Is the bank taking your Benefits ?

[abroadgirl]

hi i am asking for someone who has asked me does this apply for usa or can they take there benefits in charges she thinks they can i have been looking but carnt find anything to see if yes it is allowed in the states or not allowed please can anyone help or does anyone know tyvm for any help n advise

[Perseus]

Hi abroadgirl

 

Just a couple of sites that may help. Maybe you could use their 'contact us' links to ask directly.

If you get a response, please let me know - I'd be very interested.

 

Thank you.

Pers

 

American Law, by Subject a good guide to american legislation

Crowe & Shanahan excellent links re SSA or SSDI

http://www.ssa.gov/ American Government website for Social Security.

[JunkiMunki]

Hi Mikk, in answer to your question about "classed as unauthorised" lending so therefore is illegal, you are correct and I have seen it today dont know if it is on this thread, but will contact you if I come across it again, I have been claiming charges from the YB since Jan 2007, have got to hand in QA's this week [3] in total as I am also claiming for my sons, claim 1 =£3699.07p inclusive , claim 2 = £1908.84 + QA FEE, claim 3 =£1873.98 +QA fee, am hoping that once they get the QA's , I will be given a court date, have also wrote LBA to the HSBC who have levied a total of £986 from my account since Jun06 - Jun 07, this I found to be totally appalling, devious and not to mention damn right illegal, not only because of the disproportionate charges levied but because the only money my husband and I get is health related benefits, and they have reduced our benefits of at least £90 per month , added to this that we have no cheque book , have had no returned DDs, have an authorised overdraft of £250, but have found out that 97% of these illegal and unlawful penalty charges are because of the bank levvying charges for an unauthorised overdraft which they have caused by applying the charge when they obviously know there is insufficient funds for this, and this is where I came in , the banks have forced me in to unauthorised lending, so that they could levvy extortionate charges upon myself, which is illegal, and is a deliberate act by themselves." we make our profits anyhow , anyway, underhanded and devious, thats how we play"., this describes the banking profession to a tee,

[maybelline]

Child Poverty Action Grouphttp://www.helptheaged.org.uk/en-gb/AdviceSupport/FinancialAdvice/

 

 

some info on welfare rights here, also I think if you have recieve disability bens then your local council should provide a money adviser to help sort out entitlement, the dwp do get it wrong sometimes

[lynski3053]

Hello this is my first time using the website so any help would be much appriciated. I am helping my sister to reclaim her bank charges back and yesterday posted the letter to the Yorkshire Bank asking for £980 in total including the 8% interest.

It was then when I've read through the website that I have learnt about the Benefits etc. I am a little confused but was wondering if anybody could advise.

My sister banked with the Yorkshire Bank and they closed her account in April/May last year as she could not pay the £500 overdraft they had given her. For the charges we have put a claim in for the credits she had to her account were quite clearly state benefits ( i have seen the statemnts) the benefits going into her account were child tax credit child benefit and income support. There was also some working tax credit from when she had worked at some point were all swallowed by the bank.

What I would like to know is can my sister reclaim the benefits that the bank swallowed and left her in debt for almost 5 years. If so how would she go about doing this? Many Thanks

[JunkiMunki]

JunkiMunki, from what I've read in various posts some, at least, posted by moderators, and if I have understood correctly, the bank haven 't charged you Standard Rate interest but Compound, Contractural Rate of interest. Is there a reason why you don't claim the reciprocal rate?

 

It would give you so much more money back whioch would perhps enable you to get out of any hole into which bank charges may have plunged you.

 

It's not that we're all going to be extremely wealthy (although, at times, breaking even appears wealthy,) by acquiring these refunds: we're just goign to put right all the many areas of our lives which have been thrown into disaray.

 

Unlike the banks who used our money to make money through investment well as from charging us exhorbitant interest rates, well meely be tryign to get ba ck onto an even keel.

 

Go for the Compunded interest, Munki but speak with a moderator first as I could be well wrong whereas they really know their stuff.

;)Hiya Vital Spark,

thanks for the info about interest but cannot follow the easiest spreadsheet templates, but managed to complete the statutory 8% calculations so have left it at that, as I DID NOT WANT TO GET IN WRONG IN CASE THIS JEOPARDISED MY CLAIM.

Hope you can understand my theory in the answer provided but please feel free to enlighten one with the expertise you have, thanks again keep in touch . JunkiMunki xx

[steven4064]

Hi guys

 

THis thread (http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html) may answer some ofyour questions about compound contractual interest and why you should only claim it if you absoultely know what you are doing.

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[puzz1ed1]

Wrote to Nationwide recently regarding taking charges from benefits, quoting the relevant Acts. Received what I presume is the standard letter today stating "we're sorry that we can't agree to your charges being refunded... we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain."

