Is the bank taking your Benefits ?

[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

[1234debt]

hi JonCris, thanks for the quick reply! I just rang back and I think I spoke to the same woman again(she was a little more polite this time). She said they won't send me a letter as there is nothing worth sending! So I asked for her name and wrote out what she said verbatim.... "Any charges raised on my account will be taken from the account as and when they are raised in accordance with the account. Means by which I fund the account is my choice. They are not directly taking from my benefit but from the monies paid into my account" The only money paid into my account is my benefit though thanks again!

[TideTurner]

1234debt,

 

It is clear that the lady who you spoke to either has no idea about the legislation made to protect you, or has been told to defend the banks corner under any circumstances. Have you written to them outlining this legislation (found at the beginning of this thread). It costs money to do so, but you then have a record which you can use later on to show the Court - or put pressure on them to return all charges plus contractual interest.

 

 

Pay no attention to the lady on the phone, put your entire claim in writing, including the legislation. When you say you're on the second stage, I take it you have sent a SAR and they have not yet provided the information requested?

 

Push them for the rates of interest applied and the method used to apply it (daily or monthly).

 

They won't supply these figures, but you will have a letter to show to the Courts that they have been completely non-compliant.

 

Then claim whatever interest you want, and look for them to contest it.

 

Aim high, and accept middle - never go in with a low claim.

 

Tide

[JonCris]

Also address your next letter to the manager & reiterate your discussion with his member of staff & that you have sort advice & know she has attempted to mislead you as to the law. Furthermore you have reported their illegal conduct to the DWP.

 

Also it's worth noting that under the 2006 Fraud Act giving such misleading information is a criminal offence as follows:

 

All Theft Act deception offences are abolished to be replaced by 3 new fraud offences:fraud by misrepresentation.......fraud by failing to disclose information and fraud by abuse of position..

Under section 1 a person is guilty of fraud if they are in breach of any offences in sections 2,3,4.

Under Section 2 representation must be made dishonestly which is established under the two-stage test as set out in Rv Gosh (1982) QB 1053, 75 Cr App R 154 in which the defendant was dishonest by the standards of ordinary people

Subsection (1)(b) requires that the representation is made with the intention of making a gain for himself or causing a loss or risk of loss to another. Loss and gain are defined in section 5 as being money or property

[1234debt]

Hi TideTurner, thanks for your reply. I think the first time I called she didn't have a clue but by the second call she must have spoken to a supervisor because she explained herself rather than just telling me I was wrong without giving any explanation. I will definitely put it in writing and I'll add the section JonCris kindly provided on fraud.

 

 

 

With regards to claiming back charges I have recieved my statements and then sent the letter asking for my charges to be refunded with interest. In the letter I stated they had 14 days to reply and that ends on Tuesday 3rd April, so I'll be sending my third letter off on Tuesday afternoon providing they haven't replied by then. These extra charges that have been flagged have occured on my account after I sent the letter and I have not as yet paid them so they are still outstanding. I haven't paid them because I took money out on the same day it went in when they told me it was fine to do so, they then said they'd charge me for this and as I couldn't afford to pay the charge I moved to the post office account so they wouldn't take the only money I had to pay bills/rent buy food etc... thanks again for your help guys, it's really appreciated!!

[Perseus]

Don't forget to add the recent charges to your claim!

Also - are you claiming interest back on those charges?

 

Perseus

[surprise]

I posted earlier in this thread regarding my daughter's charges. I did as Tide suggested regarding the additional charge due on 2nd April but despite this they have still taken the £35.00 from her account today making her o/d. I've received 2 letters from them,the usual ones everyone else seems to be receiving. It seems like legal action is the only way forward now unless you can suggest anything else.

[JonCris]

surprise present yourself at the bank (with a signed authority from your daughter) & ask to see the manager. Then after telling him/her about the disgusting way you where treated on the phone ask them to refund the money whilst pointing out that by taking penalty charges from her benefits they are in breach of the Social Security Act

 

Also take a copy of the act's wording

[surprise]

I've done everything I can I have been told that I have to wait for a decision on my letter to regarding claiming back charges. I also copied in the relevant Benefit Agencies and the MP. I've given Lloyds until 11th April and will go to legal proceedings then. She is going to open a Post Office Account.

