FSA Waiver.. Question??

[sytra]

I was looking at the FSA's Waiver review of 21st Nov and came across this:

"This waiver applies only to complaints about unauthorised overdraft charges. Firms must continue to deal with complaints about other financial matters, such as insurance, mortgages or other complaints regarding their current accounts, in the usual way."

 

I was wondering if a claim such as 2 of mine are worded on the bank statements as unpaid DD or unpaid chq fee and NOT anything like overdraft charges... can i push to get them heard in court??

 

just a thought..

 

Sytra

[rory32]

I'm afraid not as these would be classed as unauthorised overdraft charges by any court. You can't change what the charges are in relation too, which is an unauthorised overdraft.

[The GodMother]

So rory,

 

Under the same rule that sytra has said about as in the waiver.

 

Can somebody start a claim against a back for taking charges out of there benefit money?

 

As well all know some of these claims are in regards to money being taken out of the benefits and this is against the law.

 

Does this fall under the same rules or not?

[rory32]

Benefits are a bit different. Really the issue is often was the money taken entirely from benefits and how was it taken. Also obviously there is the issue of hardship, so the FOS should deal with a benefits claim (in theory anyway). I commented on the Scottish legal position on this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123647-crapquest-trying-help-my.html?highlight=woods#post1284196 The English legal position is really the same as far as I know, although obviously you would disregard the Woods v RBS case as this was a Scottish case.

[The GodMother]

Yes the only money that goes in to that bank account is benefits.

 

they taken the charges on the next day the money is in the acc then they bill you for the first day of the month for the overdraft charges.

 

I wrote to the bank and they have said they dont think it is illegal for them to take money from benefits even tho l quoteed the relivant law in the letter.

 

Chrissi

[rory32]

Yes the only money that goes in to that bank account is benefits.

 

Have they used the first right of appropriation letter? This stems from 1816 and is known as the Rule in Clayton's case. Devaynes v Noble (Clayton's Case) 1816.

I wrote to the bank and they have said they dont think it is illegal for them to take money from benefits even tho l quoteed the relivant law in the letter.

What relevant law did you quote?

[The GodMother]

I have used that letter and it got rejected. They gave us all the money minus the charges.

 

They did not quote any law they said it is not illegal and they can take charges from any money they want to.