Is the bank taking your Benefits ?

[maybelline]

now making a formal complaint about halifax, they took carers allowance twice, even though I sent the right of appropriation letter and spoke to a very nice perosn at the Banking Code Standards Board who said they should not have taken it!!!???

[maybelline]

If they took any of your means tested benefits they broke the law & you could demand them back

 

Hi, just reading up on this stuff as have tried letters and phonecalls but they just wont budge, nightmare, they took two charges over xmas, left us in a right old state.

[steven4064]

Maybelline

 

I hope halifax didn't completely ruin your Christmas. Before you go any further pleasew read this post relating to the quote from JonCris: http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/125278-social-security-administration-act.html

 

Could you get the 'nice person' at the Banking Code Standards Board to put what they said in writing? You could then forward that to Halifax.

[maybelline]

thanks Steven, all good info, I was just searching around for that!

 

I did contact the previous good person and received a reply (from a different person) with a sensible answer but their email have confidentiality note so I cannot forward it, although I have in the past told HALIFAX on the phone it appears sensible to all parties to just refund it.

 

as you say, I can really only claim under the Unfair Terms stuff and have prepared a claim form to take along to the Court, I will not have to pay a fee but I am sure the court woudl prefer not to be bogged down with all this stuff as would I but ......

 

:)

[steven4064]

I did contact the previous good person and received a reply (from a different person) with a sensible answer but their email have confidentiality note so I cannot forward it...

It might be worth e-mailing the Code people and asking, I'm sure there should not be a problem with forwarding the e-mail to a bank despite the confidentiality statement.

[maybelline]

seems we're on the same page, cant get the email address at halifax to work.

[steven4064]

Print off the e-mail and send it to halifax by post with covering letter - it's better to have things in hard-copy with banks anyway.

[maybelline]

took my info into branch and had 'discussion' with an angry lady - agreement to refund one charge but not actually been actioned by them :(

[steven4064]

Who was angry - you or the bank employee? If the latter, what had she to be angry about?

[redsetter]

Hello all!

 

I`m having a problem with this at the moment..

I had a dd come out of my nationwide account in Dec-i paid in £30 the same day to cover the dd, but it was returned.

So, £30 charge.

 

I`ve just phoned my local branch and explained that it`s only my benefits that went in to the account, and did they think it was a little unfair that not only had i paid in the funds to cover the dd (allbeit the same day as the dd went out), but that the charge was going to come out of my benefits.

The woman i spoke to wouldn`t enter into any dialogue- just kept saying that i would have to put in writing, take the letter in and they would send it internally to head office, and then they would decide if i had a case.

 

I did state my right of appropriation- short silence- and then she repeated the above.

 

I was rather hoping my local branch had the powers to deal with this, but they don`t sound interested or very happy about it.

 

Can anyone tell me if they have given me the right information?

 

Thanks all you lovely people,

 

redsetterx

[JGJ]

redsetter. Have you informed the bank in "WRITING" of your first right of Appropriation, every time you have a payment to make. They are uncooperative and in most cases at the branches ignorant of the above. If you are lucky you might have sympathetic staff who will try and help. Failing that you must find out the address/Tel. no of the banks area Director and complain to him/her. Branches are normally in awe of going to that stage. There is EXCELLENT advice re your problem in the C.A.G. Threads. Best of Luck. "EXEMPLO DUCEMUS"

[redsetter]

Thanks JGJ,

really appreciate your help.

I`ll get onto it straight away.

 

redsetterx

[maybelline]

Who was angry - you or the bank employee? If the latter, what had she to be angry about?

 

she was angry - I was taken to a private area and practically set on verbally, this apparently was a review to see 'whose fault' it was that the charge had been taken, this despite my having sent a letter of appropriation and phoned on several occasions, now have posted another letter to HO but think that it will end up as a penalty charges claim:(

[snapper84]

Hi Guys,

 

I've read alot of the replies on this post however with 34 pages to go through will probably take some time. The problem is that i went to the jobcentre on tuesday to sort out benefit payments to stop it going into my bank because they had charged me 2 x £30 referral fees. The guy at the jobcentre thats no problem i can get a Giro. Anyway i have opened a post office account ready but i checked this morning and the payment of £92 has gone into the bank leaving me with just about £22. I would of took the letter in however i thought that the payment had stopped. Are you aware of anything i could now do to get the full amount out of the bank?

