Is the bank taking your Benefits ?

[JonCris]

Also fox tell them as you have nothing to lose & in veiw of recent media interest you will be telling your story to the press as well as the FO

[tinkerbella22]

Ive just seen this thread and its brilliant.

Im going to be sending a letter of appropriation to Abbey seening as they want to take most of my child benefit leaving me with nothing for my 1 yr old.

 

Do I send the letter to registered head office or local branch??

 

Tink x.x.x

[less2303]

It seems Nat West at least are now playing ball alot more readily.

 

I have just been charged £114.00 for 3 returned Direct Debits yesterday (£38.00 each) The Direct debits were £37.00, £2.81, and £3.80, all less than the amount of charges for each one!

 

Although they will not negotiate on the charges, as soon as I mentioned all my benefits had been swallowed up with charges, they immediately put a note on my account allowing me to go in and take the full benefit amount over the counter!

 

This was without me having to mention anything about the Social Security Act.

[less2303]

And finally....!

 

I noticed that there were actually sufficient funds to pay the two smaller Direct Debits, so I phoned the bank back.

 

The two charges have been refunded, and I also managed to get the third charge halved.

 

This has allowed me a quick fix to the situation, which although it has still cost me, has been sorted quickly, which I am happy with.

 

I suppose the point is, sometimes, instead of going staight down the illegal bank chages route, things can get sorted by remaining firm but polite.

 

Obviously, not ideal for everyone, but in this instance it suits me.

[maybelline]

I agree that firm and polite is definately worth a go, but that never worked for me before I found CAG and knew more about my rights, I am pleased you did not have to go through the stress of going the legal route, maybe the banks are more willing to listen these days:)

[johnwilsonstorey]

Your very lucky its only recently Banks have backed down when being polite and firm. Nowadays they know they are in the wrong and seem to do all they can to accomodate the customer.

In the not too distant past, however polite you were it was a case of stuff what you want, I want my charges paid

[Vital Spark]

I have been refunded £750 on one of my accounts: the one into which my benefits are paid. The letter informing me that it would be in my account within a few days also told me that the bank consider themselves to "not be in the wrong" regarding charges and that this wqas all they would refund. If I wanted to take the matter up with the Financial Ombudsman, I must do it within the next 6 months.

 

They enclosed the usual directions for Fiancial Ombudsman complaints.

 

I managed to contact Robertxc, a Scottish moderator, who is willing to help me. LOL! I tried to call the number he gave me yesterday but DYSLEXIA RULES, KO! : in true form, I recorded the digit 9 as a 6.

 

See why I have so much trouble doign this alone?

 

I'm still going for the lot, btw.

[JonCris]

Ive just seen this thread and its brilliant.

Im going to be sending a letter of appropriation to Abbey seening as they want to take most of my child benefit leaving me with nothing for my 1 yr old.

 

Do I send the letter to registered head office or local branch??

 

Tink x.x.x

 

Tink take it into your local branch & hand it to the manager.Also don't forget to get a signature

[purejayne]

I've had this probelm with Abbey. I went overdrawn twice - onece with a £7.50 visa debit and once with a £15.00 cheque, only for a day on each and Abbey have charged me £80.00. I lodged a complaint and also wrote to them asking that the money not be taken from my account until the complaint had been sorted out. Lo and behold, I logged onto my account and found that the £80.00 had been taken out swallowing up my child tax credit if £62.00 in the process. I was fuming.

 

I rang Abbey and asked them to refund the charges immediately. They said someone would investigate and get back to me. No-one did. I rang three times and each time someone promised to get back to me but with no response.

 

I rang them again today and spoke to someone who said she had spoken to a Senior Manager and they could not help me - they refused to refund the charges. I said I rely on that money to feed and clothe my child - they said "sorry - nothing we can do. We would only do that in exceptional circumstances, ie a death." I quoted the Social Security Act 1992 and they said it only applied to benefits such as invalidity or income support and not benefits credited to my account such as Tax Credits.

 

I said I would complain to the Ombudsman - basically they said "be my guest but you're not getting your money back".

 

What can I do now?

[basil the birman]

Purejayne - I think you'll find this act applies to ALL means tested benefits and that includes tax credits; check out the act for yourself. Good luck.

[molly316]

Wow this is truly inspirational and yes great letter, any objections if I use it as well please?

 

Having been given the usual flannel responses to my first letter, I was looking at LBA's to get charges back. On a few occaisions they have taken monies off my benefits and left me nothing. Rather than continue this route, maybe I should be looking at this option for my bank..........

 

Molly x

 

UPDATE:

 

well I sent the letter and like Purejayne it didnt work just got the usual flannel about them not being charges etc

 

Looks like I will have to continue with the LBA unless anyone else has any other ideas please?

 

M x

[purejayne]

I think it's disgusting they can just help themselves to benefits from peoples accounts - this amounts to theft in my book. The only other route I can think of going down is the Ombudsman or pursuing the Bank for all charges back which I'm preparing to do.

 

I did ring the papers who looked up the Social Security Act 1992 but said that this only applied to people whose main source of income were benefits and not people who had a main source of income such as a regular salary also paid into their account. Can anyone help clarify this?

[wakenthedead]

Hi guys - just an update on my situation with the bank stealing my benefits - WHICH THEY ARE STILL DOING - my thread is here - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/61208-wakenthedead-bos-1-a.html

 

The DWP have been notified, as have the DTI, my doctors are involved but it's still dragging on and on. I'm switching my benefits to my parachute account but it now looks as if I'll have to go to court just to get back something which they illegaly took in the first place. Fingers crossed.

 

L

x

[TideTurner]

Let's not lose track here people. These charges ARE ILLEGAL.

