits ?

    Hi guys, when I last wrote on this thread is was to let you all know the bank had finally agreed to settle my benefits claim case. We're about 3 weeks on now and still no money has arrived. As I suffer from mental illness, my husband has power of attorney now over my account - and he rang the complaints team at Bank of Scotland to query where my 1400+ refund was.

    They claim that I never returned the form, although they had received a lettericon from me instructing them to settle. They would not process the claim without the form, however on my individual thread in the halifaxicon/BOS I was advised there not to return their form, to write my own letter. This was because in their form it says I agree to Full and finalicon settlement on all of my accounts and at this point in time, one of my other accounts is in dispute so I'd be waving my rights away to that.

    The bank advisor told my husband that it was a goodwill gestureicon that they were refunding my money - so my husband said it wasn't goodwill, it was law and quoted the SSA 1992, that they had been taking money unlawfully from a disabled persons account and thats when things went downhill. The advisor got nasty, my husband asked to speak to a supervisor and she said someone would call him back and hung up.

    I was so close to receiving my settlement I could almost smell it - now it seems the banks dont care about those on benefits, those who are disabled and their staff don't either. I'm at a loss as to where to go from here. For the record, I'm agorophobic and can't go out - the last time I ventured into the bank, I was verbally abused, accused of not being disabled and ended up in tears and having a panic attack at which point they asked me to leave. I feel utterly discriminated against and have no idea where to go from here.

    L
    x


  15. #215
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by midnight1 View Post
    Im sure you can still claim it back as long as its within the 6yr period and didnt go BR unlike me.
    Quote Originally Posted by TideTurner View Post
    Midnight, the 6 year period begins from the date of discovery. You can go back as long as you like.

    Tide
    http://www.consumeractiongroup.co.uk...ond-6-yrs.html claiming back more than 6 yearsicon now! Definitely worth a read...


    Quote Originally Posted by wakenthedead View Post
    Hi guys, when I last wrote on this thread is was to let you all know the bank had finally agreed to settle my benefits claim case. We're about 3 weeks on now and still no money has arrived. As I suffer from mental illness, my husband has power of attorney now over my account - and he rang the complaints team at Bank of Scotland to query where my 1400+ refund was.

    They claim that I never returned the form, although they had received a lettericon from me instructing them to settle. They would not process the claim without the form, however on my individual thread in the halifaxicon/BOS I was advised there not to return their form, to write my own letter. This was because in their form it says I agree to Full and finalicon settlement on all of my accounts and at this point in time, one of my other accounts is in dispute so I'd be waving my rights away to that.

    The bank advisor told my husband that it was a goodwill gestureicon that they were refunding my money - so my husband said it wasn't goodwill, it was law and quoted the SSA 1992, that they had been taking money unlawfully from a disabled persons account and thats when things went downhill. The advisor got nasty, my husband asked to speak to a supervisor and she said someone would call him back and hung up.

    I was so close to receiving my settlement I could almost smell it - now it seems the banks dont care about those on benefits, those who are disabled and their staff don't either. I'm at a loss as to where to go from here. For the record, I'm agorophobic and can't go out - the last time I ventured into the bank, I was verbally abused, accused of not being disabled and ended up in tears and having a panic attack at which point they asked me to leave. I feel utterly discriminated against and have no idea where to go from here.

    L
    x
    Hi Waken.... I'm so sorry to hear the treatment you and your husband have been receiving. It's disgusting, discriminative, degrading and no doubt many others d's too.
    I agree with the advice you had re their form regarding full & final on all accounts. That's just a cheap shot to see if you're paying attention.
    As for the personal treatment you had when you last visited - my god - is there no morality left?
    I've just read your other thread v BOS - don't forget that the overdraft interest they've charged you is immediately reclaimable too (as a direct result of their breach of the SSA).
    Don't give up - we're here for you!
    I have posted on your other thread.

    All the best
    Perseus

    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.
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  16. #216
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    Default Re: Is the bank taking your Benefits ?

    Could we take out a private prosecution against these banks, after all it is theft of benefits.
    Thoughts anyone


  17. #217
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    Default Re: Is the bank taking your Benefits ?

    Hi Trevor,
    It would be an expensive exercise I think, and one that the OFT and TS would probably handle and resolve better than a private suit!

    Once you've submitted your complaint (after exhausting enquiries with your bank of course), the above authorities (along with Social Services, your local council office and Dept of Work and Pensions) will add the relevant pressure and weight to getting your problem resolved.
    Like always it will all take time, but a parachute accounticon, moving your benefits into that account and going hell for leather should get the job done.

    All the best
    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.
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  18. #218

    Default Re: Is the bank taking your Benefits ?

    I've posted earlier regarding my daughter's problems with her benefits. It absolutely beggars belief but today she's had a letter advising her of 30 charges for o/draft excess fee. They took 35.00 on 2nd April putting her into o/draft which they then took back on 5th April from benefits despite being asked not to. In the meantime I have sent all papers to her MP and I have now sent papers to fosicon and also to Penny Berryman,Data Protection Dept. The charges relate to a direct debiticon of 40.00 to Lloyds credit card, charged her 35.00 for returning direct debit, Lloyds credit card charged her 12.00 for the return and now she has another 30.00 for excess o/d fee. thats a total of 72.00 for a 40.00 d/d to their own company. I have sent a very strong letter to Penny Berryman. Just off to post them all so that I can calm down.


  19. #219
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    Default Re: Is the bank taking your Benefits ?

    May I suggest getting an N1 form from your local county courticon when you're out....You may need it soon!
    It appears that these incompetents only listen when they are threatened with legal action.

    Good luck Surprise
    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.
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  20. #220
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    Default Re: Is the bank taking your Benefits ?

    I may be a bit silly on the way my thoughts go, but I am sure that by law the Banks have no right to touch any earnings related benefit,
    The point I am making is that if any private individual took something that they had no right too, would not the police be interested and take action?
    Could the police be informed of this missing moneies and if they can't do anything, why not.
    Any answers anyone

    If You are on benefits you must read this

    Social Security Administration Act 1992
    Miscellaneous
    Certain benefit to be inalienable **

    187- Subject to the provisions of this Act, every assignment of, or charge on-
    (a)benefit as defined in section 122 of the Contributions and Benefits Act;
    (b)any income-related benefit; or
    (c)child benefit,
    and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors
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