Jump to content


  • Tweets

  • Posts

    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Is the bank taking your Benefits ?


MARTIN3030
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4092 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

In our area we have got contact details of how and when to contact the MP. If you don't have such a thing I would go to your Library and they will tell you. Our MP does a surgery once a month. He was seeing Lloyds and he told me he was going to raise the issue with them. I would take the letter of Appropriate into the Branch tomorrow.

Good luck

Link to post
Share on other sites

  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I found a link to my MP via the houses of parliament website, they have a link to the MP's

try this UK Parliament - alms

my MP's email can be found so hopefully yours will too.

Good Luck and dont give up, if the money is due to come out of your account on Friday, and your benefits go in on Saturday, then you might be able to do something about it tomorrow..... What about phoning up Family Tax credit or whoever is paying you, they should have some advice for you too.....

Good Luck,

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

thanks for that both.i shall be printing the letters off today and taking them up and then on saturday ill phone tax credits to see if they can step in .banks need shooting in my opinion!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

I agree, it's totally unfair.

This won't help you for this week, but if I were you I would contact your benefits and explain your banking difficulties, and ask them to temporarily send you payments by giro, whilst you sort out another bank account. Then try to get your overdraft (or whatever it is) paid back at a realistic payment per week.

A friend of mine has just done this, due to banking issues and she found the benefits people very obliging.

Good Luck, you don't deserve to go through hardship because of the banks.

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

well just spoke to tax credits she said there was nothing she could do except put it in a different account and this weeks has already been issued! the bank have so far taken £256 since 27th april!!!! ever feel like screaming!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

regularly..... and I am screaming with you here !!!

So frustrating for you, my mate had a nasty overdraft and was loosing her benefits regularly, she managed to get them to send a giro while she changed her accounts, don't know why it didn't work for you.... sorry......

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

i know but i suppose its like evrything else it depends who u talk to on the phone some are more forthcoming than others! ah well ..............

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Lloyds TSB took £50 of my benefits this week to pay arrears on my lloyds TSB credit card as they have been doing at irregular intervals and without any prior notice of dates and amounts since January. This left me with £2 to survive on for the next 10 days.

 

I have spent hours on the phone to the Customer Support Unit, The Credit Card Concerns Department, In my branch and have told both the Credit card dept and my branch to stop them taking the money out of my account. Lloyds Bank said that the LLoyds TSB Credit Card people were entitled to take the money as it was in the Credit Card T&Cs. I have checked my original agreement and there was no such clause in it, they have added that clause last year!! They advised me to open an account with another bank and have my benefits paid in there, I said this was unnacceptable advice from my own bank.

 

I discovered this thread and went in to my branch armed with

1) The Social Social Security Administration Act 1992.

2) The Secretary of State's Letter to the Head of the BBA.

3) My bank statements showing the clearly labelled DWP Incap Benefit payments and no other form of income.

 

I spoke to the manager who went on the same wild goose chase I had been on speaking to their credit card call centre in India asking them to refund the money, guess what.... they refused!

 

I explained to the manager and showed him the "benefits to be inalienable" section of the SSAA 1992 and the paragraph of the Sec of State's letter which said it was illegal for banks to do this. He rang someone else who said it was the bank's view that I had "pre-spent" my benefits!! Totally ignoring the fact money was transferred out of my account to pay another account.

 

My bank manager said there was nothing more he had the authority to do.

 

I dispair!!!!!

 

IAN

 

 

I discussed the issue with the manager

Link to post
Share on other sites

  • 2 weeks later...

hello everyone just discovered this thread im fairly new forgive the typo errors .im about to start case against abbey please see my thread and wa s due to file n1 at court today. is it realy easy to get your money back if all charges came from benefit. will file monday now as i need to find out whether to claim on these grounds as well as the usual stuff. any advice welcomed. thanks to you all for getting me this far.

claiming 2585 plus 8%. dont know how to divide interest so that seemed simpler. Told abbey of revised grounds for claiming by phone today waiting for a phone call from mandy thomas manager at milton keynes complaints dptmt. Please help.

