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My bank says they have the right to take my job seekers allowance


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I have just had a £38 charge for returned DD which has been taken from my job seekers allowance, income based. I asked the bank to return it under the ‘right of appropriation

 

They phoned back after speaking with head office and said … 'if it was a child benefit or child tax credit payment they would return it, but because it is job seekers allowance and for an adult that they have every right to take it'. I mentioned the social security administration 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

©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

But she insisted that they can take JSA. She asked me to post a copy of this and would get back to me. After reading lots of posts about banks taking benefits, I thought all benefits were covered and not just child related benefits?

Can anyone clarify this for me please? many thanks.

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If the bank is taking your JSA get in touch with the benefit office. They will organise for you to be paid by cheque that can be cashed at the post office.

 

The money you get on JSA is the amount the government deems satisfactory for you to buy your living essentials. If the bank are taking that and you have no money to buy food etc., then they should be taken to task.

 

Get in touch with your benefits office and maybe an email to your local MP. The sooner the banks start to recognise that people need to eat the better.

 

Hope this helps

Good luck

Gemspan

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No offence taken!-sorry if I came across that way! :) I’m not sure about calling back, I called my branch and think I did speak to the person most likely to help…and she wasn’t very helpful-she seemed delighted to inform me that they could take my benefit! :eek: She went on to say I should put my complaint writing..

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Thanks Gemspan, I will contact benefits office on Monday, and local MP. I must admit I was upset at my banks response, I only get £57 JSA each week so losing £38 of it is quite shocking!

I don’t understand why they say they are allowed to take charges from JSA but not child related benefits? I do have a child and he will be affected by the loss of income too, I mentioned this to her but she said the JSA was my money-so they could take it!

many thanks for your replies.:)

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thanks bottomburp! I read the link you posted above, it will help me to put a letter together, and thankyou for your offer of help-much appreciated :)

I had hoped my bank would refund the charge immediately-wishful thinking!- I was too upset to call them back.. worrying about how to get through the coming week.. I hope they will refund when they receive my letter.

best wishes to you, and thanks for your replies x

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Hi Stitch05

 

This is absolutely appalling behaviour by the bank. Lets face it, you get a pittance from the government and then they want to take £38 of it for an unlawful charge.

 

I really sympathise with you. Definitely get in touch with the benefits office and let them know which branch it is etc., It beggars belief at the way banks are treating their customers. It is the most needy that are being targetted by these charges.

 

Take things a step at a time. Another good thing to do would be to see if you can get an emergency loan from the benefits office because of this. Give them the reasons why you dont have the money they gave you ie unlawful charges. All these things are ammunition in your fight against the bank when you claim the charges back. Maybe when the government has to start paying out emergency loans to compensate for the banks' behaviour they will take more notice of the plight of people who are already living below the poverty line!!!!

 

In the meantime, if you have any past bank statements at home, get them out and add up the charges to date. Then send off an initial letter asking for payment; wait 14 days then send off an LBA (you will find these in the library!!!). After the 14 days is up you can take them to court. You will not have to pay for this because you are on JSA. I read that you don't have to send it recorded delivery as long as you get a proof of posting from the post office the courts will deem that to have been delivered within 2 days. That will save you some money; just send it 1st class and get proof of posting.

 

I hope this helps. It doesnt change things immediately though so get to the benefits office on Monday and ask for an emergency loan to see you through until your next payment date and make sure you get that paid by giro cheque so that you can cash it yourself and keep what little money it is to survive.

 

Best wishes

Gemspan

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Gemspan thank-you so much for your words of support, I felt quite distraught today when I checked my balance. I was saddened by my banks attitude, I felt like a beggar having to explain my desperate need for this money, (its hard enough having to go and sign on for it in the first place) and after listening carefully she callously told me ‘we can take your JSA, so we have’ even though I told her I have a child to support. I don’t know what shocked me more, the charge or their attitude! (Incidentally my bank is RBS)

I have read other post about banks taking benefits and you are right, it is appalling, the benefits paid are the basic amount the government says a person gets to live on-so banks are definitely putting people under the poverty line, and that includes children.

