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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.
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Is the bank taking your Benefits ?


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Just to update you all; I have had no reply at all from the bank regarding my email sent last Wednesday. This is also considering my local branch has a copy of the letter too.

 

I'm sure they will get back to me - never one to miss an opportunity to charge you for something, I have no doubt they will tell me the law doesn't apply to them and charge me for having to reply to me, or something! ;)

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This is why all mine are SO and i am in control if iam stretched a bit one week i transfer it to the next. All my bills are paid up in lump sum payments and in as few payments as possible, between both water bills 5 payments have been made and all paid off now. water bill 1 for sewerage was £200+ water bill 2 was £200 and summing so one week i paid 3100 to bill one then 2nd week £100 to bill one then following week £100 to bill 2 then again £100 to bill 2 then the rest towards both bills.

 

I agree GM, but that is quite a lot to pay when your weekly income is just benefits. I wouldn't be able to pay those amounts. I spent 2 hours at my kitchen table today agreeing a repayment amount on my water bill arrears. They have only arisen from their own tariff increases in the last 2 years, not from my consumption but I have to pay an additional £10 p.m. for 2 years to repay it:confused: Don't remember getting an additional amount of benefit?

 

Just to update you all; I have had no reply at all from the bank regarding my email sent last Wednesday. This is also considering my local branch has a copy of the letter too.

 

I'm sure they will get back to me - never one to miss an opportunity to charge you for something, I have no doubt they will tell me the law doesn't apply to them and charge me for having to reply to me, or something! ;)

 

 

Open any other account you can and get all your deposits paid into that and LEAVE your other bank. They're all hopefully hoping for the bank decision next week to go in their favour:cool:

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'Vampyra' - I've learnt (the hard way) to send 'snail mail' rather than e-mails. With HSBC their replies to my messages on Internet Banking left a lot to be desired. I kept the envisaged 'snotty nosed' person tapping away telling me I'm not fit to burn.

 

'AA99' - Agreed totally regarding moving accounts. Bank accounts are automated systems and do not/are not setup to detect benefits. The fact is simple - charges get added a lot qquicker than a responce from the bank. Kind of 'we are in control' attitude and unless you have premium accounts you are 'farmed off' to the 3rd world countries (who ahve no control or authority) to deal with. Consider that the bank considers you to be unworthy of them and they are not bothered if you are not around except to extract charges wherever possible. Consider that people who have money get free lunches (and it's true) from my long gone days of wealth. Hey 'AA99' you have a kitchen table?! LOL

 

'TheGodMother' - I have to ask, why bother with S/O's at all? Just do an Excel spreadsheet with what needs to be paid and work from that. You can do an online payment when you can afford it that way rather that have 'hassle' from the bank. It's funny though that HSBC paid out straight away but LloydsTSB take 2 days - not so good if you are after paing something a bit smartish. I have to say I used to have loads of D/D's and S/O's that paid after I was paid (when I was employed) and then that 'day' came when there was no money! Nightmare I can assure you. The phone was 'hot' with calls from India! :p

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Mine is completely outta my benefits to.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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hi went to bank today and found nearly all my child benefit gone on bank charges phoned bank and they said that they would pay back one of the charges but no more and that would take 7 to 10 days to go back into my acount i told them that was no good cos i had no money i also said to them that i thought it was ilegal to take benifits he went away and came back and said if i went to my branch and explained their they would let me withdraw the money i went to my branch and they said no so i asked to use their phone to talk to halifax again this time they said i was given wrong info and it was not ilegal for them to take benifits they said that once it enters into someones acount its clased as a credit and then they can take it is this right

thanks buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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hi went to bank today and found nearly all my child benefit gone on bank charges phoned bank and they said that they would pay back one of the charges but no more and that would take 7 to 10 days to go back into my acount i told them that was no good cos i had no money i also said to them that i thought it was ilegal to take benifits he went away and came back and said if i went to my branch and explained their they would let me withdraw the money i went to my branch and they said no so i asked to use their phone to talk to halifax again this time they said i was given wrong info and it was not ilegal for them to take benifits they said that once it enters into someones acount its clased as a credit and then they can take it is this right

thanks buffy

 

I'd go back to the branch and this time a little bit more firm and maybe vocal. The worst thing a branch likes is to see someone sobbing in front of customers. The reality is that a credit can be put back into an account (as in reversal os charges) in a moment.

You seem to have been given wrong information as in 7/10 days. The branch should have called someone as they probably have no authority to refund charges as base level.

This is quite tongue in cheek but my mother in law (passed away long ago now sadly) refused to leave till they dealt with her fairly. She resembled 'Blanche' from Corrie and I tell you in the end they conformed. If you have kids then take them to the branch too. If you have a friend to go with you all the better. These are really last resorts but they normally work.

Sorry I'm not being too helpful here. Just what I would suggest in such a situation. Of course your next step should be to open a Basic Account elsewhere where there are no overdrafts and you could speak and ensure that anything that would get you into an overdarft situation to simply be returned without charge.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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hi went to bank today and found nearly all my child benefit gone on bank charges phoned bank and they said that they would pay back one of the charges but no more and that would take 7 to 10 days to go back into my acount i told them that was no good cos i had no money i also said to them that i thought it was ilegal to take benifits he went away and came back and said if i went to my branch and explained their they would let me withdraw the money i went to my branch and they said no so i asked to use their phone to talk to halifax again this time they said i was given wrong info and it was not ilegal for them to take benifits they said that once it enters into someones acount its clased as a credit and then they can take it is this right

thanks buffy

 

 

Please just report them to all the authories. You can do it online, quick and easy, take heart :)

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well i guess as of the court ruling today they can do what they like

 

NO THEY CAN'T:evil: You still have plenty Consumer laws to protect you, especially if all your income is benefits. And Child Benefit payments are definitely not intended to pay bank charges:evil:

 

Open a quick, easy, online account with someone else and get your benefits transferred there, then you can get to your money before your existing bank can! I've just done it, and what a relief!:)

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Yes and no.

