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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How charges are worked out when u go overdrawn


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I've tried to keep this as simple as possible (not an easy task!) hope it helps people understand how the system works. Here's what happens when an item (direct debit / standing order / cheque) is due off your account that will take you over your overdraft limit on RBS current accounts (other banks processes will be similar i'd imagine):

 

 

If an item is taking you over your agreed limit that day then YOU NEED TO CHECK with us if its being paid or not, otherwise you have no way of knowing which option will apply. There is a system in place whereby RBS will assess your account and decide whether or not to pay the direct debit / standing order / cheque:

 

 

Option 1. RBS will pay your item (shows on our system as "autopay")

This will obviously put you over your agreed overdraft limit, and result in what is called a “paid referal fee” of £30 that will be applied on the 6th working day of the next month (NB RBS will only charge you a maximum of 3 of these particular type of fees per month)

You will also be informed on your next statement of a £28 charge for “unauthorised borrowing – maintenance charge” and the date it will be debited to your account (about 2 weeks after you receive your next statement). Careful though - you are charged this £28 for every seperate monthly statement you show as being overdrawn so could be unlucky and would be charged twice if your being overdrawn ran over into your next statement to be sent out.

Essentially you'll be charged twice regardless – once (£30) for us paying an item when there are not enough funds and secondly (£28) for now being over your limit in the current statement period

 

Option 2. RBS will bounce (return) your item (shows on our system as "unpaid")

Although the item will still show on your statement if you look at it that day when you check the next day it will have disappeared (ie not been paid!) and been replaced with a standard £38 “unpaid item charge”.

(NB There is no limit here so if you were unlucky enough to have 1,000 items bounce on one day you would be hit with £38,000 of unpaid item charges!)

If the item is a cheque or Direct Debit normally it will be represented for payment a few days later and will probably bounce again if there are not yet clear funds in the account, resulting in yet another £38 charge for each unpaid item!

Also if this £38 charge(s) takes you over your agreed borrowing limit remember you will be charged the standard £28 maintenance fee as well for every statement period this covers.

 

 

If you can pay money in before 3.30pm (end of the banking day) then we can make sure the item is paid. (You need to tell us at the time that the money is to cover a DD / SO / cheque so we can go in and change the status of the item from "unpaid" or "autopay" to "paid") This will pay the item and in most cases eliminate any charges. (I believe that HBOS is stricter than us and require that customers have available funds to cover items in the account by 23:59:59 the day before or you will be charged and the item could bounce.)

 

 

Hope this is useful! Bear in mind the above illustration is just how RBS work it - other banks will probably be slightly different

Any questions just ask!

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(Yes I work for a bank but am here to help! Please be nice to me! :))

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Great stuff, thanks a lot!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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TheGoodSamaritan,

 

Thanks for that - I always wondered how it worked.

 

One question, do you think it;s wrong?

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Thanks for your insights into the procedures!

 

Now for the $64,000,000 question----------

 

Would you please be prepared to say what

is involved in the so-called "manual intervention"

involved in dealing with Unpaid Items,etc?

 

And maybe your opinions of how well the charges

made to the Account involved relate to any extra

work created as aresult?

 

It is something most users of this site would really

LOVE TO KNOW!

Taming the Halifax!

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I bank with Natwest, which i now believe is part of the RBS Group? I have been into my branch a few times to contest an item/charge in question and have been repeatedly told that i needed to have the funds available the PREVIOUS day, in order to cover payments due out the following day. I've tried to pay money into my account same day but still get charged regardless.

 

Sorry thegoodsamaritan, but i beg to differ.

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Oriental, you need to read the post more carefully. Thegoodsamaritan is saying precisely that, that the money has to be in the day before or you'll get charged.

 

Edited: My mistake, I'm the one who misread. I've obviously been so well trained by NWB that if I read "funds" and "3.30", I AUTOMATICALLY read "the day before". Pavlov, eat your heart ourt.

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I'm only talking about RBS branches. Although RBS owns NAT West they are run as a completely seperate company so have different processes (soz don't know what NAT West's processes are).

 

Lets be clear on this: Royal Bank of Scotland Branches you can pay money in to cover direct debits and standing orders before 3.30pm as long as you tell the teller that this is what the money is for you will avoid charges and the items will be paid. From the sounds of it this is not possible with NAT West.

 

In response to an earlier post I do think the charges are extortionate but feel there needs to be some sort of balance and responsabilty - If we all went overdrawn all the time with no consequences then the economy would go t*ts up and that would ultimately backfire on everyone. Perhaps the simplest solution would be no money in the account = do not let the customer withdraw for anything and do no charge them for this (though there are problems that would need looked at such as how do we treat cheques, debtor interest etc)

If the banks don't make their money this way I think they'll just respond by charging us a small amount for each service we use (ie cashlines, processing cheques & payins) Charging for atm withdrawals is already common in a lot of countries worldwide.

