Is the bank taking your Benefits ?

[JonCris]

Suggest you send the letter with the regulations inserted teeling they can't touch your money & demanding they refund any they have already taken in such circumstances

[JonCris]

That is the criminal offence of kidnap. You could have reported them to the police & then sued the butt off them.

[JonCris]

If the incoming funds are clearly identifiable as being benefit payments then they cannot be taken no matter who's account they are paid into. As remember the benefits can be identified as coming from the DWP so are clearly benefits.

[JonCris]

If your account doesn't have an overdraft facility or they have allowed you to go overdrawn simply to pay their fees that is unauthorised lending & is illegal as they can only lend to you by agreement with you

[JonCris]

Notwithstanding that their charges are unlawful therefore recoverable any other monies that are not benefits which go into an account can be taken by the bank unless you send a 1st appropriations letter one of which you will find here

[JonCris]

midnight send the letter that's on the forum cos even if it is only £19 it's still your money not theirs

[JonCris]

Its martins post 1 page 1 Also insert my post 21 page 2

[JonCris]

Excellent news.

 

Now go for the interest they certainly added which will have increased your indebtedness

[JonCris]

Great........Just a point when they reject your DD there is no human intervention it's all automatic which makes it even more of a scandal.

 

Also are you sure about the Halifax £5 buffer. I think I read it had been withdrawn.............Thinking aloud it might have been Lloyds. Either way be careful 1p over & you'll get hammered for unlawful penalty charges & you'll have to go through it all again

[JonCris]

Spend a little time & read the FAQ's to get an idea on how to proceed. Open another bank account as they will in a state of peek close your present one As you are doing that send a SAR with a £10 postal order requesting all the data on you they hold (letter in the templates library)

 

Then when you receive that you can calculate what they owe you. The same Social Security Act referred to in this thread that applies in England applies in Scotland

[JonCris]

As a matter of urgency (& I never usually recommend it) phone the bank, ask for the manager & politely tell them they have taken your benefits illegally (as per the act) & you would like them back NOW! If they get stroppy tell them you WILL report them to DWP then do it anyway 1st thing monday.

 

Don't often say this either but the DWP can be very good in such circumstances & will often phone the bank on your behalf & advise them of the error of their ways.

[JonCris]

Hi less2303

 

I wouldn't think so because once you invoke your rights they have no way of recovering what they will claim you owe.

 

Suggest a parachute account just in case

[JonCris]

Babyblue Go to the front of this thread & cut & paste Martins3030 letter send it special delivery to your bank & demand an immeadiate refund rather than go through the lengthy process of issuing court proceedings

[JonCris]

Nattie agree

 

The bank have to refund the benefits & babyblue can argue (as we all do)about the unlawful charges later. In the meantime she can stop them taking anymore if she uses the template letter at the head of this thread

[JonCris]

benefits. You get the balance of the charges back later.

[JonCris]

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

[JonCris]

Hi Basil

 

1st copy the letter by Martin3030 & myself at the head of this thread & send it to your bank now as it needs to arrive preferably before any further benefits are paid in. To be ensure your money you need to send the same letter specifying which benefit to which your referring just prior to each payment.

 

In the same letter mention that you now know they have breached the Social Security Act 2002 & demand they return all penalty payments they have taken from your benefits.......should be fun

 

In reply to your last remark.....no there is not!

[JonCris]

VS the response might have been negative but it was also unlawful Ask DWP or whoever pays you to help...........sometimes they are quite good at pointing out the banks the error of their ways

[JonCris]

Hi Kelly welcome

 

Have you seen the 1st post by Martin3030 If not cut & paste it & send it to your bank now with an additional letter of complaint about the nobody who upset you

[JonCris]

Phone them back using this service http://www.rectel.co.uk/destination.cgi & try & speak again to the nobody who upset you..........Their ID & when they phoned will be on file

 

It will record the converstaion for you & allow you to download it for use later when you call them to book............You do not need their permission to record the call to which you are a party...........remember Met Police Commissioner Ian Blair & his secret recording of Charles Clarke..Home secretary

[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

[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

[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

[JonCris]

There is no legislation. It was/is a 'gentlemans' agreement.

 

Report the bank to your MP & the BO

[JonCris]

Phone back & ask that the person you spoke to write to you & explain that they are allowed to take you benefits as claimed. Then let us know what was said.

 

As you are in dispute with the bank you must be pepared for them to close your account