Charges Made Me O/drawn And Ate Up My Dss Benefits

[Deller]

Nice!!!

[dax]

Here is the origional leter to send to the bank going back to the origional post and taken from the advice given by another memeber already who kindly added it to the forum some time ago, apologies for note giving him personal credit..RBT or something his name was..oops!! sorry..lol......

 

 

{Their name and address}

[Your name and address}

[Date}

RIGHT OF APPROPRIATION

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a {Tax Credit payment }of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

[signature]

 

[print name)

 

{you can add this too if you want}

Social Security Administration Act 1992

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

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

[add-enuff]

Morning all

 

Thanks for all the info. think they're trying to intimidate me again (IT WONT WORK!!!!). Phone call this morning from NW's Debt Management about loan repayment....told them that I deposited enough money to cover this months repayment and that I am NOT willing to discuss anything with them over the 'phone (will follow up with letter to that effect) and complaint to powers that be...

 

DSS benefits are no longer paid into NW account, but I will deposit just enough to cover loan repayments and not a penny more. They can def' stick that int there pipe, and anywhere else that will cause them maximum discomfort!

 

NB: I am going to distribute the info about DSS benefits (Social Seurity Act stuff above) and letter of appropriation to EVERYONE I know who's on benefits. The Banks are abosolute **** to think they can snatch Benefit payments. It's a disgrace....can't help thinking of the people I read about who have commited suicide due to crippling bank debts & charges

[muggins73]

Morning all

DSS benefits are no longer paid into NW account, but I will deposit just enough to cover loan repayments and not a penny more. They can def' stick that int there pipe, and anywhere else that will cause them maximum discomfort!

 

Good move on the benefit bit8)......and right on, on the discomfort, bit:lol:

You stick to your guns, just lurve the fighting talk!!!!!

[add-enuff]

Just a quickie

Recieved copy of defence from COBBETTS (AKA Cobblers )will come back with Q's once I've read that later....

 

Have had more calls texts today and a call from colllections centre which they ended when I informed them I was recording the call!!!!

 

Have prepared 'phone harassment letter' above and letter quoting Social Security Act' and relevance to bank charges.

 

Am thinking of offereing to make a monthly repayment of £10 topay the loan not covered by Loan Protector insurance (was also advised by Citizens Advice Bureau)

 

But wondering if NW will try and deduct from the amount I'm claiming for unfair charges?

 

Any Ideas?

[natwesttookmymoney]

If they don't counter-sue, they will have to pay the full amount ordered by the court (or you accept in settlement). If they pay it into your NW account they will be able to offset any borrowings you have against it.

 

But bear in mind - if they do reduce your debt to them, you'll have less to pay them, ultimately.

 

W

[add-enuff]

Oh what fun we had when I took the 'Telephone Harassment' letter to the branch this afternoon....tell you about that another time...

 

Got the Defence from Cobbetts, I'm hoping it's the usual stuff we all get, but I'll precis it just in case. Would you mind telling me what you thinK...

 

1) They state ...'the Particulars of Claim do not disclose reasonable grounds for bringing a claim....to recover bank charges (and interest thereon)....in the event that the claim is not properly particularised then the Def' will apply to strike out the claim and/or for summary judgement in respect of the same.'

 

2)On allocation the Def' invites the Court to direct that there be a case management conference in order for the court to considermaking appropriate orders.....to give the Claimant the opportunity to properly particularise the claim.

Is this supposed to scare me?

 

3) No admissions are made as to what charges have deen debited to the Claimants bank account

Er, I could give them an updated spreadsheet....

 

4)Re' ...allegation that the contractual provisions pursuant to which the charges have been applied are uncenforceable by virtue of the Unfair Contract Terms Act ("UCTA 1977").....blah, blah, blah

 

then they ask me to "identify the sections" of the above act that i have based my claim on, AND the contractual provisions that I allege are invalid by reference to the UCTA etc...

 

And that until I do that they are unable to plead to the allegation, and because of this the Def' denies that they are liable...

 

So basically they don't know why I have brought the claim, are unaware of the legal basis of the claim, and are unable to understand the relevance of the stated regulations and wont admit that they have taken any charges from my acc' and until I help them to understand where they have gone wrong, they are denying everything...

 

OK so I'm just going to write to Cobblers and acknowledge receipt of the Defence and wait for the bank to send me another copy of Defence along with the Allocation Questionairre.....

 

I wonder how much NW pay Cobblers to retain their services....

 

 

 

 

Hi Westy,

 

just saw your reply when I posted the above,

That was what I was wondering, but I think it is reasonable that they issue payment (cheque) for the full amount claimed...I would argue that the loans are separate and therefore they shouldn't be able to deduct anything from what isessentially my money....of course I would pay them what is owed but until they refund the charegs I can't afford to ( I can barely pay for food and fuel at the moment).....

[muggins73]

Hi add-enuff,

Read through their defence and by-joe if it is not word for word the same as mine. Pretty std blabbering and nothing to worry about, me thinks.

 

On good advice, I chose to ignore this and file my AQ as planned. Natwest happened to mention that 'the Particulars of Claim do not disclose reasonable grounds for bringing' again in their AQ (as if one load of dribble isn't enough:rolleyes:)

I am currently waiting on the judge to instruct me to further particularise my POC or tell them to go to hell. The latter is the best by all accounts, but just incase, I have extended my POC to suit. Which I will be happy to fwd to the court if necessary.

[natwesttookmymoney]

Hi, ad-enuff

 

Understand your position - I was merely advising you what the position is if they pay straight into your bank a/c.

