Statutory minimum for living costs after debts???

[MrSooty]

As ever, many thanks for your prompt and helpful advice - much appreciated!

[MrSooty]

Is there an Imp in the house!?

 

Just had sight of my son's Bank statement and despite handing in a letter over a week ago, telling them to cease ALL CPA's on his account, they are STILL allowing payments to be made to PDL companies AND have let his £100 OD drift up to over double that - for the first time ever!!!!!!?????

 

This also means that the PDLs we wrote to, instructing THEM to cease deductions because of his circumstances - lost his job, on benefits etc - are also STILL taking money from his account!!!!!!

 

Surely, this is not proper or indeed LEGAL is it?????????

 

Assistance required over here - I'm mad as hell and will be in touch with the Bank shortly, so best call for an ambulance.....

[renegadeimp]

You MUST go straight to the bank and DEMAND a refund. I take it you cancelled the CPA's in writing? If they still wont cancel the CPA's, then you MUST file a formal complaint with the bank and also take down the names and ID's of the employees you talk to. Do NOT talk to the front desk staff. Go as high as you possibly can. If they still refuse to refund, write directly to the CEO of your bank, and also contact the FOS/FSA/OFT.

 

The bank is clearly breaking the law as you have instructed them in writing to cancel the CPA's.

 

Regarding the CPA's you MUST report them to the OFT, FOS and trading standards. Also write a letter of formal complaint and tell them that you demand the money back within 7 working days, or you will be taking legal action against them for theft and fraud.

 

You are indeed correct that it is not legal. Once a creditor has recieved your instructions not to process your account, they must comply unless there is a good reason for them not to, especially since the account owner is on benefits. The same with the bank. There is even a law which says that the bank must cancel a CPA on the account relating to a merchant when you instruct them to.

 

 

In short, you need to make FULL and FORMAL complaints to the relevant authorites, and also write by email ( it's faster) a full formal complaint to the PDL and give them 7 days to return the money. You also must make sure you follow up all the complaints so they do not do this kind of thing to anyone else. It seems to be happening very frequently lately in the PDL "industry".

Edited June 19, 2012 by renegadeimp

[MrSooty]

Breaking news!!!

 

After a lot of wasted time speaking with the lower ranks and escalating the issue up the ladder, they have called back to repeat all the same rubbish again......

 

However, I also tried another route and found a very knowledgeable chap in the Dispute Department, who is in the process of contacting all the offenders to cease any future deductions and REFUND the payments taken yesterday!!!

 

If he is as good as his word, then that is a great result - but you do have to fight for it - not for the fainthearted for sure!!!

 

Will post tomorrow to confirm refund made....

[renegadeimp]

Make sure you got that employees name/ID so you can reference him if the refunds fail to appear.

[MrSooty]

I did - trust me on these things

 

It gets better though, the refunds have already appeared on my son's account - so well done Lloyds TSB

[MrSooty]

Would LOVE to a fly on the wall of 2 particular PDL companies when they spot the reversals in their accounts

[renegadeimp]

Theyll probably try to contest the refunds. However if the CPA's were cancelled then the money is rightfully your sons. Just be very wary they dont try and lie to the bank as some PDL's have done in the past.