 

I'm not on benefits, but if I was and they were stolen, I'd write a letter to the Minister for DWP, stating the legislation quoted here and copy it to my MP and local DWP office. I would ask the local office to pay me in cash, as the benefits I am due, which I have recently been forced to receive by automated means (to save on costs and increase their ability to detect fraud) are being stolen from me.

 

Once they have these letters, they must order an investigation into what benefits have been taken, and from whom.

 

Tide

[wakenthedead]

I admire your tenacity Tide and you are completely right, but don't forget a lot of people on benefits aren't as strong as they could or should be. I'm agorophobic and suffer horrendous panic attacks so stomping into the bank to demand my money would be akin to jumping in front of a train. I have literally run out of options - I can't use a telephone, I cant go in to see them. They don't correspond by email so I'm left with snail mail. And still they ignore me.

 

But for anyone who IS able - get into that bank and stomp stomp stomp!

 

L

x

[maybelline]

it might be possible to appoint a 'friend' to do your stomping for you, by maybe giving them a letter of authority to discuss your business (you could limit the extent) the thought of banks or any other institutions running rings round the vulnerable, for whatever reason they are excluded from the options open to others, is outrageous to me, speaking from experience, very good luck wakenthedead.

[sixfootblonde]

Hi all,

 

New here

 

Quick question - can you send off the "do not touch my benefits" letter after the benefits have been paid in for a few years? Or can you only send letter before it is set up?

 

Thank you

[surprise]

Advice for my mentally ill daughter on this topic. At the moment I claiming her charges back from Lloyds and they have today sent her another charge of £35.00 for unreturned D/D of £40.00 set up to pay her Lloyds Credit Card, who incidentally charged her £12.00 for unreturned cheque. Payment was due Monday, 19th February and I was putting the money in the bank on the 19th for her but discovered they had already returned the D/D so I paid the credit card bill on 19th day due. She has had a letter to say that £35.00 will be charged on 2nd April. Can I send the said letter.

 

All help gratefully received

[TideTurner]

Hi all,

 

New here

 

Quick question - can you send off the "do not touch my benefits" letter after the benefits have been paid in for a few years? Or can you only send letter before it is set up?

 

Thank you

 

You can send this letter at any time, as what they are doing is unlawful. You should also look at any other charges they have made to your account and demand they are repaid.

 

Advice for my mentally ill daughter on this topic. At the moment I claiming her charges back from Lloyds and they have today sent her another charge of £35.00 for unreturned D/D of £40.00 set up to pay her Lloyds Credit Card, who incidentally charged her £12.00 for unreturned cheque. Payment was due Monday, 19th February and I was putting the money in the bank on the 19th for her but discovered they had already returned the D/D so I paid the credit card bill on 19th day due. She has had a letter to say that £35.00 will be charged on 2nd April. Can I send the said letter.

 

All help gratefully received

 

This Account needs a complete SAR to find out what the charges have been in the past. Do you keep your statements? All charges should be reclaimed together with interest. You should note the date of discovery as today, in case they claim you cannot go back more than six years.

If you have got your statements, go through them and identify all of the charges, then write and request they are put back in your account, together with any interest charged without delay.

If you haven't got them, make a SAR (template in the Library) and get copies of all of your information before you make a claim.

Have these charges caused you any damage? Has your daughter's information been passed to anybody else without your / her consent? If so, you may be entitled to compensation.

The Information Commissioners Office can give you more details.

 

Tide

[surprise]

Thanks for your response.

I had her statements going back to July 2002 and I sent them a letter claiming back the charges thereon amounting to £325.00 didn't claim interest. Some of the items they charged her for ie: 3 cheques returned despite the fact I put the money in the same day to cover them. I complained to Lloyds and I was told the money had to be in the day before they were due to come out. They actually charge £20.00 for unauthorised o/d for £4.13. They are aware of her circumstances, being on low benefits and DLA. Problem started to happen when payments were paid into bank instead of payment book. Probably a sad day for many people on benefits when they did away with payment books. Lloyds have 14 days from 8th March to respond. What can I do about this other charge of £35 to be paid 2nd Apri.

 

Thanks in advance for your reply.

[TideTurner]

Surprise,

 

You need to send them the letter, and emphasise that past charges are currently in dispute. Point out that the making of these charges is unlawful, therefore you do not expect any to be made in the future, in particular the charge on the 2nd April.

 

State "Should you believe you are entitled to make such charges / deductions from my Daughter's benefits, I would be grateful if you would provide details of any legislation upon which you would rely to support same".

 

Give them the legislation and inform them you will be reporting this to the DWP, and tell the DWP that the current methods they are using to ensure your daughter has enough money to live on are flawed, and that the money is being taken before it gets to her.

 

Safe? Your money would be safer if a druggie followed you home from the Post Office.

 

When you were forced to have your benefits paid into an account, can you remember anything about the Banks being forced to allow you to open an account?

 

Tide

[surprise]

Thank you for your help. Will do this now.

[purejayne]

Has anyone got a contact number for the DWP or a person to speak to? I rang them about my child tax credits being taken out by Abbey recently and they referred me to the Inland Revenue who in turn referred me to the Citizens Advice Bureau. I feel as if I'm going round in circles and Abbey will not back down.

[TideTurner]

Purejayne,

 

You have been fobbed off. Your argument is not with the DWP, they have paid. Your argument is with the people who are taking these benefits at source. You need to complain again to the Abbey, and put it in writing. Make sure you date your letter, and make notes of any telephone calls you have (date, time, who you spoke to, what was said).

 

Tide

[JonCris]

for the template letter go to the 1st post by Martin3030. THis tells the bank that if they take your benefits they are acting illegaly as they are in breach of the Social Security Act

 

The letter can be sent at anytime & you can demand they refund of all such previous penalty charges taken from your account