 

Their (non)-defence. It's exactly the same as I got. As far as I can tell, you didn't file through MCOL, you did it in person at your local court. I presume you properly particularised your claim, included the spreadsheets and didn't just file the brief particulars on the front page of the N1?

 

Have a look at the latest 2-3 pages of my thread for my responses and confirm if you did file full particulars.

 

Best

 

Westy

[add-enuff]

Hi Westy, Hi Muggins

 

Sorry if I sounded a bit short folks, didn't mean to....up to my neck in debt and the jokers at NW are winding me up again by text etc. Good thing you mentioned the Particulars of Claim, I did include them in detail on reverse of N1, BUT have just realised that I don't have a copy....will get one from the court today, just to make sure. Will wait to see what Cobblers have to say next.

 

Thanks again for the advice, I do appreciate it....even if I do sound like a grumpy old grinch sometimes...:o

[natwesttookmymoney]

I understand. Sure Muggs does, too.

 

Have a look at the response I made to their defence, both immediately (p 137 p7) and with the AQ. There may be useful info there. If you need to ID the terms and conditions and arguments thereto, let me know. I thought I'd posted them up but it appears I haven't.

 

Best

 

W

[muggins73]

Don't mention it, we all have our grumpy days;)

 

Westys' knowledge far surpassess mine, even I'm inclined to listen to him more, after all both he and Allyxia have taught me all I know:D

 

If they are still hassling you, even after you've sent the harrassment letter, then do as it states..'IIf you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine'. I'm sure it will soon stop!!!!

 

Keep the faith,

muggs xx

[Deller]

Westys' knowledge far surpassess mine, even I'm inclined to listen to him more, after all both he and Allyxia have taught me all I know:grin:

 

 

Why thankyou??

[muggins73]

Why thankyou??

 

Ooops, and deller, sos:oops:

[natwesttookmymoney]

Thank you on mine own behalf.

 

So you should apologise to Deller - I haven't even SEEN 11 pips before, never mind 11 attached to one person!!

 

(We are not worthy! We are not worthy!)

 

 

W

[add-enuff]

Ahhhh, all this loveliness makes me feel warm all over......

[add-enuff]

Incompetence or Bullying?

 

Received letter from NW customer 'care' dept on Fri promising to stop the texts and phone calls (in response to my letter telling them I reported them to OFCOM and OFT).... but another text & silent phone call on Saturday and one just now (in the middle of Coronation St!) to tell me that my acc' was overdrawn and to know when I was going to pay them the money "I owed them" and to 'reassure' me that the calls would stop.

 

Advised them that the acc' was OD because they had taken charges and suggested that they bear in mind The Police would view the repeated calls as Anti Social Behaviour and that in addition to my complaints to OFCOM etc I would make a complaint to the Police if they stupid enough to call me again...Arrrrghhhhh!!!

 

Apparently they have transferred my acc' to their Debt/Credit Management Dept' who will be contacting me by.....wait for it....PHONE!

 

I am under no illusions that I am dealing with an incompetent bunch of wannabee gangsters and Cowboys!!

 

Interesting, I got the girl who called me so flustered that she said that NW were so innundating with claims re' unlawful bank charges that they have set up a special dept' just to handle the claims and complaints and they were having to work longer hours and had been pulled off other jobs to work in the call centre....I advised her to join a union, she said the union was unhappy about the way staff were being dumped on as a result of complaints etc.....do I detect a whiff of dissent in the NW ranks?

 

I hope so a strike would put a smile back on my face!!!!!

 

Oh by the way have written to Cobbetts acknowledging defence so will twiddle my thumbs until I hear from the court...

 

How is everyone else getting on?

[Guest NATTIE]

am not surprised at all, we take the flak for justifying unlawful charges

[add-enuff]

OMG Nattie do you work for them?

 

Now I feel all guilty for my sarky tone on the phone just now....God I hope I haven't spoken to you...It wasn't personal...but she did call when I was watching Corrie even my best mate wouldn't do that

[Guest NATTIE]

yep, current paid employee

[add-enuff]

OK this is the only time I'm gonna ask, but why are you here?

 

Conflict of interests?

 

Banking Super - Hero: fighting from inside the mouth of the monster for the good of little people?

 

I'd put my money (if I had any) on the latter:) You seem like a sweetie!

[Guest NATTIE]

i have answered this question many a time, and I am sure I have given a million and one reasons. The fact i am here helping even though I have no charges to claim shows that not all Bank Workers are the way that some people perceive them. I am still and always have been a believer in the NatWest brand and its people, that may well not change. Hope that answers the question. I also hope people do not jump on you either as people are protective of me on the CAG

[add-enuff]

I DID say that my guess was that you were here for the 'little people' like me who are trying to be treated fairly by the banks... I don't think you have been on the receiving end of / responsible for one of my ill-tempered 'phone conversations with the bank....But who knows? If you have, apologies. But I still want my money back. I got a whole heap of abuse when worked for the DSS Counter Service issuing giros (in the 1980's) but I left when I had a crisis of conscience: I wondered how somone was supposed to live on £36.00 per week. So I went to work with homeless people (in the days when you could chop & change jobs)...but that's another story.If people want to jump on me, so be it. I asked a genuine Q and you gave me a straight answer. Which I respect.

[muggins73]

I think the answer to the question that everyone has been asking good 'ole NATTIE, is apart from being the salt of the earth, is that he does want to go to heaven someday:D

[natwesttookmymoney]

I think the answer to the question that everyone has been asking good 'ole NATTIE, is apart from being the salt of the earth, is that he does want to go to heaven someday:D

 

And you're a sycophant!

 

:D:D:D:D

 

Currying favour with those in the know, Muggs? I admire your taste in friends!!

 

Love

 

Westy