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. #21
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    Default Re: Is the bank taking your Benefits ?

    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 donateicon: 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.

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  2. #22
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    Default Re: Is the bank taking your Benefits ?

    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


  3. #23
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    Default Re: Is the bank taking your Benefits ?

    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.


  4. #24
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    Default Re: Is the bank taking your Benefits ?

    That is the criminal offence of kidnap. You could have reported them to the police & then sued the butt off them.


  5. #25
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    Unhappy Re: Is the bank taking your Benefits ?

    Quote Originally Posted by JonCris View Post
    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 halifaxicon just about to send letter right of appropriationicon 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?


  6. #26
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    Default Re: Is the bank taking your Benefits ?

    Yes you can. send the SARicon with a £10 cheque/po and watch the fun.


  7. #27
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    Default Re: Is the bank taking your Benefits ?

    Here's a letter from the Govan Law Centre website. I just altered it and sent to my Bank for repayment of 2 arrestment fees from 2003 and 2004. The letter is based on Scots Law. However most of it relates to the social securities act. perhaps somebody with a bit more knowledge of English Law can change the Scottish Statute bits to English Statute. I changed the ending slightly to demand my arrestment bank charges, interest and £50 for compensation and expenses.

    The caselaw - Woods v Royal Bank of Scotlandicon

    In the case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499, a worker got compensation under the Workmen's Compensation Act 1906 (an early form of benefit) and paid it into a bank account. This case held that the benefit itself could not be assigned to another person. If benefit was plainly identified in a bank account, it should also have statutory protection from arrestment. The money did not change character because it was paid into an account.


    Dear Sir/Madam

    Unlawful bank charges following an arrestment of welfare benefits - request for refund for [YOUR NAME, SORT CODE, and ACCOUNT NUMBER]

    I write with respect to the application of the following charges to my account: [INSERT DETAILS of charges applied].

    I am of the view that your charges are irrecoverable in law. As you know the monies in my account derive from [tax credits, paid to my client by HM Inland Revenue, and/or child benefit paid by DWP, and/or child maintenance from the CSA, and/or social security benefits - income support, Jobseeker's Allowance, Incapacity Benefit, Disability Living Allowance, Attendance Allowance etc. - paid by DWP]. This is confirmed from my bank statements.

    Both the Scottish Law Commission and Scottish Executive concede that social security benefits are exempt from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Section 45 of the Tax Credits Act 2002 is an identical provision to the said section 187 of the 1992 Act.

    It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from arrestment. The case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for the proposition that where exempt monies are paid into a bank account, those monies remain exempt from arrestment insofar as such monies can be clearly identified within an account.

    Accordingly, you have erred in law in arresting exempt monies in my account. You cannot impose administrative or penalty charges for your legal error. I would therefore ask you to refund said charges of £xx my account within the next 7 days, failing which I will commence an action for payment and wrongful diligence without any further notice.

    Yours faithfully



    [SIGNATURE]



  8. #28
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    Default Re: Is the bank taking your Benefits ?

    cheers mate i'll give it a go and let you no how i get on


  9. #29
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    Default Re: Is the bank taking your Benefits ?

    I'm confused. Does "benefits are exempt from arrestment" mean that the banks are not allowed to simply deduct charges from my account if it's benefits which go into it? The use of the word arrestment confuses me. I thought that merely applied to wages and when all are arrested.

    Most of my money goes on payign for physical help (though this is periodic as my disability is intermittent in severity). However, I am dependent on a variety of natural therapies/treatments etc, which are quite costly, to save me from beign dependent on others most of the time.

    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.

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  10. #30
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    Default Re: Is the bank taking your Benefits ?

    "benefits are exempt from arrestment"
    It's the same ideas as a wages arrestment. If the money in your bank account comprises of Social Security Benefit, Housing Benefit, Child Maintenance, Incapacity Benefit, Jobseekers etc. These types of funds are exempt for arrestment. If an account with benefits is arrested you can visit the court explain the money in the account is exempt and have the arrestment lifted. It's a good idea not to have any other sort of funds in the account. Thus making it easy to identify the benefits.

    In my case there was a court order granted allowing wages arrestment. When they attempted to seize the account there was next to nothing there and the bank refused the arrestment and handed out a charge for adminicon. The charges were clearly illegal under s.187 of the Social Security Administration Act 1992 . I only discovered this last week when I started to examine my bank charges.

