Bank charges when receiving benefits

[fatboydukey]

Hi guys

 

This claim is my cousins. Some info, my aunt died last year and my cousin is now the legal guardian for his brother. He receives job seekers that is paid into a post office account and Guardians allowance and child benefit paid into his Lloyds account. Its about £30 a week and this is used to pay 2 direct debits, one is house insurance and the other tv licence.

My cousin isnt the sharpest tool in the box so I help out where I can! The last couploe of months have been particularly bad for him and one month he lost track on the dates the DD's were being taken out - he ended up getting charged £40 for them being returned and he hasnt managed to get back on track yet so he is getting charged the same amount every month!

 

I heard that bank charges cant be taken from benefits somewhere so sent the letter mentioning this and stating the Social Security Admin Act 1992, Section 187 and have asked for the charges to be refunded.

 

My cousin finally received a response this week - I havent got a scanner so will type out one of the paragraphs, most of the other paras are to do with them spurting out about the test case...

 

"We have considered the point u have raised in relation to the social security admin act which we believe was directed at section 187. It is our view and the view of our legal advisers that debiting these bank charges from an account into which benefits have been or will be paid is not contrary to that provision of the act."

 

Where do we go from here?

 

Also, he received another letter from Lloyds about an unauthorised overdraft and from what I can work out they are saying that although they dont usually do this on his type of account - if he goes overdrawn in that month he will be charged a set fee of £15 instead of the £20 usually charged for each cancelled dd etc.. has anyone heard of that?

If he doesnt go overdrawn then he wont get charged the £15.

 

Cheers

FBD x

[citizenB]

I dont know the answer to your question, but will try and find someone who does.

[yourbank]

I think steven4064 has got a thread on benefits and why SSAA1992 is not applicable.

[citizenB]

I will look for that one as well Yourbank, thanks

 

FBD, you might find something that helps in the following link

 

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

 

And this is the one YourBank was referring to.

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/108952-claim-charges-taken-benefits.html

[fatboydukey]

Thanks guys,

 

Will have a look through those links!

 

Cheers

FBD

[emmaf01]

However he has a hardship case to reclaim those bank charges already taken. Due to his circumstances it should be straightforward (since when is it ever with a bank?)

[crazysaxon]

just wonderin if n e one can help me? iv just had £350 of charges on my account that my benefits goes into. can i claim this back and how? im a new mum so dont work and rely entirely on my benefits at th minute an th bank just keep takin n takin an chargin more, th £350 charges are just from 2 weeks 1st april 14th april, please can some one point me in th right direction as i am at a complete loss.

[emmaf01]

It would be an idea to start your own thread so people can help you specifically, Crazysaxon.

 

The first idea would be to get an fresh basic account with an unconnected bank and have your benefits paid into there- then the bank can't take anymore money. Then reclaim all the charges using the template letters in the Bank Templates Library. A SAR is generally the first step, to ascertain the full amount of charges to be refunded.