 

They are not ment to take them but they do.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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i've been told that banks cannot take bank fees you may occur from your child benefit or any other benefit you get is this true.

 

They are not supposed to take money destined for priority bills such as utilities, council tax, rent/mortgage.

 

You would be best advised to set up a parachute account with another bank and have your benefits paid into the new account. Once the account is up and running, stop any Direct Debits, standing orders you have with the present bank.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm afraid the downside to all this is the time factor. Before a bank charges you a fee they will (or are supposed to) tell you the date it will be charged. If you get to that date the fees will be charged. The aim is to have them cancelled before that date and not wait till they are applied.

 

As 'CitizenB' perfectly states get a parachute account with a different bank! Allow time because government departments are not that fast changing bank payment details either.

 

Whilst we all comment on 'are they allowed/not allowed' I've never yet seen a case of this being challenged. Has anyone? Banks are commercial operations that do things, then if really forced, they 'might' back-off.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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As 'CitizenB' perfectly states get a parachute account with a different bank! Allow time because government departments are not that fast changing bank payment details either.

 

My various benefit offices took the change of bank instruction over the phone and had them all switched within a week. Nearly all my benefits are paid weekly now into the new account.

 

There is a letter somewhere called something like Letter of Appropriation I think. You basically write to the bank, saying XXX of benefit will be credited on XXX and this is to pay for XXXX which will be debited on XXXXX.

 

:cool:

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Hi

 

I think it might fall into this category, but I might be wrong so please don't quote me.

 

I did however send a letter off for a friend of mine to his credit card company quoting this and they backed off and froze his account until he is back on his feet.

 

Social Security Administration Act 1992 Section 187:

187.—(1) Subject to the provision of this Act, every assignment of or charge on–

(a) benefit as defined in section 122 of the Contributions and Benefits Act; [3(aa) a jobseeker’s allowance;]

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void;

 

Social Security Administration Act 1992 Section 187 forbids any organisation that is regulated by the banking code from taking payment from peoples benefits.

 

So if this happens again I would walk into the bank, ask for the manager and put this regulation in front of him/her and tell him/her in no uncertain terms that unless they refund it immediately you will contact Social Security and let them deal with it. Or go and see a solicitor as you are entitled to 30mins free advice and for a small fee they would even send a letter of complaint to your bank and I bet you a pound to a penny they wouldn't do it again.

 

What makes the matter worse is that the Halifax is 85% owned by the taxpayer and they still act like they can do whatever they like.

 

It's OK as long as they all kept their jobs while millions of other people suffered.

 

I'll stop ranting now sorry.

 

 

Hope that helps

Scrapper Coco :cool:

Edited by Scrapper

"I just want to make people silky-smooth!"

 

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Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Good luck on that one as i can say for certain that some banks are ignoring that as its classed as a income.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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That's fine I'm only advising what the law states and giving advice as it was required. It worked for my friend. What people chose to do with the information I provided is up to them.

 

The reason this doesn't work for most people is because 9 out of 10 banks do not know the law (FACT) and the lay person doesn't know their rights and they accept it as fact and give up at the first hurdle as they see banks as the authority and they must know what they are talking about (B*ll*cks they do). That's why they come to forums for advice.

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

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That's fine I'm only advising what the law states and giving advice as it was required. It worked for my friend. What people chose to do with the information I provided is up to them.

 

The reason this doesn't work for most people is because 9 out of 10 banks do not know the law (FACT) and the lay person doesn't know their rights and they accept it as fact and give up at the first hurdle as they see banks as the authority and they must know what they are talking about (B*ll*cks they do). That's why they come to forums for advice.

 

Scrapper Coco :cool:

 

 

I have been using that law since i have been on the forums and only once has the bank given me my money back as a guesture of good will and even in writing stated the fact that we ware in benefits its classed as a income as the letters state

 

What the law says you need to live on when u get the entitlement letter.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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NO THEY CAN'T:evil: You still have plenty Consumer laws to protect you, especially if all your income is benefits. And Child Benefit payments are definitely not intended to pay bank charges:evil:

 

Open a quick, easy, online account with someone else and get your benefits transferred there, then you can get to your money before your existing bank can! I've just done it, and what a relief!:)

 

i was on jsa. I went to the bank like i do every month. Paid in money then did my standing order. The money was there. I checked. Like i do every month. 3 days later i get a letter telling me "insufficiant funds.....38 charge...." They refuse to accept the money was there, even though i have a time/dated receipt and the reciept from paying the money into there machines. They left me with nothing for 2 weeks. Now just to add salt to the wound they are ringing me up to 3 times a day and writing offering "to mke an appontment with a money advisor for advice on how to avoid further charges":-x

 

Ive written to them several times. Ive been in. Ive spoken to the manager. Ive put a complaint in with the fos. But the facts are they refuse to pay it back and yes they CAN do what they like. If i didnt need a bank account for my wages to go into i would close it and never have one again.:mad:

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Well done Scrapper, am sure that is one of the laws and yes, it is worth pointing out to the bank! The other letter I referred to is

 

You may be able to prevent this by serving them with a letter asserting your right of appropriation.

It's in the templates library

The bank are obliged to respect your right of appropriation - but sometimes they need to be forced.

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