Is the bank taking your Benefits ?

[babybear39]

Hi steven4064 ,

 

Thanks for that

 

Duly signed with pleasure...

 

BB

[dizzy bat]

I have just signed it too.

[steven4064]

Thanks guys. E-mail the link to all your mates too (and ask them to e-mail it to theirs....)

 

[muggins73]

Steven,

Do you suggest I send my letter to my branch or to Abbeys customer services dept?

[steven4064]

Sorry muggins, I've lost the thread (so to speak) - do you mean the letter in post 414?

[muggins73]

Sure do:)

[steven4064]

The First Right of Appropriation bit I think needs to go toyour branch butthe some of the other stuff needs to go to customer services - I would send the letter to both.

[Vital Spark]

Signed sealed and deliv ered. Thanks for getting this petition together, Steven.

[jet_black]

I have signed the petition and put info about it in a Myspace bulletin, they have taken charges today, which will wipe out the tax credit on Monday (despite my sending them a right of appropriation letter) now I'm really effin mad

[puzz1ed1]

Having contacted Nationwide Head Office regarding charges taken from benefits, using the letter template given earlier in this thread, and also written to branck with RoA letters, I've now been informed that SSAA does not apply...

 

In the members rules it states: "[5iii] The Society may withhold all or part of any share investment (ie any funds paid in) and use it to pay or reduce any debt owed to the Society which is due or overdue for payment."

 

Based on what I've read here, I'm not convinced at all.... anyone more knowledgeable care to advise further?

 

Is particularly frustrating that the current cycle of charges that I'm stuck in was started when a DD was called without notice, thus technically in breach of DD guarantee etc. Nationwide accepted this and agreed to refund the charges levied. Instead, one was applied still the following month causing another DD to bounce and attract a charge,..... you get the picture ;-)

 

Quoting SSAA and sending RoA letters has caused quite a stir, though, and they've been running about trying to find someone who understands it - just seems they still haven't!

 

Steve

[JonCris]

puzz they are talking rubbish - as usual

 

Apart from their charges being unlawful they cannot negate your rights under statute just by claiming it's in their T&C's & to do so is an offence which should be reported to TS & the OFT

 

Write again telling them they are wrong & that unless they repay you + any interest they have added you will report them to the appropriate authorities forthwith

[vodster]

would this work for me

as the only money that goes in to our bank account is wftc and ctc

 

have a 500 pound over draft and it can go over from time to time.

[starz 61]

There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money.

Here is a template letter to take or send to the bank to address this.

It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue.

A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment.

 

 

 

 

RIGHT OF APPROPRIATION

 

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

Rent £xx

Utilities bills £xx

Housekeeping money £xx

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

[signature]

 

[print name)

 

Additionally here is further info thanks to JonCris

You may also wish to insert the following in your letter to the bank.

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

Hi

I sent this letter to my bank, and they totally ignored my request???

Any suggestions?

[Vital Spark]

I spoke with some girls and lads in a banking customer services departmnt. They are all unaware pf this law but do tell me that it's computers, for the most part, which manage our accounts and send out letters.

 

I'm told by these people that certain banks are threatening their staff with the sack if they try to reclaim charges: surely this is Blackmail: yet ANOTHER criminal offense with which they, the banks, are getting off Scot free.

 

I plan to try to enlist the help of Tommy Sheridan who, regardless of what some may think of him, has proven himself to be prepared, while more than able, to stand up and be counted in fighting for the rights of Society's less privileged.

 

Still scrubbing filthy greasy smoke off walls but might get chance to write to him tonight.

 

I'm sure he'll be bale to get "The Word" from the Govan Centre.

[GlasweJen]

Now this is going to sound stupid but do student bursaries (SAAS awards) and student loans count in this?

 

Last year during term I had many bank charges for silly things but they were always taken out of my DLA/student loan/bursary account. It would be difficult to prove that the money came out of my DLA directly but I would like to see if this makes my case any easier as I'm starting action against the bank soon.

[scorpioICE]

This may be a stupid question but...has anyone ever taken the bank to court for damages as well as their bank charges?

 

I am soooooo mad at Yorkshire Bank for taking my unemployment benefit and leaving me with nothing!! Unable to pay the part payment of my rent which was the cause of me getting 2 mths notice to quit my home!!

 

I now have a p/t job so am no longer receiving benefits and am just at the stage where I am about to put in my claim form to the courts but I aim to go for damages too. I want to make sure that they can no longer take other peoples benefits with the excuse that they didn't know it was illegal etc because once they've been to court then they won't have that excuse anymore!!

 

I'm trying to find some sort of template because I'm not sure if it's the same process if you are going for damages too. Anyone here know?

[Vital Spark]

Jenschnifer, I'd think you're as well throwing in everything you can.

 

If the total comes to more than £1,500 you'll n eed to get a solicitor to handle it as an Ordinary Case but the b anks, if found judged against, will have the costs to bear.

[Vital Spark]

Don't know for sure, ScorpioICE, but in every other case, "ignorance of the Law is considered to be no excuse".

 

Go for it but maybe seek legal advice first. I am sue that thre are still some solicitors who give 1 free advice apt.

[Vital Spark]

ScorpioICE, did you actually lose your home through this or did you manage to save it in time?

[GlasweJen]

thanks vital spark, the claim is for just over £250 which is a drop in the ocean compared to some claims on here but i'm a student and I need all the cash I can get hands on, one of the charges was when someone commited fraud on my account, they refunded the money taken but not their wopping big bank charge.

[scorpioICE]

ScorpioICE, did you actually lose your home through this or did you manage to save it in time?

 

No I had to move out! I'd only moved in in January and I'd asked them if they were planning on long term rental because I didn't want to keep moving, said I wanted to rent for at least 3 yrs. They said that was ideal as they usually buy to do up and sell but now they planned to buy and rent their properties. I was given 2 mths notice in October, saying that they needed to sell it to use the equity in the house. I know I couldn't use this in court but I'm so angry because I know this was due to falling further and further behind with my rent due to the banks taking all my money, plus the fact that for months I had little or no gas and electric...food etc. It was a horrible time in my life where all control seemed to have been taken away from me. I'm not one for pushing things under the carpet when they get bad, I always sort things out but I swear I was going out of my mind at that time.

 

Reading all the postings on here makes me feel disgusted that I wasn't even a rare case...infact it seems to be the norm!!!!

 

I'm guessing that to sue them for damages is going to cost me more than just getting my charges back but I'm willing to take that chance as long as the initial cost isn't too much. I'm just trying to read up first to see what to do as I don't want to make a mistake!

[steven4064]

Just a random reminder for new people on this thread to sign the petition

 

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[scorpioICE]

Ok...have signed the petition! Good work!!

[steven4064]

Ok...have signed the petition! Good work!!

Thank you - tell all your friends too

[steven4064]

For information I have just started a thread in the Halifax forum on a case we are starting for reclaiming charges taken from benefits