 

As for manual intervention in charges I don't know the ins and outs of how it works I'm afraid - we don't decide this in branch. Common sense would obviously dicate that it does not cost the bank £38 to return a direct debit. All I can say is that some items are marked as auto-pay on system - this would therefore imply to me that its automatic.

 

Thanks for all your words of support btw

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(Yes I work for a bank but am here to help! Please be nice to me! :))

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  • 3 weeks later...

Years ago -and I mean 1999, I worked for Lloyds TSB (well TSB then). They got a print out of people that were overdrawn/over their OD limit and had supervisors who made manual decisions on whether to pay the charge. The general point was that they would pay the item if the funds were in before 11am-12 noon. The sheets if I remember correctly were in account no order, so if you had opened your account recently, your account no was further down the number scale and you had more time (this would also depend on how many DD's were referred also).

 

We had people asking then how our charges were worked out-and we didnt have a blimming clue.........:rolleyes: . The first point of contact (at the Customer Service Desk) could only refund one charge-at that time £25. I got pulled up for being £3 OD as a bank employee.

 

The Bank treated me like poo-which is why I left, and your letters? If they didnt fancy dealing with them-they were filed, under B for Bin.This may explain why some of your letters asking for refunds have gone astray........

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  • 3 weeks later...

Apparently Barclays works as follows....... Out before in.

 

For example If you go into your branch to pay a bill, and to deposit the cash to cover it, then the bill will only be paid if you already have sufficient funds in your account to cover it !

 

Debits are applied to your account before credits.:mad:

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Apparently Barclays works as follows....... Out before in.

 

For example If you go into your branch to pay a bill, and to deposit the cash to cover it, then the bill will only be paid if you already have sufficient funds in your account to cover it !

 

Debits are applied to your account before credits.:mad:

 

Kind of. Debits that come out of your account overnight (cheques, Standing orders and Direct Debits) are applied after credits that go in overnight (salary payments etc). Therefore the amount credited will not be taken into consideration when deciding whether to pay a direct debit etc. There should be funds in the account at the close of business on the previous day to cover any payments and avoid charges.

 

I worked for Barclays until last year, but doubt these things have changed since then.

 

If you have Direct Debits, Cheques or Standing Orders due out of your account, you should have sufficient funds available to pay them in the account by the close of business on the previous working day. Note that, at many branches, credits made during the last hour or half hour of business are not processed until the following working day. There should be a notice giving the counter cut off times displayed in each branch. Barclays will pay against uncleared cheques, up to £1000 per customer, provided the account is not marked as high risk.

 

At the start of each day, a list of all items due to go out of accounts with insufficuent funds is generated. Some of these items will be paid anyway (if it's a small amount or if you have run a good account with the bank). You'll be charged a Paid Referral for going overdrawn by more than £5, which was £25 when I worked there but I think is now £30. These are calculated on the balance at the close of business each day - so if a Direct Debit goes out overnight and makes your account overdrawn, you can pay in cash that day to cover it and avoid a charge.

 

If your balance goes overdrawn by a further pound on a subsiquent day, you will be charged another fee. You will be charged a maximum of one fee per day and three fees per month (where month means your statment period, not calander month). I believe that your first paid referral fee each year is now automatically refunded a few days later. That was introduced just before I left, but may have changed now.

 

If an item is unpaid (bounced), you will be charged an unpaid item fee, which is now £35. You will only be charged one of these per day (even if 10 items bounce), but there is no limit on how many per month you will be charged. If you pay in cash that day, it is technically possible for a member of staff to change a direct debit or standing order to be paid, although in the case of direct debits most staff don't know how to do this. Cheque status cannot be changed unless the bank has made an error, and it's early in the day.

 

There's also a "Chaque Guarantee mis-use fee". I don't know how much this is, and only ever saw one customer being charged them. These apply when a cheque is paid which would have bounced had it not been guaranteed. I'm unsure of the rules surrounding these fees as they were very rare.

 

All the above charges are applied on the day the "service" was provided.

 

The same also applies to Student accounts, but the fees are lower.

 

Premier Banking and Business Banking have their own rules, so I can't comment on charges on these kinds of accounts.

 

Sorry for the length of this message...hope it's clear though.

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  • 2 weeks later...

Rooster i got told that the debits go out first and then the credits go in,

 

thats been my problem with halifax, ive had the credits in there but they paid the cheques first, :mad:

Halifax preliminary letter sent 17/05/06 charges £2661.00

Bog Standard blah blah blah letter received 22nd May 2006.

received lengthy letter dated 24th May 2006 offering £605 pah!

letter before action sent registered 5th June 2006

letter received in response to lba offering £1801.00 errrrr no ta

court action filed 23rd June 2006

deemed served to bank on25th June 2006

notice of acknowledgement of service has been filed

they intend to defend

7th july received letter PAYING IN FULL!!!