Link to post
Share on other sites

You can claim on both grounds. They shouldn't be taking your benefits period!

 

Now take the time & read the whole of this thread. It will answer most of your questions

Link to post
Share on other sites

would this apply to CSA payments coming into my account?

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

Link to post
Share on other sites

would this apply to CSA payments coming into my account?

 

If they are for child maintenance definitely as the money is not yours but the childs/childrens as it is for their upkeep.

Link to post
Share on other sites

glad I know about this now as I have had it taken away lots of times, although wish I had the knowledge years ago, thanks xx

 

 

btw don't add the 8% to letters, this should only go on to your court claim at N1 stage.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

Link to post
Share on other sites

i didnt know about the benefits thing when i filed my N1 a while ago.how would i bring this to the courts attention? all charges were and still are being taken out of my WFTC benefit.they take about half of my money eachweek and its been getting worse for 6-8 weeks im behind with everything! ive told the bank about the benefits and taking money from them but they dont want to know.theyve said theyll look into it in 14 days but its been 2 weeks already without another 2 weeks.and theyve took £76 again last week and another one due out the end of may for £28!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Send the letter at the start of this thread. Then come back after their response. If you have hearing date coming up soon brush up your knowledge on the SS Act.

 

Make copies (1 for the JUdge & 1 for the defence) of your skeleton argument, seek the courts permission & introduce at the hearing

Link to post
Share on other sites

NO!

 

CI is the same interest that they charge you for unauthorised borrowing which can vary by as much as 25% to 35% from bank to bank.

 

Compound is that interest calculated on a daily basis.

Link to post
Share on other sites

Hi sister in law is thinking of going after tsb and natwest both accounts only used for different benefits going in will she still have to request statements and go the way everyone else has to or can she just say about not being able to take against benefits

Link to post
Share on other sites

Hi sister in law is thinking of going after tsb and NatWest both accounts only used for different benefits going in will she still have to request statements and go the way everyone else has to or can she just say about not being able to take against benefits

 

She will probably have to do both but 1st she should cut & paste the template letter at the start of this thread not forgetting to amend it accordingly

Link to post
Share on other sites

Hi, I have mounting and unpaid debts against several credit card companies including LloydsTSB. Last year I became ill and unable to work and I am currently receiving income support of £56 per week. This is my only income and is paid fortnightly into my Lloyds current account. I have just gone to draw out some money and I've seen that Lloyds Credit Card have withdrawn my income support payment in lieu of my failed payments. What can I do to stop this? Would it be easy to open a new bank account with my current bad credit rating? I am despairing.

Link to post
Share on other sites

Yes, you must open a new account and inform the DSS immediatly, as soon as you have an account number. There are basic accounts that you can get regardless of your credit rating. Barclays have one, so do the Nationwide (I know this for sure, because you can even open their basic bank account if you are a bankrupt) They just have basic facilities,but at this point withdrawing your benefits through a hole in the wall, or over the counter is the only important thing.

You can also request that DSS pay your benefits in giro form whilst waiting for the account to be set up, I do know people who have done this, but it's not always possible.

There is a template letter at the begining of this thread that you can write to the bank if you know there are more charges due to come out....

 

Do not despair, keep asking questions,,,,, just because you are going through a sticky patch does not make you a 2nd class citizen, you have rights, and on this site there are people with much more expertise than myself that can help you.

If it is possible for you to go to a branch of Barclays in the morning, they will process your application for a new account, and if you ask they will give you the account number there and then, although you know what it is like, it can take a week or thereabouts to get the card etc through the door, then with this account number phone up the Benefits people and give them the new number.

 

Goo luck and keep us posted xx

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

Thanks for that encouraging advice. This evening I've applied to the Co-operative bank for a basic 'cashminder' account. I told them I was in trouble with other cards etc and the guy I spoke to said it shouldn't be a problem. They'll let me know within 10 days if I can have an account. I'm on my knees financially at the moment (like many people here I guess) and I couldn't believe that banks could simply dip in to your account and syphon off benefit payments. Maybe it was in the Terms & Conditions but stupidly enough -like many of us- I never read them that closely.

 

Thanks.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...