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Is the bank taking your Benefits ?


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Can I suggest the following scenario.

 

I find myself overdrawn to the tune of £100 at the end of the month, my benefit of £200 goes into my bank account and the bank takes £100 of it to pay off the authorised £100 overdraft leaving me with £100 to live on until the next time my benefits are paid in. Can I use the First Right of

Appropriation to get this amount reduced? If successful in getting the amount reduced what happens to the remainder of the overdraft?

 

G56

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I used alliance and leicester for my tax credits to be paid into, before going on holiday in jume I cancelled all direct debits from the account using their internet banking i then moved the tax credits to go into my nationwide account, the only reason i did thyis was so that i could access my money while abroad because A& L could not guarentee my visa electron card would work abroad. I had never had one charge from the A&L since i opened the account in january 2007. however I arrived back froma 3 week camping holiday in france to find the direct debit were still trying to be taken, the account is now £501 overdrawn becasue I am refusing to pay the charges they slapped on the account while i was on holiday. I have wrote to them 3 times now all letters sent recorded delivery and requested they refund the charges to the account and close the account.

I have had one reply saying they are looking into my complaint. can I make them refund the charges to the account and close it.

The account was £3-43 in credit when I cancelled everything.

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alliance and leicester are a joke.most of Mine were cancelled too but they told me that i needed to contact the payee and cancel with them too. when bt took the charges from my account for telephone they were supposed tp be £21 per month ...they took 84 pound which took me over drawn and it was on the wrong date

what happened to direct debit guarentee? they make me sick.ive moved my benefits to halifax now and will arrange to pay back my overdraft to them so much per week :) will go to the cab in needed.

 

good luck with yours wobbles...they make me sick

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The account was £3-43 in credit when I cancelled everything.
Did you do it all in writing?

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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.ive moved my benefits to halifax now
'frying pan' and 'firer' spring to mind - it's Halifax we are taking to court!

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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Vodster, I'd avoid the CAB if I were you. Their efficacy totally depends on who you see and that's up to chance (and possibly a long wait).

 

Rather call the National Debtline on 0808 808-4000.

 

They are also a charity but employ full time advisers. The one I spoke to recently was absolutely on the ball. They also have a load of fact sheets for downloading or receipt by mail.

 

Good luck.

 

Van

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well i dont have any cheque book for halifax,so will be with drawing money and paying every thing in cash...no over draft either.

 

ive done every thing by the phone and follwoed it up with a stern letter as directed by the financial ombudsman :)

 

Vodster, don't know if i've mentioned on this thread, but prior to making any telephone call you should equip yourself with a pen and paper. Make a note of the date and time, and when your call is answered, take a note of the person you are dealing with, and in what department (it is more than likely you will be dealing with a call centre - in the banks case it will be owned and run by themselves). Take notes of everything that was said and the time that you terminated the call.

 

Put this note in an A4 file with any correspondence in date order which you can relate to in the future.

 

You can guarantee that the person on the other end of the phone is logging the full details of the call in their computer logs, which may or may not be used against you at a later date.

 

They will not expect you to do same.

 

Do not be afraid to tell them that you are recording your call - this will only make them act courteously.

 

Tide

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Steven. yes I wrote all letters to them regarding the charges and sent them all recorded delivery (also stating that the only monies ever paid into the account were wroking tax credits and childrens tax credits.)

 

But I didnt cancel the direct debits in writing I did that on thier internet banking service on the 29th May 2007 before going on holiday from 2nd june 2007 till 24th june 2007.

 

When I first wrote to them regarding the charges on 25th june as soon as i had opened all my mail and realised the charges had been applied the charges were apporx £350, so since I have wrote to them they have still added a further £150 charges

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You doing it on their internet banking service should be just as good as writing to them - more reliable, if anything. I recently cancelled a DD membership subscription and within a few days got a letter from the organisationasking why I had cancelled it, wasn't I happy with their service, etc. So the bank had passed on the info that I had cancelled the DD online.

 

If you are not getting anywhere on the phone perhaps send a modified prelim letter - drop out all the penalty/UTCCCR stuff and just put charges made in error and explain the circumstances (again). Then follow up with an LBA. I know it will probably take some time but I can't see a way of budging them otherwise.

 

Anyone else any suggestions?

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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Thanks steven. think I will probably do that, then at least if I do end up going to court it will prove I have made many attempts to try and resolve the situstion with them.

 

However I have the feeling they dont even read the letters. Think now with the test case they just simply ignore them and send out templated letters. give me 5 mins and i will post some of the letters ive had from them

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8th june 2007

 

standard templet letter informing me im overdrawn by £55-34 even though i dont have an overdraft facility.

 

18th June 2007

 

same template letter only this time im over drawn by £259-34 (so you can see they are just piling the charges on)

 

16th July 2007

 

reply to my compliant regarding the charges.

 

Dear Mrs Wobbles

 

Thank you for taking the time to contact us to highlight your concrens.

We are currently looking into the issues you raised and will let you have our response as soon as possible.

Alliance & Leicester is committed to resolving compliants as fairly as possible and our leaflet explains the actions we will take. (no leaflet enclosed)

In the meantime, if you feel the need to discuss this matter further please contact us on 0116 200 3900

Yours sincerly

 

Paul Gandy

Customer services.

