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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Affect of charges refunds on benefit claims.


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Thanks

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I understand and feel for you, my issue is with the way the country is run as a whole from the top down.

It always seems if you have any chance of making a break from getting off benefits there is always a clause that takes something off you.

"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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JM- have you applied for help from the prescription charges people in Newcastle (HC1 form, I think).

 

And no matter what you should be entitled the CTB due to low income.

 

My biggest bugbear is that people don't know about these benefits and just think, because they aren't on IS or JSA, they are no loger entitled to help.

 

Try your local council welfare rights officer- a godsend.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Hi folks.

 

I've just started browsing the site, as I feel I am being ripped off by HSBC, and this is my first post (although I have contributed to the Debt Collectors site).

 

I picked up alibobsy's comment "legislation is in place to protect my benefits payments".

 

My wife and I are old age pensioners and live on some £240 per week out of which we must pay mortgage and utilities. No capital. We recently exceeded our £1000 overdraft, explained our prevailing situation to HSBC who paid the cheques drawn but charged £110 "arrangement fees" without a word of explanation or breakdown. That, clearly, came out of one week's benefits payments.

 

Could you expand on the 'legislation' you refer to alibobsy? Is it relevant to the above?

 

Also can anyone guide me to an explanation of the acronyms used on the site, e.g. SDA, DLA, LT, Incap, FIL, MIL, DLA, IIDB etc.?

 

Again, to avoid crashing into anyone else's theme, could someone tell me how to start a new thread?

 

I have a feeling this is going to be a long haul, but despite my age I am quite compus mentis, but regrettably not very computer literate. Sorry.

 

Vandermerwe

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Hello Vandermerwe

 

Please read Right of Appropriation - Stop the bank from taking your money

 

I hope this helps. :D

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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I picked up alibobsy's comment "legislation is in place to protect my benefits payments".

 

My wife and I are old age pensioners and live on some £240 per week out of which we must pay mortgage and utilities. No capital. We recently exceeded our £1000 overdraft, explained our prevailing situation to HSBC who paid the cheques drawn but charged £110 "arrangement fees" without a word of explanation or breakdown. That, clearly, came out of one week's benefits payments.

 

Could you expand on the 'legislation' you refer to alibobsy? Is it relevant to the above?

 

Also can anyone guide me to an explanation of the acronyms used on the site, e.g. SDA, DLA, LT, Incap, FIL, MIL, DLA, IIDB etc.?

 

Again, to avoid crashing into anyone else's theme, could someone tell me how to start a new thread?

 

I have a feeling this is going to be a long haul, but despite my age I am quite compus mentis, but regrettably not very computer literate. Sorry.

 

Vandermerwe

 

As DeeDee said have a look on that thread, the legislation means they can't take benefits to cover bank charges or at least they aren't supposed to. Unfortunately I suspect this refers to income based benefits such as IS(income support),JSA(job seekers allowance income based), and pensioner credits. The £240 a week you get is this just retirement pension? Have you tried claiming pensioner credit to top up your pension?

A few acronyms

MIL mother in law

FIL father in law

DLA disabled living allowance-a benefit

SDA severe disablement allowance-a benefit

IIDB industrial injuries benefit-a benefit

Incap- incapacity benefit

LT- not sure about this did I use it lol could be in ref to incap which has different rates one of which is LT long term.

BTW by the way

LOL laugh out loud

ROFL rolls on floor laughing

the last 3 are used all over the internet so you get used to using them and forget some people out there are just getting into forums sorry!

To post a new thread find the section you want to post in and go to the bottom of the page. Click on the little blue link to "new thread" and you can start one there.

Good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Thanks deedee 1310 and alibobsy.

 

That's very helpful. I'm very conscious I am now poaching on someone else's thread, but you've set me on the road ali x and I can now guess OH means 'other half'!

 

BTW the benefits to which I referred include pension credit, attendance allowance and carer's allowance.

 

Thanks again.

 

Vandermerwe

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That was a quick response deedee - thanks a lot.

 

A quick question if I may. I've obviously stumbled into a hornets' next with HSBC over my modest overdraft limit of £1000 which has increased to £2500 for what I believe to be legitimate reasons, but includes around £500 "arrangement fees" over the past 90 days and now 4 bounced cheques.

 

In what I now gather is a 'template' letter from them they suggested various sources of help and I phoned one of them, the charity National Debtline, and asked if I should try and resolve the matter amicably as a customer of 6 years' good standing, but the answer was a resounding 'no - you are just a number to them, reclaim your charges, do not discuss by telephone, keep copies of all correspondence etc. etc.

 

Quite an eye opener!

 

Will do, and also amend the Right of Appropriation letter to suit my needs, but could you advise on how to obtain the best help from this website.

 

Do I start a new thread (which now can do, thanks ali) and call it something like 'Newbie takes on the Honkers and Shankers'

 

Shall appreciate you advice, please remember I'm not computer literate!