I have had charges before, but only recently found out that I could reclaim them. I am reading and reading lots of posts in order to be confident of what I am doing, and many thanks to the people who work on this site and take the time to give advice and support!:)

I will ask the benefits office for a crisis loan, that’s a great idea, I hadn’t thought of that. That will take care of things immediately, and gives me some breathing space to pursue the bank. Now I can sleep tonight!:)

Best wishes to you x

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Hi Stitch

 

I've been thinking about you and thought you could try the following with your bank while you are doing all the other things the great people on this site have advised you to do.

 

Call the bank and as soon as you get through to somebody advise them that you are taping the conversation for your records. Advise them again of your situation and what the bank's previous response was. Then ask them directly "So, am I right in saying that RBS is quite happy to take £38 of the £57 that I receive per week for living expenses in unlawful (not illegal!) charges - even although this has meant that I and my child have gone without food and heat in the middle of winter? If they say "yes" then thank them for the information and advise them that you will be using the tape as evidence in any court action you may take against them.

 

Its worth a try. You just might scare them into refunding the charges. Then set about sending the letter to claim back charges you have incurred from the statements you have. Remember to get proof of posting.

 

Good luck. If its any consolation I have been in your shoes. Last Christmas was a terrible time for me - no food, phone etc., and I have almost £8000 in outstanding charges with BOS. I've learned to be tough although sometimes it is difficult but with the help of this site I have become a lot more knowledgeable on exactly where I stand in law.

 

Please let us know what happens.

 

Kind regards

Gemspan

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Thanks again bottomburp-great name by the way!! My bank is RBS; I do have some other charges to claim back, so looking forward to getting some of my money back.

I am kind of snowed in at the moment- so I hope to get out tomorrow and post my letter as my local branch is quite far, that’s a good idea about proof of postage.

I get paid fortnightly, so the next payment is not due till week after next. I will also send a letter of appropriation to cover each fortnights payments, as she did say they wouldn’t take charges out of child tax credits or child benefit so I only need to protect the JSA payments...if that makes sense! x

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Hi Gemspan,

Loving your suggestions! I think I will give this a go…it would be worth letting them know I am not happy to accept what they have said to me (ok…secretly hoping if I talk to the same person she squirms a bit !!):D

I am sorry you have been through a tough time too, Christmas is the worst time though...but it happens so quickly…one or two charges and everything just goes belly up. I see you have started MCOL against BOS, lots of luck and best wishes on your claim, hope it is settled soon.

I know what you mean about this site, I am a bit of a newbie here, but soaking in information like a sponge!!

I probably would have just sat sobbing… and starving, if this had happened a few weeks ago…now I’m feeling all empowered!! thankyou x

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I think it absolutely awful the way you've been treated. I was unemployed last year and every single penny of it went into feeding HBoS's charges. £56 went in each week, and roughly £300 went out each month on charges. I got it back with interest recently, and I'm about the start on my RBoS credit card. I will take as much pleasure getting my money back from them as I did HBoS, Nationwide and MBNA.

 

Good luck - I know how it feels and wish you all the best.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Hi Stitch

 

So far BOS havent acknowledged any of my letters nor have they acknowledged the court claim. They have until Monday to defend the action. I will be hitting the button first thing on Tuesday morning to apply for judgment against them if they dont defend.

 

It will be good to think that the baillifs will be going in to their offices in Halifax and giving them a taste of what they have given me over the last 2 years.

 

Keep the faith!!!!

 

Annie

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Hi there,

My claim is against A&L but,had a similar situation to yours with the bank swallowing my benefits (DLA and child benefit) until I came across this site.