 

3rd August

 

Long letter saying they have already asked me to clear the overdrawing on my account, it is still overdrawn by £446-39. This does not include administration fees or debit interest that will now become due.

 

I must repay immediately otherwise further action will be taken which may lead to the closure of your account and legal action being taken against me.

 

Then bla bla bla stuff about adverse credit infrmation and terms and conditions

Signed D Bolland (who has never written to me before although he starts his letter (Although I have already asked you to clear the overdrawing))

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THe test case is irrelevant to your case - you are not asking for the return of penalties you are asking for them to rectify a mistake! Perhaps your letter shouldn't say "Request for repayment" at the top. Put "Request to repay money charged in error". In 18pt. in Bold (in red if you have a colour printer)

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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Hmmm, I am so angry with my bank Lloyds.

 

Today I was told that the bank does not keep information, which go back further than 10 years, on customers' accounts. I am sure that somewhere I read that they keep it going back many years further back to the beginning of an account history.

 

Can any one enlighten me as to whether or not this is true?

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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VS write back & ask them that,

 

in order that I might consider any further action please advise how & on what date you disposed of my data. I feel this is particularly important for me to know as my account is still current

 

(assuming it is of course)

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Hi

I think the thread your looking for is titled: 'claiming beyond 6 years- important new information'. i think it states in there some dates for banks like Abbey & barclay. might be worth checking if its this one.

Good luck

Reeta

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Hi everyone,

 

i have been reading this thread with interest.

 

Nationwide have been taking my benefits, tax and child credits and income support, for the last 6 years, and it has amounted to approx £4000. I am a single parent of 2 girls, and a mortgage.The bank has spiralled me into more and more debt, as every time they do not honour my direct debits, i then get charges from those companies too. I am so sick of this situation. I was working 7 days a week, to try and keep my head above water. I have just recieved a statement for this month and have seen that another charge of £102.68 will be taken at the end of the month.It was the same for the last 3 months.I am really struggling to pay my mortgage wich has increased by £300 a month because of interest rises. I finally snapped yesterday and called the tax credits office and asked them to stop paying my benefits into my account, and to send me a giro. But now i dont know what to do about my direct debits, because if i put money in to pay them, it will be taken for charges. I would like to open another bank account, but cannot, until the CCJ is lifted against me, next year.(see my thread in Barclays Bank). I am going to contact my bank and see what they have to say, and also will be sending them the letter at the begining of this thread. Are they likely to take any notice of it?

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also will be sending them the letter at the begining of this thread. Are they likely to take any notice of it?
Hi ammani

 

Unfortunatley your story is all too common - which is why we need to challenge the banks everyway we can about this. As tro your quetsion - I'm afraid the answer is 'probably not' but it will be evidence you might be able to use later.

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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Hi steven4064,

 

thanks for that

 

Am livid now, just got a call from the service manager at Nationwide, have his name, but not sure if i can use it, for legal reasons, lol he threatened to sue me!! As if i care! As i said i would go to the media and quote what he said. Said it was not illegal for them to take benefits for charges and that they will not refund them.I said i wasnt at the moment asking for a refund, but want them to stop taking my benefits for their charges, and that i will be sending letter of Appropriation. Things got quite heated i am afraid, lol i asked him how he could sleep at night, and how would he like to get bank charges!! He did say he got them. I also asked if he thought it was ok, to take benefits and leave families without money to survive on, and he said more or less tough luck!And it wasnt Nationwide's fault but mine. Has anyone the number they called for DWP office to help them, as i have been calling around all morning, and being shoved pillar to post.Tax credits office say they cannot help and put onto other office who say the same.

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I don't think you'll get much jot from DWP either - see here for reply from our local Job Centre.

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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Ammani, I would like to see YOU control your affairs and not some miserable little bank clerk.

 

No matter what you, I, or Nationwide think of British Law - it still exists, and has done at least since Magna Carta and until the idiots who want us to be ruled by Brussels get their way it is still applied.

 

And it is illegal for banks to take your - or my - state benefits to pay their own grubby little charges.

 

I phoned the National Debtline for advice on the very same problem and one of their first pieces of advice was to open a parachute account. They recommended, among others the Co-op Bank which will open a basic account called Cashminder for anyone who has not been convicted of fraud. A CCJ does not count as fraud. All your benefits should be paid into that account and then you will hold the whip hand over Nationwide and will be able to tell the little jerk how YOU intend running your affairs.

 

Please let me know if you want links on this site, phone numbers or anything else.

 

I'll help to the best of my ability.

 

Best regards.

 

Vandermerwe

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Hi vandermerwe,

many thanks for your reply. I too want to be in control of my finances. Today i set in motion the procedure to set up an acccount with the post office, so my benefits can go in there, and not the bank.Thanks for the info, i will also look into this Cashminder account, to see what it offers.Direct debits are my problem, but i am going to call the companies involved, and see if i can pay some other way.I'll be damned if Nationwide are going to take another penny from me for charges, they have had approx £4000 so far.I will als be taking this matter up with my local MP and the FSA.I have already lodged a complaint with the Financial Ombudsman, against Nationwide. I asked what would happen if i closed my account with them, and they said as long as there were charges, i couldnt! I told them to whistle for them, let them take me to court, i will put in a counter claim.I will fight this all the way.Thanks again for your most generous help.

 

Regards.

 

Ammani.

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