 

Hmmm,....

 

Shall write back and point out that the same laws apply to those members in a similar situation and so they should also refund their charges!

 

Steve

[crazyworld]

Deleted

[steven4064]

Shall write back and point out that the same laws apply to those members in a similar situation and so they should also refund their charges!

Dead right! It's like a burglar saying it's not right that he should be sent to prison for robbing a house because it's not fair to those householders he has robbed but where he has not been charged!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[JunkiMunki]

Hi Vital Spark,

have worked out that the HSBC have charged and levied from my account £986 in total, from June 06 - June 07, these charges were all levied from mine and my other halfs benefits, as this is all we have going into the account, but I do not know how to work the interest out , and the other fact is I opened this account in March 06 after being with the YB for over 12 years, will I get penalised from the HSBC if I ask for the charges plus interest back.

[JunkiMunki]

Hiya Maybelline,

thanks for the referral to the Cpag site, I was told in 2003 by a solicitor to obtain their book as these books from the Cpag were classed as the bible to all solicitors, I found out after paying £30 from Waterstones the book specialists that benefit claimants can purchase the books for £8.00p

I did contact them by phone in 2003 , quoting that my DWP had called me a "stupid woman with that crap book" on entering their premises , I asked them if I could obtain the earlier issue as it was that particular one I needed regarding a benefit no longer in force , and they sent me a copy of this version free of charge and by first class post, but DWP still wont listen , even though the chairman at an appeal hearing asked if he could borrow the book in question as his was a later version, and my problems were from earlier years. I have even got solicitors agreeing that I am in fact correct in most if not all of my findings regarding our benefits , but they go on to say that because it has a knock on effect regarding "council tax benefits ["NO NON-DEPENDANT"] rule which the council have stated they overlooked since 1995- 2003, and to which I had to pay bailiffs and spent 11hrs in prison and which my husband spent a full night in prison until I could borrow the money to get him out, "mortgage Interest payments" not paid by DWP, 52wk welfare to work beneficiary totally ignored, so forced my husband back to work as he had only been back to work for 26weeks after this dwp history, 1997 benefits medical says "NO more sick notes Unable to work" then April 1999 accepted for "DWA" disabled working allowance until Oct 1999 when this benefit became known as "DPTC" Disabled persons tax credit which he remained on until Oct 2002, tried to go back to original employment but had to finish April 2003, 6months or 26wks but when applied to go back on Incap benefit was told he did not have enough NIC'S for this even though he had been on benefit since 1996 until Oct 2002 , whereby he was below the lower earnings limit and primary threshold so did not have to pay NIC's as he was "deemed to have paid" and should have had them automatically credited to his account by either the DWP or Tax office still would not listen and made him claim Income support instead, so without boring you or anyone else with the maladministrations made so far , all I will say is that the solicitors and WBA's say it is too complex for them, so just been ignored so far, and am coming to the conclusion forget it forget forget it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[JunkiMunki]

hiya Mikk,

In answer to your question, I have seen the info u r on about have tried to find it but as yet all I have come up with is the following which in a nutshell amounts to the same thing in my opinion that is see what you think ? I found it in the "Statement of Evidence " pages under" New strategy for Allocation Queastionnaires" page 3, section 9 ,"4.21";)

[JunkiMunki]

hiya is this what you are looking for 2nd December 2006, 03:36 #34 (permalink)

JonCris

Platinum Account Customer

 

 

Join Date: May 2006

Location: Lovely Dorset

Posts: 2,843

Re: Is the bank taking your Benefits ?

 

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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 ,

 

sorry for the trouble if it isn,t what you wanted

[sandraroff]

what a great post. i had a bit of trouble recently with Portman Building society. in november last year, there was money appeared in my account that i knew i hadnt paid in, and when i queried it, they assured me it had been paid into my account but without my book. i thought it was money i was expecting from my son. i heard nothing else from them until just 7 weeks ago, when they told me they wanted it back!! i am on income support and couldnt afford to pay anything more than £5 a month which they turned down flat, and, at the same time, froze my account until it was sorted. which meant i couldnt get at my housing benefit. i went to the CAB who helped me sort it, and a lovely lady at portman head office - nancy jennings - decreed that it was their error, i had queried it and was told it was mine, therefore I didnt have to pay it back. BUT, those three/four weeks until it was sorted was a nightmare and i couldnt pay my rent. i have also been reading up on stuff that if you are overpaid on benefits, and its their mistake,and you are genuinley not aware you have been overpaid, they cant take it back off of you!!

