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Is the bank taking your Benefits ?


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Hi steven4064 ,

 

Thanks for that :)

 

Duly signed with pleasure...

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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

 

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Steven,

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

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Sure do:)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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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.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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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

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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

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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?

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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.

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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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.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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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?

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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 v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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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 v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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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.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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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!

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

 

|

|

V

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Ok...have signed the petition! Good work!!
Thank you - tell all your friends too

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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

  • Haha 2

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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