The Banking Code...

[coralie]

Didn't I read somewhere that the banks are obligated to offer some sort of assistance when you get into dificulty? When we went overdrawn by 1p!!! We went to bank to beg them to let us off the charges (£100 by time they were finished) they said no but kept us there for 2 hours (i was pregnant and had our 2 yr old with us( to see if they could give us a loan, but after all that they said we had been declined and to piss off basically.

 

Last week after getting £90 in charges as well as the 28 monthy charge yet to come. I went in to the branch and said 'wherre is this money supposed to come from? You have just taken all my child benifit. I have nothing else!' I got told that i shouldnt spend money I dont have and that was it.

 

Just wondering if this is something I should complain about when I write my letter asking for my money back (when I know how much is owed!) We are really in a mess at the moment and this is making matters so much worse.

[richardc]

Coralie,

 

This is appalling. I'm sorry to ask, but was it 1p overdraft? I don't disbelieve you. I just cann't believe the bank. Which one was it? :twisted:

[BankFodder]

Post in the correct forum for your bank and we will help you all the way. You will have lots of support here. It's a disgraceful story.

[coralie]

It was Halifax. I posted in here because I thought the banking code applied to all banks.

 

It was 1p over the limit but then the £30 charge ensures more charges and so on... : They may have let through further transactions, I can't really remember but it wasnt in dispute when we were actually in the bank and pointing out that it was one pence we were talking about. They said, 'you need to pay attention to your balance all the time'.

 

last week in my local bank the woman told me to keep all my reciepts and check them off my statement. who has the time for that! By the time you get your statement its too late to check your reciepts. So frustating to have to deal with idiotic staff.

[richardc]

This is an an awful tale of banks abuse. We will support you all the way. However, can you please read the FAQs, and around the Forum, and the come back to us. You really do need to have some understanding of the issues. We await your questions.

[coralie]

thanks, I have read the faq's and am aware of what I need to do. I was only wondering if I should moan about their lack of customer service into the bargain!! Not that it makes any difference I suppose.

[lm45]

I had a direct debit due out for my house insurance, £10.20. It was requested on the the 4th and Norwich Union said it takes 4 working days to leave my bank, which would make it the 10th, and thats when it went out. The money was in my bank on the 9th to pay it. Halifax have charged me yet another £35 for a failed direct debit, even though Norwich Union didnt inform me that it had failed (because it hadn't!!) I am on Income Support and cannot afford halifax to take that much off me in charges. I am sick of them ripping me off. This is why I hate having direct debits and prefer to pay online where *I* can control my money!

[sillygirl1]

If you are on income support they are not supposed to take the charges from you. There is a letter in the templates you can use to inform them of this.

 

Since I stoppped all direct debits I haven't had one bank charge.... they are 'designed' to generate this income for the banks IMHO.

 

Go to your CAB and they can help you out - they will be able to get the bank to refund your charges and stop charging you.

[Varuna]

Good advice.

[surprise]

In the meantime write a letter to the Halifax headed OFFICIAL COMPLAINT. Advise them that you will expect them to adhere to their timescales for an official complaint and should you not be happy with the outcome then you will be making an official complaint to the FOS for which they will get charged £450.00.

 

Outline all the problems you are having with their continual charging, also complain about the length of time waiting and the way in which you were spoke to. Do this letter as a separate one to reclaiming any charges.

 

It worked for me when the Halifax charged me £35 for 2p being over as a result of this £35 charge they bounced 2 small d/ds and charged a further £35 each.

[The Investigator]

This will be of use to those who may not fully understand what banks and lending institutions cannot do when benfits payments are credit to your account.

The following will assist.

Social Security Administration Act 1992

 

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;

(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.

 

http://www.opsi.gov.uk/Acts/acts1992...19920005_en_20

 

 

Quote:

Social Security Contributions and Benefits Act 1992

 

122 Interpretation of Parts I to VI and supplementary provisions(1) In Parts I to V above and this Part of this Act, unless the context otherwise requires—

 

"beneficiary", in relation to any benefit, means the person entitled to that benefit;

 

"benefit" means—

 

(a) benefit under Parts II to V of this Act other than Old Cases payments;

 

(b) as respects any period before 1st July 1992 but not before 6th April 1975, benefit under Part II of the 1975 Act; or

 

© as respects any period before 6th April 1975, benefit under—

 

(d) the [1946 c. 67.] National Insurance Act 1946 or [1965 c. 51.] 1965; or

 

(ii) the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 or [1965 c. 52.] 1965;

 

"child" means a person under the age of 19 who would be treated as a child for the purposes of Part IX of this Act or such other person under that age as may be prescribed;

 

"claim" is to be construed in accordance with "claimant";

 

"claimant", in relation to benefit other than industrial injuries benefit, means a person who has claimed benefit;

 

"claimant", in relation to industrial injuries benefit, means a person who has claimed industrial injuries benefit;

 

"contract of service" means any contract of service or apprenticeship whether written or oral and whether express or implied;

 

"current", in relation to the lower and upper earnings limits under section 5(1) above, means for the time being in force;

 

"day of incapacity for work" and "day of interruption of employment" have the meanings assigned to them by section 57 above;

 

"deferred" and "period of deferment" have the meanings assigned to them by section 55 above;

 

"earner" and "earnings" are to be construed in accordance with sections 3, 4 and 112 above;

 

"employed earner" has the meaning assigned to it by section 2 above;

 