 

Following a very stressful conversation with the bank after being left with nil,I called the benefits agency and they arranged payment by giro until I sorted another account.So do everything Gemspan has advised. I opened a basic account 4 weeks ago with Nationwide and my benefit now goes there whilst I deal with my claim.

 

My bank have been doing this for the last 3 years (when I first got sick-heart problems) and I thought it was allowed seeing as it was my overdraft.

I have followed the advice from some very helpful people on this site and if you do the same,you will get through.Each time I encounter a problem, I put it on here and the help is fantastic.

 

All the best

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Thank you everyone for your kind thoughts and words of support, it is very much appreciated. :)

Bathgatebuyer I cant believe how much you had to pay in charges-that is shocking, it must have been awful. I am so glad you got it all back, especially with interest too, that must have felt great! Thanks for your good luck wishes and my best to you on your claims with Rbos credit card.

Annie, I have visions of the bailiffs going round to Halifax, whipping their stationary and chairs! I’m sure I read somewhere that this did happen to a bank I think….sorry don’t know where the thread is or I would post it (once I work out how to do that of course!! ) I don’t know why they string things out; they should just cough up and save us the hassle! Best wishes on your claim, my thoughts are with you.

Angel49, I know what you mean about stressful conversations with the bank. They waffle on about what they are entitled to do but we are left thinking.. how I am going to survive/pay a bill... and the repercussions which inevitably occur. I will definitely be speaking to the benefits agency when they open on Monday, I did think about opening a basic account, I have an overdraft too-a big fat student one! I must admit I am worried the bank might close my account-I have been with them for over 20yrs but I don’t expect that counts for anything!! Sorry to hear about your heart problems…that just make what they have done so much worse, to take from someone who is ill, it’s appalling. Sincerest best wishes to you and thank you for your support.

BB thank you for posting all those links, that’s kind of you. Wow the third one is a whopper! I have all my statements, so looking at spreadsheets to work it out. I haven’t used one before so I hope I can get my non-numerical head around it!

I agree about what you said about the banks hitting the most vulnerable. Having to plead for your small living allowance back, and being refused, can’t do them any favours. I will include all the benefit payments in the letter of appropriation, thank you that is a good point, best to cover everything. And good idea about getting the payments weekly, when the money comes in it seems so much more than it actually is.Making it stretch a fortnight is impossible, and extra difficult when week two is the week I don’t get tax credits or child benefit either-and wouldn’t you know it, that happens to be next week!

I do remember the days of no internet…we all suffered individually-its amazing what crowd power can achieve!

I did have a thought, if my bank says it won’t take charges from child tax credits or child benefit-does that include people not on benefits too? So if you happen to have a charge taken when one of these benefits is paid- it should automatically be refunded?

Also, the more I read about the banks behaviour toward people on benefits, the more I think perhaps the DWP should step in firmly and speak up on behalf of their customers. After all direct payments were set up supposedly for the benefit of both sides?

If it hadn’t been for this site I would have just accepted the charge and that’s not right is it?-what about all the poor souls who don’t know about it? I don’t think we should have to fight banks for the basic amount needed to live. (Oh dear think this empowerment thing is going to my head!!-time for a cup of tea!-I’m starting to scare myself!!)

Thanks to you all!

Ella x

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Gemspan- just read post 1 and thought NatWest? then saw it was RBS. The member of staff was wrong and should have spoken to their lending department which would have not had the same answer.

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Also stitch in addition to al lthe good advice you ahve been given above - make opening a new account a priority so you can get you benefits paid in. If you have an outstanding overdraft with RBS then just treat it as another debt and pay what you can off the balance until you have reclaimed your charges.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi gizmo111,

Thank you, I will get that organized too, I am looking around for suitable accounts-it will be odd to be in the ‘black’ as it were, after years of being in overdraft! I am hoping my claim for charges over the last six years will make an impact on the amount of overdraft I owe; it would be great to shift some the burden of it.

Is that a light at the end of the tunnel…?:)

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