Nationwide taking Benefits

[jackieandwayne]

I need to help my friend out. He has just tried to take some cash from his account to find that he has recevied a bank charge leaving him with nothing. His sole income is made up entirely of benefits as he is registered disabled. He has pleaded with the bank to give him his money as he needs it to live on but they just tell him to go away.

 

I saw on here a while ago that this is a no no but I cannot find the thread anywhere with all the letters etc.

 

This is bad as he suffers with night time epilepsy and the money was to pay for personal care overnight as he is suffering at the moment!

 

Could anyone give me a pointer? I'm quite prepared to go down to his branch with him in a minute and let them have hell.

[Guest wino]

I think this is the link your after

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/125278-social-security-administration-act.html

[MilkTrayMan]

Hi jackieandwayne!

 

Have U considered switching to another Bank, or at the very least, opening a 'parachute' current account??...

 

Then, whilst U are reclaiming against Nationwide, they won't be able to put U under any duress by keep on taking unlawful debits out of your current account, making U short of funds each month!

 

Here are a couple of links for U to have a look at...

Example Step-By-Step Instructions

Do you need a parachute account?

 

Depending on your Credit History etc, some current accounts may be more obtainable/available to U elsewhere.

Try to research the ones that U feel will accept U + are suit your needs most, BEFORE U apply to them.

 

To apply for more than a couple in any 6 month period + be refused, will make your Credit Report look horrendous + make it even more unlikely that any other Bank will accept your application for a NEW current account with them!...

 

I suggest the above advice cos Banks have been notoriously slow at acknowledging the existence of ANY legislation concerning 'Right of Appropriation'.

Nationwide will continue to'throw a deaf un' until U start threatening to 'get medieval' with them, by pointing the exact laws out to them + insisting that U will take them to Court over the matter.

 

Whilst U will be in the right (...+ they KNOW it, but will STILL insist in playing silly b*gg*rs with U!), the process can take some time to go through. This won't help U out financially in the immediate short time though, when U will probably NEED your every single penny the most!

 

Below are several further Threads, concerning this subject, for U to have a look through...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

 

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

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/73030-taking-back-control-your.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/92393-theyre-taking-all-my.html

 

 

A start for U to get Nationwide's attention, may be to use a basic letter similar to the one below (...adapted from steven4064's original)...

 

 

Your address

 

Your date

 

 

Nationwide Building Society

Member Service Department

1st Floor, Old Building

King's Park Road

Moulton Park

Northampton

NN3 6NW

 

 

Social Security Administration Act 1992 - Request for repayment

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxx SORT CODE xxxxx

 

I am give brief description of circumstances and in receipt of state which benefits-include child benefit which are paid in to the above account by the department of Social Security (and…). No other income is paid into my account.

 

Section 187 of the Social Security Administration Act 1992 (‘the Act’) states that these benefits are inalienable, that is, every assignment of or charge on these benefits and every agreement to assign or charge such benefit shall be void.

 

During the period start date to end date, charges totalling £xxx have been applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth in direct contravention of the Act. In addition, interest totalling £xxx has been applied to my account in relation to these charges. The charges are detailed in the attached schedule.

 

I am writing to ask you to refund to me the charges and interest listed in the schedule which you have levied from my account in contravention of the Act.

 

I will give you 16 days from the date of this letter to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim through the Small Claims Court immediately on the expiry of the second deadline.

 

Yours faithfully,

 

Your signature/name

 

 

 

 

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