Help lloyds tsb taking my benefits money for charges!!

[Guest Alison82]

I am so angry it seems like one things after another!!!

 

I am not working at the moment as of beginning of February and am seeking JSA, my account with Lloyds TSB was overdrawn by £60 (TV licence and phone bill) for about a month whilst I was waiting for my claim to be approved, I was not receiving an income to pay into the account.

 

My claim is complete now I and I have started receiving my payments, I have just discovered that Lloyds TSB have deducted £54 and want to take a further £165 at the end of the month at a rate of £15 per day!! I am so angry, this is all the money I have to live on, to pay my bills, to by food, for my oyster card etc..

 

I have found out that they are not allowed to take it under:

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

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

 

** inaliable = not to be forfeited.

 

But the person I spoke to on the phone; manager says there is nothing in that act to prevent them taking it, basically denying the above exists!!

 

I’ve written a letter but this is going to take weeks or months to recover that way! Can anyone help or have any other telephone numbers I can try?

 

I have given them until 17th April before I start a claim against them, with no hesitation!!

 

Thanks in advance

[yourbank]

Your wrong on that SSAA 1992. That is incorrect. Have a look for a thread by site team called Steven4064 which explains it in more detail.

[Guest Alison82]

OK I see what you mean; charges come under CCJ type of charges. Ok I think It is best that I claim under a hardship case but I’m not sure where I start, do I file my N1 as normal but add this is a claim for hardship on it, or do I write to my bank or FSA or FOS and file my hardship case with them?

 

Thanks

[yourbank]

OK I see what you mean; charges come under CCJ type of charges. Ok I think It is best that I claim under a hardship case but I’m not sure where I start, do I file my N1 as normal but add this is a claim for hardship on it, or do I write to my bank or FSA or FOS and file my hardship case with them?

 

Thanks

Write to your bank even if you have started the process. Ask that they deal with your case under the hardship criteria(see below)

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

 

One from 2(a) and as many as possible from 2(b). Make the bank aware that under the FSA Waiver on Bank Charges you qualify under hardship because of x, y and z.

Hope that helps.

[Guest Alison82]

Thanks yes this does, I just posted a letter, should have cheacked back here before, oh well whats another stamp.

 

I've decided to just withdaw my money and open a basic account for now

 

They probably charge on the charges but I can't deal with that right now

[yourbank]

Thanks yes this does, I just posted a letter, should have cheacked back here before, oh well whats another stamp.

 

I've decided to just withdaw my money and open a basic account for now

 

They probably charge on the charges but I can't deal with that right now

keep us updated on how you are getting on

[Guest Alison82]

My bank called me yesterday and I went through my expenses with them and they decided to not take out the £165 of charges that are due to come out as they could see I couldn't afford it!! I was so shocked, really thought I would have to fight for that one!!

[yourbank]

My bank called me yesterday and I went through my expenses with them and they decided to not take out the £165 of charges that are due to come out as they could see I couldn't afford it!! I was so shocked, really thought I would have to fight for that one!!

That is great news. Have they indicated about the charges already taken?

[Guest Alison82]

No they didn't but I think I'll deal with that a bit later as it is not too much, but this new lot would have hit me hard