Natwest just took most of my money I need to live on.

[fuzzybobble]

Hi there,

 

Just had a letter from NatWest about my Step account.

All that goes into that account is my Job Seekers Allowance.

It's all I have to live on at the moment and I only opened

the account about 3 months ago due to my Abbey account

spiraling out of control with £1300 in charges on it.

 

On friday I had my Job Seekers paid into my account.

Saturday I get a letter from Natwest saying they've

added unpaid item fees to my account. No mention as to

what they were till I looked up their charges online.

They've taken £76 of the £118.30 I need to live on for the

next two weeks. (all be cause I went overdrawn by £12)

and they returned two direct debits as unpaid.

 

This is going to hit me really hard and next month I can

see my account being hit for even more charges, as

I won't have enough in my account to cover the 3 direct

debits I have. So then they'll be taking almost everything

and once again the debt spiral begins.

 

I've read bits on here that they shouldn't be taking benefits

and someone mentioned that it was

illegal under s.187 of the Social Security Administration Act 1992

 

Does anyone have a letter template I can send to Natwest, in the hope they'll refund the charges?

 

Thanks in advance.

[pt2537]

187 Certain benefit to be inalienable

(1) 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;

[(aa) a jobseeker's allowance;]

[(ab) state pension credit;]

[(ac) an employment and support allowance;]

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

(2) In the application of subsection (1) above to Scotland—

(a) the reference to assignment of benefit shall be read as a reference to assignation, “assign” being construed accordingly;

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.

 

 

 

(3) In calculating for the purposes of section 5 of the Debtors Act 1869 or section 4 of the Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

 

NOTES

Derivation

 

Sub-s (1) derived from the Social Security Act 1975, s 87(1), the Child Benefit Act 1975, s 12(1), and the Social Security Act 1986, s 86, Sch 10, para 48(a); sub-s (2) derived from the Social Security Act 1975, s 87(2), the Child Benefit Act 1975, s 12(2), and the Solicitors (Scotland) Act 1980, s 66, Sch 6, para 2; sub-s (3) derived from the Social Security Act 1975, s 87(3).

Initial Commencement

Specified date

 

Specified date: 1 July 1992: see s 192(4).

 

 

 

 

 

Amendment

 

Sub-s (1): para (aa) inserted by the Jobseekers Act 1995, s 41(4), Sch 2, para 72.

Sub-s (1): para (ab) inserted by the State Pension Credit Act 2002, s 14, Sch 2, Pt 2, paras 8, 23.

Date in force (for the purpose only of exercising any power to make regulations or orders): 2 July 2002: see SI 2002/1691, art 2(l).

Date in force (for remaining purposes): 6 October 2003: see SI 2003/1766, art 2(a).

 

 

 

 

 

 

 

 

 

Sub-s (1): para (ac) inserted by the Welfare Reform Act 2007, s 28(1), Sch 3, para 10(1), (31).

Date in force: to be appointed: see the Welfare Reform Act 2007, s 70(2).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HI there

 

thats section 187 of the Social Security Administration Act 1992

 

i hope it helps

[maroondevo52]

Hi, Fuzzybobble.

 

There's a letter here you can send them..........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

 

Regards.

 

Scott.

[fuzzybobble]

Will send that letter, as it may stop them grabbing more off me later this month.

 

What do I send to get them to hand back the £76 they grabbed on friday? Bit stuck with how to word it.

 

So annoying this happening, as I had only just got myself financially straight again, after Abbey stuffed me good n proper last year.

[maroondevo52]

Give them a phone, fuzzybobble.

You never know, explain your situation and they may refund the £76. If not, you will have to go through the process of claiming back your charges, which will take a while and your case will be stayed until after the 'test case' result.

 

Regards.

 

Scott.

[ananya]

Hi fuzzybobble.

 

My sister had a similar situation witht he same bank who did refund the charges after she went to the branch and explained to them the whole situation.

 

It's worth a try and good luck.

[The GodMother]

you could also speak to the benefits agency as they no what the law is and they no they are not allowed to take the money.

some JC/BO will actually write to the bank and say to them they hve 14 days to return this money to you or then will take back the money from the bank and then give it to you in the form of a giro.

[OLIVE.FAMILY]

Hi there

They done the same to me with my Child Tax. Phone them up and tell them you need your money as it is benefits and they are legally not allowed to take it. They will probably make you go to a branch and take it out over the counter. You can then sort out the charges. Apparently they are allowed to re imburse three charges (so they told me) as part of a good will gesture so try to get on to it now bfore more charges go on.

 

Good luck