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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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Bank Charges Affecting Benefits?


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*whispers so no goverment bods hear this*

Does anyone know if reclaiming bank charges can have an affect on your benefits? Im sure it wouldnt affect working/child tax credits, as this is money earned by you already, which was unlawfully taken. However I remember claiming HB and CTB a few years back, and you are required to provide bank statements, and declare all income, wherever the source. Income support/JSA is another one... Could this be a problem? Has anyone had any problems when claiming these beneifts, and the bank charge refund showing up on their statements??

Im very curious to know....

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Very glad you are asking this question since I'm on H/B. Gonna have to do some reading because i intend to save the money i win in a high interest saving account for a short period and need to know what the savings freshold is before it affects your benefit. I'm not sure but i could argue that this is not income as such because the charges in most cases were taken from my benefit therefor it isn't an extra income i'm only getting back whats been taken from me. In a way, its almost like saying we can't give u benefit because you have taken out a loan even though you will have to pay this money!

 

Will try to find a site that gives simple answers to these questions unless someone else answers.

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I know - it seems simple to me, its money you have already had, and have claimed it back, just like getting a refund from a shop ! But I remember avidly what these people were like! Not the brightest buttons in the box... having to tell people how to do there job is just unbelieveable!

 

I think the savings thing was around £8000 max, but i seem to remember reading something to say it was £3000 when it started to affect the claim. However if your claim was more than this, I would argue that this money is a refund, its not savings. You could possibly get it in an account for your child, or seperate it between family memebers etc! I would get my mum to hold it in an account for me, if i was in that situation!

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Income from such claims should not be taken into account as income or savings, since it is money that you have lost that you are legally due. Of course, you would need to speak to someone who knows about this to confirm this.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Thanks. having though some more, i thinks I'd have a prob if i decided to save it because at that point, i would start earning interest on the account and therefore it could be seen as income from that point onwards.

 

I can just see the battle ahead as I've found them to be the most incompetent people ever. I'm still fighting an overpayment from 2003 which they have been deducting from my H/B and as it turns out, they may have actually underpaid me. Thanks to this site I've now learnt to questions all sorts of financial authorities.

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  • 7 months later...

Child Tax credits/Child Benefit are not means tested - therefore any refund made would not affect these benefits.

 

Housing Benefit and Council Tax benefits ARE means tested.

The threshold for impact is any amount is £6000.

Any savings (or accumulation of savings amounts) exceeding this threshold - means a pro-rata reduction in how the benefit amounts are calculated.

£1 must be added to your available weekly income for each additional £250 or part thereof in excess of £6000.

If you have over £16000 in savings, unless in certain exceptional circumstances, you will not be entitled to any assistance.

 

Hope this helps.

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Bank refunds are NOT income. It is money that you have already declared (i.e. received £100 benefit, bank took £35 or earned £100 income after tax and bank took £35).

 

Any interest you receive back IS counted as income so needs to be declared (i.e. £100 charges + £20 interest. Income is £20).

 

Any compensation you receive as a result of a claim is also NOT income (i.e. you might receive £500 because they defaulted you by mistake). If you claim any benefit just let them know it is this and not income. They cannot do anything because the Inland Revenue have a special code for compensation payments so it is not counted as income.

 

Remember, it is the Inland Revenue who decide what is income and what is not, not any benefit payers. They have to accept the government rules as applied through the IR. If the IR don't call it income, nobody else can.

 

I had the same problem with council tax a few years ago and they asked where i got a large sum of money from (endowment compensation). I showed them the letter from the endowment company which stated they have told the Inland Revenue about this payment and i don't need to declare it as income. Then they asked what i did with it. I told them its not your place to ask. Bank charges fall into the same category.

 

Hope this helps.

  • Haha 1
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Thanks for that tifo - didn't know that.

Makes my OH's case very interesting, as potential for a £7k claim, we were panicing about the £6k threshold for savings.

 

Thank you!

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Savings, of course, is also income which you have declared but have not spent. In a way, the benefit people could twist this around and say refunds are savings. They'll try anything to get themselves to pay you less.

 

I don't know how the bank refund affects savings so please check up or maybe someone may come along and offer something. I personally haven't come across this problem as my claims are under £1k each.

 

I suppose if you receive the money then move it somewhere else then you haven't saved it. Maybe you have creditors or family you have to pay back etc.

 

But what i stated in my last post is also true.

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Thanks for that Pkea

 

Looks like at lot of people will be making donations to charities/family members on receipt of large settlements then :rolleyes:

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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  • 5 months later...

Hi I am on Income support and have recently been affect by bank charges of £28 for me going over my limit of like £2.00 , these charges are coming of my benefit , I also have an overdraft would that affect me in getting my charges back.

 

Please help dont know where to start :confused:

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It kinda depends on the bank. Which bank are you with?

 

If its just one charge then call the bank customer services and tell them that you are on benefits and that you would like the charge refunded. If they refuse (which they usually will) say that you want to make an official complaint. They will usually then agree to refund the charge rather than log a complaint.

 

Let us know how you get on -

A £35 pound bank charge is not a charge for a service. Its theft.

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  • 10 months later...

i am on

carers allwance, income support and DLA. on my bank statemens it has my NI with dwp at the end.

 

and back in round oct 06, by bank hsbc took most of it.

 

was the bank Legally allowed to do that?

 

after this happend my bank give me a overdraft of £500, now that has gone up to 1K

 

after reading about all the posts about benfits beeing taken can the banks take your benfit money or not.

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i am on

 

carers allwance, income support and DLA. on my bank statemens it has my NI with dwp at the end.

 

and back in round oct 06, by bank hsbc took most of it.

 

was the bank Legally allowed to do that?Yes, unfortunately they can.

 

after this happend my bank give me a overdraft of £500, now that has gone up to 1K

 

after reading about all the posts about benfits beeing taken can the banks take your benfit money or not.

Yes they can and Steven064 has a thread on that topic

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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