[polonius]

Martin, I just spoke to DWP supervisor. The DWWP will act if benefits are paid LATE; i.e. it is DWPs fault that the money was not in the bank. As for fighting on your side in the battle of the bank bandits, the DWP will not act on your behalf or even make the knight in white armour phone call for you. My recourse has been a begging letter to Hallifx pointing out their charge this week represents my weekly shop and they have stolen the beans from the cupboard and the food from my children's mouths. (Fat lot that will help though).

[karen654321]

Hiya polonius. i relaly sympathise with you. Im going through the exactly same thing with the halifax.

 

I contacted them by letter twice then spoke to the customer relation manager thats apparantly the highest person a member of the public is allowed to speak to???? so they say

 

So now i have contacted the ombudsman to try to get this money back. The main part they have taken is my daughters dla.

 

The customer relation manager told me if i want it back take them to court.

 

Good luck with your claim and keep us posted

 

karen

[Vital Spark]

This is a shocking state of affairs.

 

The law, according to the links and extracts posted in this forum, clearly states that benefits are exempt from being taken as charges even in the case of bankruptcy.

 

It's a sane and logical law. These benefits are means tested. They are calculated as the minimum amount of money on which a person can buy the basic necessities for sustaining life.

 

How are the banks allowed to get away with so blatantly breaking this law? Scoffing in the face of it, I'd say.

 

Can they be brought to justice over it in a criminal court? Does anyone onboard know? How would one go about having them charged?

 

What about the European Court of Human Rights? Is this not a denial of Human Rights? The right to basic human needs.

 

I would eb extremely interested to learn of how we could, collectively, if necessry, take them all the way on this one.

[Simon7685]

I am fighting to get my charges back and on benefits and this happens to me all the time.

Simon:)

[TideTurner]

Vital Spark,

 

I understand that a number of class actions are in the pipeline (you need 20 people collectively for this), but can't remember where I read it.

 

Personally, I have an ongoing case, currently with the Court, and should it fail I will simply walk into a Police Station and make a formal complaint for theft against several members of the organisation I am in dispute with. I know the identity of these individuals and have a complete history of their actions (prior to all of this blowing up).

 

Take a breath, you need to be able to back up any claim you make, or it may come back and bite you on the backside.

 

Focus on getting back your charges and interest, and along the way gain as much information as possible.

 

Make notes of any phone callse you make - date, time, who you spoke to, what was said, and keep copies of all correspondence including statements.

 

I also keep news articles which show that the banks knew what they were doing is wrong but carried on regardless.

 

My God, if management don't know by now and haven't shown complete ignorance in the name of profit, they should have been removed from their position long ago.

 

Tide

[steven4064]

I have a case against Halifax for a friend of mine - all his income is from benfits. Wrote to the bank asking for charges back. THeir response? "It wouldn't be fair on the other people who pay charges"!!!!!!!!!!!!!!! Duh! THere's an easy answer to that!

 

Anyway, we have lodged complaints with DWP and HMRC. Let's see if they do anything - not that we're holding our breath!.

 

We've sent a SAR and will start the process of claiming all charges back including fron when he ws not on benefits.

 

If you need another to make your 20 - count us IN

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[maybelline]

Junki -

I claimed my unfair charges back from my bank successfully, and most of these were taken while on disability bens, however, I used the N1 small claims track on the unfair argument, re the OFT and did not go into the whole benefits issue although I could have if I had needed to. they had taken approx one thousand pounds whcih I claimed back plus 8% statutory interest. best wishes.

 

have you tried this site?

Free or Reduced Cost Prescriptions - Patient UK

[TideTurner]

Maybelline,

 

They would have taken into consideration your possible arguments, and you have been in an ideal position - a major Ace up your sleeve.

 

If you go for the N1, it is always worth dropping the hint that benefits were paid into your account.

 

Makes 'em nervous.

 

Tide

[maybelline]

Yes Tide, you dont have to show your hand too quickly:)

[JunkiMunki]

Hiya Tide;

You can add me to the 20 if you are short I have been on Benefits since 1995, and up to 2006, the Yorkshire Bank have been levvying penalty charges from my benefits. I am in the process of claiming these back and have today received the Court's Directions "21 day turnaroud", I put in a request for the 14 day turnaround on my AQ, but I have got a Court Dte for August 21st @ 2pm , if needed, then I took a closer look at the bank account I have with the HSBC , this account I started in March 2006, after terminating my account with the YB. I was accepted by the HSBC, and they knew that I only have benefits paid into the account, but have levied an amount of £986 from my account since June 06 - June 07, with the last £150 being taken from my account AFTER A LETTER QUOTING THE RELEVANT LAW to benefits, which I sent them requesting a refund of all these within 5 days , or I would start Court Action and would then be adding all interest and charges accrued. No Correspondence from them as yet, will keep you posted.