Is the bank taking your Benefits ?

[Perseus]

I think the section in the Whistleblower programme, where the sales staff were following scripted procedures, and shown how to apologise/back down if challenged.

If they (banks) are taking on 17/18/19 year olds that are hoping for a career in banking, those 'youngsters' will not jeopardise their hopes on breaking ranks or not following instructions.

All call centre staff nowadays are linked to a supervisor 'monitor' station.

Supervisors/team leaders will ghost or listen in to their calls, flag up a 'divert caller to me' message on screens when the customer overwhelms the staff member, and in some cases ARE wrist slapped when they have given in or conceded to the customers 1st/2nd complaint (known as cost returns).

 

Imoral - yes, unethical - yes, understandable - maybe when your job depends on it (unfortunately), right - most definately not!

 

P

[Perseus]

Pliny, I do believe that there could have been a more subtle way of saying what was said! Not to cause an argument, but I too have been in a position where you see benefits come in and go out before it reaches the ATM, and all due to charges, interest, someones Direct Debit coming out 1 day early, another benefit going in 2 days late.

You fly by the seat of your pants.

Given that - you do use any means to get reassurance from anyone that you just might have some breathing space for a couple of days, or even a chance that the vicious spiral might actual stop for a moment.

 

People who are in the position of panicing daily about the amount of money they have left from benefits - and how much of that is coming out in on-the-spot and pre-advised charges, (and I speak from experience) will use any means to protect or safeguard the pennies.

As was posted, "i didnt know about the law back then so ive only just started to quote this" - I also phoned, wrote letters, called into the branch - well before knowing about my rights from this site.

 

Support and encouragement, even a 'oh well, done now so move on' is just slightly more reassuring than 'told you so'!

 

Many a stray 'petcat' needs some tlc....

[Perseus]

Try this post, it has all the letters etc on it...

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits-5.html#post522407

[Perseus]

Hiya, really enjoyed reading all the success storys on this thread. Im in a similiar situation and would like some advice. I successfully reclaimed £4000 back from halifax in january this year. Since having an accident at work a few years back im on benefits and also i have a daughter who i recieve dla for. The other benefits i get are child allowance and tax credits. Thats the only income into my account.

Going through my bank statements since february i have been charged another £400. I know your probably think what did all that money go on back in january but i paid a lot of bills off.

I wrote to the halifax and asked them for these charges back but they have said as a signed the acceptance letter for my last claim on it was a clause saying that all future charges will stand and i signed it..

I dont know wether i would have a chance at getting this money back as its all benefits...

I welcome any ideas.

 

thanks

karen

 

I personally would reply, stating that it has just been brought to your attention that under s187 of the ssa , your benefit payments going into the account are exempt from a charge or levy etc, and as this is not a consumer or contractual dispute, rather a matter of income based social security funding, you consider the clause previously signed vitiated.

 

Maybe someone could expand on the wording for you, but its a start!

 

All the best

Pers

[Perseus]

Dear Sir/Madam

 

Unlawful bank charges following an arrestment of welfare benefits - request for refund for [YOUR NAME, SORT CODE, and ACCOUNT NUMBER]

 

I write with respect to the application of the following charges to my account: [iNSERT DETAILS of charges applied].

 

I am of the view that your charges are irrecoverable in law. As you know the monies in my account derive from [tax credits, paid to my client by HM Inland Revenue, and/or child benefit paid by DWP, and/or child maintenance from the CSA, and/or social security benefits - income support, Jobseeker's Allowance, Incapacity Benefit, Disability Living Allowance, Attendance Allowance etc. - paid by DWP]. This is confirmed from my bank statements, and are clearly marked as such.

 

It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from levy of a charge. Those monies remain exempt from such insofar as such monies can be clearly identified within an account.

 

Accordingly, you have erred in law in levying charges on exempt monies in my account. You cannot impose administrative or penalty charges for your legal error. I would therefore ask you to refund said charges of £xx my account within the next 7 days, failing which I will commence an action for payment and wrongful diligence without any further notice.

 

Yours faithfully

 

 

This template has been amended and reproduced from louieboys post on page 2.

Maybe someone could verify or add/amend the above?

Hope this helps.

[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.