Help ref getting some money back from Barclays they pinched from my account

[chloecat]

Hi All

Not been on in a while. I have a quick question - Im sure there is a full answer here somewhere but I cant find it.

 

I jumped ship from Barclays to a parachute account a while ago - however - I still have one account with them that is (was) still in the black and my Child Benefit and child tax credits gets paid into them. So far - Barclays (current accounts) have never touched this or tried to take money to pay overdrafts on other accounts. I assumed they they didnt as they know full well that the only money paid in is the above benefits.

 

On 29th December - Barclays Debt management took £243 out of that account to pay into my loan account (as I hadnt paid it!). There was only £91 in the account and and this took me £1.64 over my overdraft allowance and hey presto.... £22 charges now added left right and centre.

 

Am I right in thinking I can tell them to give me my money back right now as it is benefits? And also tell them to pay back the charges that THEY made me incurr because of it?

 

I wasnt aware of any of this until today - bank statement came and letter saying they had taken my money dated 2nd Jan. No prior warning.

 

Any advice on a strongly worded letter? I NEED this morning to buy my car tax at the end of the month

 

Is it the Social Security Administration Act 1992 I need to quote? Also the right of appropriation letter doesnt seem right either.

 

Please help.

 

Thanks all

[chloecat]

bumping - sorry I hope to contact them today to try and get my money back.

[42man]

Hi Chloe have you seen this ? - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

[chloecat]

Thanks!!

After reading further I hashed myself a letter together. Due to ilness couldnt send until today. I have given them 7 days... here's hoping!

 

Copy letter below if anyone interested.

 

Dear x

I discovered on Friday on receipt of your letter dated 2nd January 2009 that you have taken £x directly from my current account.

 

The purpose of this letter is as follows;

Without prior warning and without obtaining my permission this money was taken from benefits received from the HMR&C, such payments are clearly marked as originating from Child Benefit and Child Tax Credits. These are the only credits made to this accountIt is illegal for you to appropriate such benefits, and as such I am demanding an immediate refund of this money as it is required to pay for essentials such as childcare, clothing, nappies etc for my toddler son. I refer you to the Social Security Act below:

Social Security Administration Act 1992

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

Furthermore, you took the sum of £x from my account whilst there was only a balance of £x This caused me to be £x overdrawn and into the reserve overdraft . I have incurred reserve usage fees to my knowledge to date as follows:

 

30/12/2008* Reserve Fee £22.00

07/01/2009 Reserve Fee £22.00

 

• Note your letter states you were taking the money on 2nd January, however my bank statement shows that you took the money on 29th December 2008.
  

I ask that you return this money to my account immediately and arrange for the bank charges incurred (and any that will occur in the meantime) to be refunded also.

 

Please respond to this letter within 7 days confirming that the money and charges incurred have been returned to my account.

 

I copied the letter and their letter/bank statement to them and to my local barclays branch for their info on the charges incurred and made a point that I have retained a copy for 'further action if necessary'.

Edited January 12, 2009 by chloecat
removed font issues

[chloecat]

Result

Checked my account this afternoon and the money is back and the charges incurred refunded! Thank you very much guys! Love this site:D

[Dipply75]

Wow, congrats Chloecat! Would you mind if I copied some of your letter to try with my bank?

 

RBS hit me with an arrestment fee for an attempted arrestment of my bank account and the only income into that account is tax credits/child benefit. Now that I think of it, any of the charges, which I am awful chuffed to say only total about £100 this year would have all come from this income and want to try.

 

Cag is just great isn't it

[chloecat]

Go for it! I got legaly bits from here anyway

I just added the further mores

[Desperate Daniella]

Hi Chloecat,

 

Barclays did exactly the same to me on 6th January - the same day my Child Benefit came in and they took all of it. I didn't find out until Friday, 9th when I got a letter from them telling me what they had done.

 

They will say in the Terms and Conditions they can do this, and the man I spoke to because I called immediately said they could take a percentage of my "disposable income". What "disposable income". I told them I wanted it back in the account.

 

It hadn't arrived by Monday so I called FOS, who were appalled, got a reference number, and called Barclays Customer Service (Complaints).

 

Money arrived back in my account today so we both got a result

 

But, seriously, Barclays now nicking child benefit?????!!!!!!

 

I'd love that in the press, but personally wouldn't want the publicity.

 

DD

[chloecat]

If we could afford it - I would let the money build up in the account - and leave it sitting there.... taunting them

 

They really are terrible though!