"employment" includes any trade, business, profession, office or vocation and

 

"employed" has a corresponding meaning;

 

"entitled", in relation to any benefit, is to be construed in accordance with—

 

(a) the provisions specifically relating to that benefit;

 

(b) in the case of a benefit specified in section 20(1) above, section 21 above; and

 

© sections 1 to 3 and 68 of the Administration Act;

 

"industrial injuries benefit" means benefit under Part V of this Act, other than under Schedule 8;

 

"initial primary percentage" is to be construed in accordance with section 8(1) and (2) above and as referring to the percentage rate from time to time specified in section 8(2)(a) above as the initial primary percentage;

 

"the Inland Revenue" means the Commissioners of Inland Revenue;

"late husband", in relation to a woman who has been more than once married, means her last husband;

 

"long-term benefit" has the meaning assigned to it by section 20(2) above;

 

"loss of physical faculty" includes disfigurement whether or not accompanied by any loss of physical faculty;

 

"lower earnings limit" and "upper earnings limit" are to be construed in accordance with section 5(1) above and references to the lower or upper earnings limit of a tax year are to whatever is (or was) for that year the limit in force under that subsection;

 

"main primary percentage" is to be construed in accordance with section 8(1) and (2) above and as referring to the percentage rate from time to time specified in section 8(2)(b) above as the main primary percentage;

 

"medical examination" includes bacteriological and radiographical tests and similar investigations, and "medically examined" has a corresponding meaning;

 

"medical treatment" means medical, surgical or rehabilitative treatment (including any course or diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;

 

"the Northern Ireland Department" means the Department of Health and Social Services for Northern Ireland;

 

"Old Cases payments" means payments under Part I or II of Schedule 8 to this Act;

 

"payments by way of occupational or personal pension" means, in relation to a person, periodical payments which, in connection with the coming to an end of an employment of his, fall to be made to him-

 

(a) out of money provided wholly or partly by the employer or under arrangements made by the employer; or

 

(b) out of money provided under an enactment or instrument having the force of law in any part of the United Kingdom or elsewhere; or

 

© under a personal pension scheme as defined in section 84(1) of the 1986 Act; or

 

(d) under a contract or trust scheme approved under Chapter III of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988; or

 

(e) under a personal pension scheme approved under Chapter IV of that Part of that Act,

and such other payments as are prescribed;

"pensionable age" means—

 

(a) the age of 65, in the case of a man; and

 

(b) the age of 60, in the case of a woman;

 

"pneumoconiosis" means fibrosis of the lungs due to silica dust, asbestos dust, or other dust, and includes the condition of the lungs known as dust-reticulation;

 

"prescribe" means prescribe by regulations;

 

"primary percentage" is to be construed in accordance with section 8(1) and (2) above;

 

"qualifying earnings factor" means an earnings factor equal to the lower earnings limit for the tax year in question multiplied by 52;

 

"relative" includes a person who is a relative by marriage;

 

"relevant accident" means the accident in respect of which industrial injuries benefit is claimed or payable;

 

"relevant injury" means the injury in respect of which industrial injuries benefit is claimed or payable;

 

"relevant loss of faculty" means—

 

(a) in relation to severe disablement allowance, the loss of faculty which results in the disablement; or

 

(b) in relation to industrial injuries benefit, the loss of faculty resulting from the relevant injury;

 

"self-employed earner" has the meaning assigned to it by section 2 above;

 

"short-term benefit" has the meaning assigned to it by section 20(2) above;

 

"tax week" means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in the case of a tax year ending in a leap year, the last two days) to be treated accordingly as a separate tax week;

 

"tax year" means the 12 months beginning with 6th April in any year, the expression "1978-79" meaning the tax year beginning with 6th April 1978, and any correspondingly framed reference to a pair of successive years being construed as a reference to the tax year beginning with 6th April in the earlier of them;

 

"trade or business" includes, in relation to a public or local authority, the exercise and performance of the powers and duties of that authority;

 

"trade union" means an association of employed earners;

 

"week", except in relation to disability working allowance, means a period of 7 days beginning with Sunday.

(2) Regulations may make provision modifying the meaning of "employment" for the purposes of any provision of Parts I to V and this Part of this Act.

 

(3) Provision may be made by regulations as to the circumstances in which a person is to be treated as residing or not residing with another person for any of the purposes of Parts I to V and this Part of this Act and as to the circumstances in which persons are to be treated for any of those purposes as residing or not residing together.

 

(4) A person who is residing with his spouse shall be treated for the purposes of Parts I to V and this Part of this Act as entitled to any child benefit to which his spouse is entitled.

 

(5) Regulations may, for the purposes of any provision of those Parts under which the right to any benefit or increase of benefit depends on a person being or having been entitled to child benefit, make provision whereby a person is to be treated as if he were or had been so entitled or as if he were not or had not been so entitled.

 

(6) For the purposes of Parts I to V and this Part of this Act a person is "permanently incapable of self-support" if (but only if) he is incapable of supporting himself by reason of physical or mental infirmity and is likely to remain so incapable for the remainder of his life.

 

http://www.opsi.gov.uk/ACTS/acts1992...19920004_en_12

[Trudy B]

If you have incurred bank charges previously and have not reclaimed those charges you could always do so under a hardship case basis - then this time you'd be charging them interest!

 

T

[yourbank]

The investigator.....no definition of "assignment of a charge"....can you provide one please.

[coralie]

This topic was closed on 03/06/19.

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