 

Regards.

 

Vandermerwe

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Are you wanting to claim from HSBC first? If so, you will need to start a new post in the HSBC Forum. You can name your thread anything you want! might I suggest vandermerwe v HSBCriminal? LOL (laugh out loud)!

 

When you have done so, the good people of the HSBC forum will help assist you, as will I.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi deedee.

 

Thanks a lot. I've called my thread Old Age Pensioner -v-HSBC.

 

I just need to make sure I take the first step correctly.

 

I've downloaded an enormous amount of data to collate and file as reading the screen is a bit difficult for me.

 

Best wishes.

 

Vandermerwe

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Hi deedee.

 

Thanks a lot. I've called my thread Old Age Pensioner -v-HSBC.

 

I just need to make sure I take the first step correctly.

 

Great! Well I'll subscribe to your thread. I can't help with anything HSBCriminal specific, but I can help with the preliminary letter, lba stuff as will others on the thread.

I've downloaded an enormous amount of data to collate and file as reading the screen is a bit difficult for me.

 

LOL! Yes, I understand and it was the same for me too, it's just that I managed to keep reading on-screen. By virtue of the amount of the amount of information I took in, I had a severe headache for two days! Needless to say it's much better as I understand so much more now. :D

 

Good luck with everything.

 

deedee

  • Haha 1

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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  • 3 months later...

Don't know if this has already been mentioned, but what about those already on benefit and having to pay these charges from their benefit income, how can they then say that they have to declare any sums returned to them

Any views expressed on this site are my personal opinion or experience and do not represent legal advice in any way

 

 

:o :rolleyes: Michelle ;):) :o

 

Halifax: ************ WON ***************

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  • 1 month later...

hello

happy ner year to everyone

 

well i am in constant discussions with my bank and lots of correspondence 7 hardback folders im in court with them 8th jan@2pm

but i am worried as i got an email from my banks solicter and she is saying that the law and benefits acts are improper and that they can take charges from benefits etc

is there another benefits act i can get hold of please

i need something to show them that they are wrong

i am on DLA& MOBILITY in which they took there charges out of them yes i have proof on my statements

thvm for any offer of help

hugs

abg

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abg

 

What the bank is doing to you is wrong and (IMO) against the law. However, the law they are breaking is not that in the benefits acts. It's the common law on penalties in contacts and (probably) the Unfair Terms in Consumer Contracts Regulations 1999. THat's where we need to concentrate.

 

Unfortunately, at the moment we cannot (easily) pursue them that way either becaue of the test case.

  • Haha 1

 

 

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hello steven tyvvm for your replies

i am so confused as i have put everything in my thread

abroadgirl v abbey

please feel free to take a look

i dont really know what i can do i have told and sent hardship letters and proof that the charges were taken form my benefits which left me with nothing till my next payment so i understand now that i canrt fight this i just dont know anymore tyvm for everything hugs

abg

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abg

 

I have been following your thread. You have been given some good advice by Jansus and others, and Stonedecroze has offered some practical help too. I suggest you allow Stonedecroze to help - I have been talking to him about the possible way forward.

 

 

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  • 2 weeks later...
Thanks to Joa for the following information:

 

Are you sure this is write as when l contacted my local benefits agency about the bank charges on behalf of my Father in lawthey told him any bank charges that had been illegally taken form his benefit money they dont have to be declared as they are repaaying money they were not allowed to take. He aslo recieved this in writing.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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That's interesting GM I wonder if the benefits agency have been given new instructions by the government regarding these refunds. Would be fair to disregard these as a special case.

Nice one :)

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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well my FIL is part of the test case so it may be differernt if thet is the case.

 

I know he will not be declearing the money as he is entitled to about £8k back.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...
Are you sure this is write as when l contacted my local benefits agency about the bank charges on behalf of my Father in lawthey told him any bank charges that had been illegally taken form his benefit money they dont have to be declared as they are repaaying money they were not allowed to take. He aslo recieved this in writing.

 

Chrissi

 

Very interesting indeed. I was wondering if you could PM me with the details, i.e. the authority/agency which wrote the letter, did it refer specifically to the refunded bank charges, the amount.

I would be very interested because couple of years ago there was a case which run all the way to the Commissioner regarding arrears of capital and which failed miserably.

Of course we have to remember that refunds below certain thresholds would not affect the benefit, however i am interested in amounts above that thresholds.

DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - Housing Benefit Guidance Manual - Part B - BP1 - Assessment of capital

and

DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - Housing Benefit Guidance Manual - Part B - BP1 - Assessment of capital

[sIGPIC][/sIGPIC]

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  • 6 months later...
Guest sharonsmith

i would just like to add, that if you read about on the internet, the banks are not actually allowed to take charges from peoples benefits as these people are given the minimum amount of money that is needed to live on. So you are in your right to claim it back as it shoudnt have been taken in the first place.

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