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Halifax won't let me withdraw my Child Benefit :(


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I phoned the Inland Revenue a couple of weeks ago to arrange to have my Tax Credits paid into my parachute account, as my current account with Halifax is now over my overdraft limit mostly due to their charges, and therefore I can't withdraw any money with my debit card.

 

The lady I spoke to asked me if I wanted her to inform Child Benefit of my new account details, and I agreed. Well, you can guess what happened - yes, they've paid my child benefit into my Halifax account :-x I tried to withdraw my money at the cashpoint this morning, but as I guessed, my request was declined.

 

What can I do to get my money back? I REALLY need this money, as it is all we have to live until my dh's claim for JA is sorted out. I'm going to phone CB and inform them of my account details for future payment. Is there any way they can reverse the payment? Or do I write a letter to Halifax (can't get to a branch)

 

Many thanks if you can help :)

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Thanks for your reply :)

 

I had a look at that thread this morning, but it does say the the Right of Appropriation letter should be sent BEFORE the funds go into the account.

 

Should I just modify this letter stating that I will be withdrawing the money on a certain day (the day following receipt of the letter by Halifax)?

 

Thanks for your help :)

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I would assume that modifying the letter specifying the day after the deposit would be in order.

 

I would also contact your bank again & explain that it's benefits they are witholding, also the IR who it appears can reclaim the monies from the bank.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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go into the branch and at the top of your voice (or loud enough to be heard by all) say you have stolen my benefit money that is against the law and i want it back. youll get it very quick

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dont worry, they cannot NOT let you have it, telephone child benefit, this happened to me a few months ago, same bank, though it was partners working tax credit, child benefit 'should' contact bank, if not, dont worry.......you really need to send the letter, they have to by law release your money (childrens money)......and yes, IR do reclaim money, i think child benefit do too..

regardless, SEND THE LETTER........they cannot legally have benefits' money, and the banks' know it.

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Thanks all :)

 

I'll start with phoning IR this afternoon and post back to let you know how I get on :)

its much more fun going into the branch, make a noise and a fuss, took me less than 10 minutes i came out with £440.00 in cash if they have taken further back than this time claim that too good luck

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its much more fun going into the branch, make a noise and a fuss, took me less than 10 minutes i came out with £440.00 in cash if they have taken further back than this time claim that too good luck

 

lol! Good for you :D

 

They actually owe me around 1500.00 in charges - I was just about to take them to court, then that announcement was made about all claims being put on hold :rolleyes:

 

I'm trying to phone CB, but keep getting a recorded message to phone back later :-x

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lol! Good for you :D

 

They actually owe me around 1500.00 in charges - I was just about to take them to court, then that announcement was made about all claims being put on hold :rolleyes:

 

I'm trying to phone CB, but keep getting a recorded message to phone back later :-x

 

SFU -

 

As you can read around CA, you need that money!G, all claims are not on hold, that is rubbish peddled by the media

 

Some claims are being stayed, but even those can be protested and I found the CAG stay removal letter to work

 

Go ahead and make your claim you need that money!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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SFU -

 

As you can read around CA, you need that money!G, all claims are not on hold, that is rubbish peddled by the media

 

Some claims are being stayed, but even those can be protested and I found the CAG stay removal letter to work

 

Go ahead and make your claim you need that money!

 

Thank you :)

 

Do you suggest I write them another letter giving them a final chance to repay the money they took out of my benefits, or should I now take it directly to court? I have sent the LBA etc etc, and received the standard bog-off letter from them :rolleyes:

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Right, I've FINALLY got through to CB, who informed me that once the money has been transferred, there's nothing that they can do :rolleyes:

 

So I'm now going to print off the letter to send to Halifax and will post first class recorded delivery this afternoon. I shall inform them that I shall be withdrawing my CB of 120.00 with my debit card on Thursday morning.

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Does this sound ok?

 

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXXXXX

 

I am writing to inform you that I had a Child Benefit payment of £120.80 paid into my account on 17/09/07, and I wish to use my first right of appropriation for this money, for the following purpose: Food & Clothing for my children - £120.80

I will withdraw £120.00 from my account on 20/09/07, 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,

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also, i'd telephone child benefit back, try 0191 225 1144, ask to speak to a manager....... this money is for children,NOT for the bank, therefore child benefit office do have the right to recall money. just like inland revenue can do it for you too.

 

Will try that tomorrow - thank you :)

 

I'm such a wuss on the phone :D

 

Do you think my letter sounds ok if I get no joy with phoning back tomorrow?

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add this to it

 

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 bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

** inaliable = not to be forfeited.

------------------------------------------------

Basically they can't take you benefit money for overdrafts or debts, and if they have you can ask for it back !