    On a plus side the Sheriff's Officers/Ballifs who attempted to seize my account folded under questioning and refunded the charges at the time and added some money for expenses. I believe they were in trouble because at the time they were aware I was on benefits. I didn't push the issue as I had received my money back.

    I don't know where you stand on charges from the normal day to day running of a bank account. You could try the Bank templates libraryicon about half way down the page: right of appropriationicon - Stop the bank from taking your money

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  11. #31
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    Default Re: Is the bank taking your Benefits ?

    A few months ago a direct debiticon was attemted to be taken but refused obviously because 1) we dont have an overdraft facility, 2) we werent even aware it was due to be taken so no funds were left to cover it(the company admitted they took it too early) the bank then refused it shoved a £38 charge on it then announce they were also shoving a £28 quid interest charge on top of that at the end of the month! We explained all of the above to them and the fact it is an account that only benefits go into and the benefits are mine not my partners whos account it is so what are they doing taking them in the 1st place! They said out of good will they would half the £38 fee then they removed the £28 interest fee from being taken.

    If from reading some of this thread could I get the rest of the £38 quid charge back which we were in the end charged £19 quid? Oh and it was Natwest!


  12. #32
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    Default Re: Is the bank taking your Benefits ?

    If the incoming funds are clearly identifiable as being benefit payments then they cannot be taken no matter who's account they are paid into. As remember the benefits can be identified as coming from the DWP so are clearly benefits.


  13. #33
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by JonCris View Post
    If the incoming funds are clearly identifiable as being benefit payments then they cannot be taken no matter who's account they are paid into. As remember the benefits can be identified as coming from the DWP so are clearly benefits.
    Yes they are identifiable as such they show on statements as dwpincap etc maybe a little different but you know they are all benefits. That account only has benefits going in. I was fumming at the time but thought at least they reduced the fee by half and removed the interest that was to go on but im still fumming that they can steal benefits from you for them making your account overdrawn with their charges when you dont even have an overdraft on the account. Wouldnt matter as much if they had paid whatever it was but they refused it then added on the charges and made the account go over. Any ideas how to go about getting these charges back?


  14. #34
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    Default Re: Is the bank taking your Benefits ?

    If your account doesn't have an overdraft facility or they have allowed you to go overdrawn simply to pay their fees that is unauthorised lending & is illegal as they can only lend to you by agreement with you


  15. #35
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    Default Re: Is the bank taking your Benefits ?

    Quote Originally Posted by JonCris View Post
    If your account doesn't have an overdraft facility or they have allowed you to go overdrawn simply to pay their fees that is unauthorised lending & is illegal as they can only lend to you by agreement with you
    JonCris, how come you know so much?

    Not complaining: NOWAY! I'm so very glad you do but what is your line o work that you know all these intricacies? I'm intrigued.

    You, who a come across as young in years are so much wiser than this old in years bird.

    I take it from your post that it is illegal for the banks to take charges from my account into which DLA and IS are paid. Of course, there are also, paid into such account, the odd gift from one of my kids/siblings/friend or a repayment for some small sum borrowed. Can the banks use the latter to "GET ME"?

    Oh dear, I have a second account into which I transfer money from my main account as this is easier for em to work my DDs and SOs etc. The benefits are not paid into this second account so can they then take charges from that one?

    They're such cheeky, sneaky, crafty. sleekit entities, thse banks. They'll be well up on how to take what they want.

    Wish I was smarter re finance.

    Thank you JonCris and all those others who help.

    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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  16. #36
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    Default Re: Is the bank taking your Benefits ?

    Notwithstanding that their charges are unlawful therefore recoverable any other monies that are not benefits which go into an account can be taken by the bank unless you send a 1st appropriations letter one of which you will find here


  17. #37
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    Default Re: Is the bank taking your Benefits ?

    I know its only 19 quid they took in the end but to someone on benefits its a lot to take out of a kids mouth. Any suggestions on what I could write in a letter to get that charge back? since their charge when they refused a DDicon took me overdrawn when we have no overdraft facility agreed and they didnt pay the DD in the end anyways!


  18. #38
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    Default Re: Is the bank taking your Benefits ?

    midnight send the letter that's on the forum cos even if it is only £19 it's still your money not theirs


  19. #39
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    Default Re: Is the bank taking your Benefits ?

    Sorry for seeming thick as well as blind but which one do I send, theres one above but its full of Scottish law quotes which does me no good in England.


  20. #40
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    Default Re: Is the bank taking your Benefits ?

    Its martins post 1 page 1 Also insert my post 21 page 2



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