 

Regards

Steven

[steven4064]

Hi Steven

 

Realistically, the only wy to get it back is to make a claim along the lines of all the other bank chanrges claims. But that will have to wait until after the test case. THe only other thing is to go into the bank, ask to see the manager and explain your hardship and ask for it back - that has worked for some, usually only once, but that's all you need

[snapper84]

:)

[maybelline]

thanks for the reply Steven, yes, what I expected really but not then end:)

[steven4064]

Hi thanks for the reply. I decided to try a method that i know sometimes works, use my debit card to deposit it to an online payment processor who i have a payment card for, and since i won't be using the account again i've managed to transfer £100 although leaving my bank account overdrawn i am in the process of bankruptcy so in my personal opinion i've got one over on the bank for taking whats rightly mine

snapper

 

We have some real concerns about the legality of this course of action. Although we sympathise with your frustration with your bank (and the Jobcentre) we cannot condone actions which might be illegal.

 

Please take propper advice before taking such actions.

[Emmie1983]

Can anyone please help??

I am having problems claiming my charges back from my bank (abbey). I have a bank account that is solely funded by benefits, and i am trying to get over £2000 back in charges they have taken out of my account. Despite quoting the social security administration act, they keep telling me rubbish about them not being able to resolve it because of the OFT test case. I am bashing my head against a brick wall with them!

Has anyone else had a similar experiance?

[steven4064]

Emmie

 

Welcome to CAG

 

I'm afraid what they are telling you is right. The Social Security Administration Act doesn't apply to bank charges (see here) and all current account cases are on hold until after the test case. The only grounds for the claim going ahead is in the grounds of hardship and I have to be honest and tell you that we have not seen many of those go through (in fact I personally don't know of any). I'm sorry this is not of much help but there are loads of people in the same situation as you.

[Mistermind]

Can anyone please help??

I am having problems claiming my charges back from my bank (abbey). I have a bank account that is solely funded by benefits, and i am trying to get over £2000 back in charges they have taken out of my account. Despite quoting the social security administration act, they keep telling me rubbish about them not being able to resolve it because of the OFT test case. I am bashing my head against a brick wall with them!

Has anyone else had a similar experiance?

 

Emmie, have you thought of emulating uni students, making up a demo placard saying

 

"Abbey Bank seized my subsistence food money"

 

then walking lawfully up and down the queen's highway outside your branch's front door, explaining to all interested what the bank did to you. Local radio, the national press, BBC and other TV channels may soon become interested, especially if they are tipped off.

 

The Test Case verdict may not come out for months, and then there is the possibility of appeal lasting into 2009. Abbey may decide a quiet pay-off settlement would be the better part of valour. You would need to prepare for a parachute account elsewhere. For such a hush money settlement Abbey will almost certainly insist on confidentiality.

[caro]

If Abbey want confidentiality make sure that they pay handsomely for it. They are in no position to dictate terms, so do not accept a confidentiality clause to any payment easily.

 

CAG has become strong because we have all shared our information and experiences, and if you find a different way of getting your money back that works it would be nice to think you'd return the compliment. If not, then make sure that you decide how much it is worth, to you, on top of your bank charges, to keep the information quiet.

 

I'm sure that Abbey would want it kept quiet, but you are taking control now of your finances, so make sure that it is on YOUR terms.

 

Don't let Abbey fob you off. Have you got your own thread you can link us to so we can advise you individually and see your progress to date?

[sweetnsexyenglish]

I wish I had seen this thread earlier as last year I received £90 in charges due to my daughter stealing my bank card and taking money which caused 3 DD's to go unpaid and out of £114 they left me with £24 to last from Thursday to Monday with 3 children to feed!!

[sweetnsexyenglish]

Yes they are identifiable as such they show on statements as dwpincap etc maybe a little different but you know they are all benefits. That account only has benefits going in. I was fumming at the time but thought at least they reduced the fee by half and removed the interest that was to go on but im still fumming that they can steal benefits from you for them making your account overdrawn with their charges when you dont even have an overdraft on the account. Wouldnt matter as much if they had paid whatever it was but they refused it then added on the charges and made the account go over. Any ideas how to go about getting these charges back?

 

My sentiments exactly its disgusting as had i kept that money under a mattress and not paid a bill I'd have all my money. The amount of free money the bank have received for denying a DD for being even 6pence short has made me so angry. And also being told I am not allowed to take all my money out the bank I have to leave a pound. Hell its my benefit!!

[please return my money]

Spoke to Barclays.

 

They have refunded the money to my account and have refunded the charges incurred by them taking the money.

 

I have also sent in the letter kindly suggested on this forum.

 

Many thanks everyone xxxx