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  • 3 weeks later...

A little update....(got a bit long!)

 

I sent my branch a letter quoting the SSAA 1992, and let them knowthat I would be visiting the branch to withdraw my Child Benefit in order to be able to feed and clothe my children.

 

I was unable to visit the branch until this morning, simply because I had no money for public transport, and neither do I drive, so had to rely on a lift from a friend.

 

I was told that I had to speak to someone from Head Office before they could authorise the withdrawl. Spoke to very unsympathetic lady on the phone, who basically said that there was no way they were going to let me withdraw anything from the account until my arrears (all bank charges) were paid off. This lady asked me - "aren't you concerened that you will be black-listed for 6 years if you don't pay off your arrears now that a default notice has been issued to you?" I replied that no, I wasn't concerned about that - what i WAS concerned about was how I would feed my children.

 

I was then asked how much money would be entering my account each month. I told her that the only income our family has going into that account at the moment was Child Benefit. My husband has been waiting almost 1 month to hear about his claim for Jobseekers Allowance. (We do receive child tax credits, but this goes into my parachute account, as will future payments of CB, but I didn't tell her this.)

 

She said that out of our income of 120.00 per MONTH for a family of 2 adults and 2 children, we should be repaying all of it each month to the Halifax!!!

 

Well, I'm fuming to say the least. She told me that I should have visited the bank earlier, and she may have let me withdraw some money, but now it has all been taken by charges so tough.

 

If Halifax repayed my all of the charges they have taken over the last couple of years, then I would be back inside my agreed overdraft, and I would be able to pay off my loan and credit card arrears with them, but no.

 

Who gives you extra??..........NOT BLOODY HALIFAX!!!!

 

Told them I'd be taking it further - any advice appreciated :)

p.s. I spoke to someone at Inland Revenue as well, and he told me that there was no way that they could recall CB payments :()

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Why don't you just open a basic account with another bank and have all your benifits paid into that. That way they can't touch any of it.

 

I have done that - when I phoned tax credits to change my bank account details, they told me that they would inform child benefit, but unfortunately, they didn't.

 

All future payments of CB will go into my basic account, but I still want this payment back - it's for my kids, not for me, and certainly not for Halifax.

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This is what someone i know did, went to bank children in tow(borrowed extra toddler for noise effect).... sat down behind the desk (just before closing) and requested her money, explained calmly law was on her side they had taken money meant for her children and she now had no money left to feed them, they refused, 5 minutes before closing time arrived....she was asked to leave and refused.... alot of discussion followed by threats and refusal to refund money, she got louder, they threatened to call police, she requests money again, toddler starts screaming, they refuse and call police, lovely police woman arrives and asks her to leave, stating that they would rather not have to remove her by force, she informs police shes pregnant, police say we are not allowed to touch her, she asks again for money, toddler screams louder, children getting bored start running round, manager fones head office, 5 mins after closing time she leaves with money :)

***************************************

Feels like a lost little girl x

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i'd print out the relevant act.together with dates the money for ALL benefits went into bank account since you have been unable to obtain it. then when they refuse, YOU phone the police, YOU have the proof of them obtaining money they cannot legally kept against benefits( i'd get your local MP involved too), as i think they may think you will just roll over on this and go away. can you see a solicitor for free? or cab? honestly, this is going too far, you are legally entitled to ALL benefits, the bank CANNOT take them for charges etc. THIS IS WITHIN THE LAW FOR YOUR RIGHTS TO HAVE BASIC INCOME FOR CHILDREN. please,please, seek help on this, i would see your local MP.

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Thanks for your replys :)

 

A strange thing happened today.....

 

I logged on to my Halifax internet banking, and discovered that they have upped my overdraft by almost 800.00 :eek:

 

Therefore, I am now no longer over my overdraft limit, plus it appeared that I had funds available to withdraw of approx 150.00 ;)

 

So of I went to the cashpoint, expecting it to swallow my card, and lo and behold, it let me withdraw the 120.00 that I was determined to claw back. :lol:

 

Still not sure how this change of mind came about, but at least now I have my money :)

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did you give permission for the bank to increase your overdraft? if not, this may go under the fair debt act thingy (someone here will know actually what i am saying). they are trying to get out of the 'benefit' clause, therefore using the increase. keep all letters written and been sent, because i think this will be your chance to show a judge that the bank has acted badly,in refusing to admit they were in the wrong to refund your benefits money, but to increase overdraft to allow you to retrieve it, its illegal as you have still not got your benefit money really, as you owe the bank that money now.............irresponsible lending i think its called.

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