 

10th July cash deposit £112.58

10th July cash deposit £2869.00

:D :D :D :D

 

HALIFAX SETTLED IN FULL

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Thanks for your insights into the procedures!

 

Now for the $64,000,000 question----------

 

Would you please be prepared to say what

is involved in the so-called "manual intervention"

involved in dealing with Unpaid Items,etc?

 

And maybe your opinions of how well the charges

made to the Account involved relate to any extra

work created as aresult?

 

It is something most users of this site would really

LOVE TO KNOW!

 

 

 

I think this is actually a 64,000,000,000,000, dollar question.

 

Which as you know (according to Barclays) the banks say have no obligation to reveal under DPA rules.

 

Presumably the staff dont get told either I think only the ones at top admin would know the answer to this one !!!

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 months later...

Double Post removed

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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edited

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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edited

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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Guest NATTIE

i think we are getting off thread but another RBS bod stated a process that was identical to NW so i was suprised how wrong that was. And out telephony units used to offer compensation like it was confetti. Come into the branch and it was sorry and we'll sort it out ring up and it was sorry have £20.

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i think

 

Glad to hear it ;)

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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NatWest IT merged with RBS on 5th October 2002. All 14 million NW accounts were uploaded onto RBS IT system to join the 4 million RBS accounts. Thereafter all NW accounts were handled overnight by the same IBM mainframe software as RBS, although the processing was kept separate for the 2 banks, with minor exceptions such as interest application date retained for NW.

 

Possibly a few small NW frontend systems were retained in NW branches which have no counterpart in RBS. Those who worked in NW IT knew about the notorious tricks. Wherever it suited the bank they rounded interest UP to the nearest penny. Whenever it did not suit they truncated interest DOWNWARDS to the nearest penny.

 

 

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And HOIS (Head OFfice Information System) I used to sit in a Natwest branch and check my RBS account regularly.

 

Wherever it suited the bank they rounded interest UP to the nearest penny. Whenever it did not suit they truncated interest DOWNWARDS to the nearest penny.

 

When NW was successfully integrated into the RBS systems all RBS staff (and NW staff that worked specifically on the integration) got 5% of their salary as a bonus - which was a bonus !

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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  • 5 weeks later...

(I believe that HBOS is stricter than us and require that customers have available funds to cover items in the account by 23:59:59 the day before or you will be charged and the item could bounce.)

 

Yeah I had this - worked out over the weekend that I would go overdrawn on Monday so the boyfriend put money directly into my account by Internet banking before work so that it would clear immediately. So it did, according to my bank statement.

 

Still the 39 pound bounce charge though. When I rang them to point this out, that according to my statement I had always had the money for the thing that went out on Monday, they told me that the money going out clears before the money going in (thereby earning a bit more for them, presumably) and so for a gnats whisker of time I was overdrawn by about ten pounds. So they charged me. Even though according to the statement the money had gone in in time.

 

Desi

“Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals, and everywhere life is full of heroism.”. From Max Erhmann's "Desiderata"

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any A&L phone banking workers here or know their workings?.

 

regarding the labour forced state benefits being payed into english branches.

 

as i understand it scotland has laws stopping the bank making any charges against any state benefits, however for england there does not currently exist such law.

 

however there was some form of cosy chat or some such were the same rights were included in the banking code, is that right?, and if so can A&L just take this protected by law (until it hits the bank account that is) basic existing allowance in charges and is there a way they can be held accountable as an exeption to the usual rule, other than the usual options that i will need to use once i can work out some health problems.

 

in my case, i opened an A&L phone banking account for child benefits and thats all thats ever been payed in there other than a one off £20 cash payment, that account had (was canceled by me) one monthly direct debit to NTL:tw for broadband since nov last year until 2 months ago, nothing else so its clear its for state benefits, and pulling out the odd £20 when well within credit.

 

NTL asked for their DD 1 day early and put my account over by 57P (even though they didnt pay it), then the charges hit, a second request got refused as the charge had been taken by A&L, and these being more than the CB going in, they keep taking and adding on as it will never be cleared.

 

this week i managed to pull £20 out, but theres going to be another 2 £25 charges in 6 or 7 days time, thats the basic info.

 

i know i can do the give me my sons state benefit back, then the LBA and finally the 10 mile trip to the CCourt to get help wording and filling in the N1, but i would really like for some banking people to comment on the banking code or other insider thoughts about a clear cut state benefit account in england today.

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You're entitled to be able to withdraw your benefits - but you need to tell the bank you need to do this. I don't specifically know about A&L but there is more than likely a certain department you need to speak to in order to authorise this. The Phone Banking staff probably won't know much - ask if they have a debt management department you can speak to.

 

Alternatively, divert your benefits into another account, set up no DDs on the new account and ensure you don't ever get into a situation where charges can occur. If you are planning on claiming back the charges from A&L, these should clear the overdrawn balance on that account.

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