[purejayne]

This is outrageous.

 

I'm waiting to see what happens tomorrow - as I said earlier I have sent a letter to the Abbey head office and my branch quoting the Social Security Act and telling them not to take my benefits as they are going into my account tomorrow and surprise surprise Abbeys charges of £50.00 are going out then too. If I log on tomorrow morning and find out they have taken their charges out there will be hell to pay. I'll be on the doorstep of my local branch at 9.00 am.

[surprise]

I've quoted the act to them aswell. The charges are shown as o/d and I handed in a letter at the same time as visiting saying that she needs her money tomorrow so I will see whether they have any conscious and not take it. Won't hold my breath though. Hope everything is OK for you tomorrow. good luck.

[purejayne]

Thanks. I'll let you know. You never know, our communications may by some slight chance have gone to someone with a brain and a conscience but I'm not holding my breath.

[Perseus]

Surprise and Purejane

 

Sorry to hear that you're still getting bombarded... Have you kept informing the agencies that pay the benefits. They too can add pressure, especially if they continue to add charges after being notified/complaining.

You could also call your local trading standards office, and ask for their advice.

Don't let up on them - I know it's easier said than done, it's stressful, time consuming and bloody frustrating, but you cannot let your guard down for one moment.

 

Keep going

All the best

Pers

[purejayne]

Thanks Perseus -

 

I've applied to open a Post Office account but it takes a few weeks - in the meantime though Abbey are still helping themselves to my benefit money. You're right - it is frustrating. Thanks for the info about Trading Standards - I'll be onto them and also the CAB if it happens tomorrow. Apparently the CAB can help too?

[surprise]

I'm not letting them off the hook, she wasn't in debt when she had her payment books and managed really well. She had £105 bank charges one week and had to borrow the money to paid into the bank. I had actually paid the money into the bank for her to cover the D/Ds but they bounced them all the same.

[surprise]

Well I've just checked her account and they stopped the £35.00 that means she's got £20.00 to live on after a D/D has to come out. I just love Lloyds. What worries me is she can't be the only one in this situation and she has been lucky in that we help her out but there are a lot of people who don't have anyone to help them out.

[purejayne]

This is why we must not let them win - we must fight for our own money.

[surprise]

Well I hope you have better luck tomorrow. Will be interesting to see whether it is just Lloyds that are so bloody minded.

[Perseus]

I personally think, because there is a 'claim-back' culture growing against them, they'll try and recover money in any way they can.

Don't forget - they have the upper hand, they have immediate access to your money. They won't be worried that you're chasing it to be refunded, that takes days/weeks....They've earned interest by then.

 

My other half had a problem with Alliance & Leicester, she's on bebefits...opened a NatWest account, got it confirmed within 1 hour, cards/cheque book 4 days, card activation 2 days after.

They couldn't have been nicer.

 

Speak to all the agencies, the Trading Standards, CAB if you'd like but TS will advise just as well, and send a letter after, addressed the the Branch Manager stating your full complaint, the who-said-what-and-when details, enclose a copy of the appropriation letters you've submitted, and copy and print off the Social Security act and letter at the start of this thread.

Then give him/her 5 working days to respond favourably, returning all the charges.

Just as a side note - have you both got your SAR details yet?

 

If so - and your parachute accounts are open and ready, stick it to 'em and get those letters of reclaim going asap.

If not, warn the manager that if they are not complied with by the 40 days (or 5 working days) you'll be going to court to request an order for them to comply.

 

Chin up

 

P

[surprise]

They've got my letter before legal proceedings they've got until 11th April 07. I was hoping they would cough up so I wouldn't have to go through that I really do have enough on my plate. I also copied in the Benefits Agencies and MP also quoted appropriate Act. Just a waiting game now but say I am really annoyed at the Bank especially asking not to take the £35.00 this week.

[Perseus]

So the amount you've requested - is it a lot or a few hundred? sorry to be nosey, it might give a gauge as to whether they will wait for you to file proceedings before an offer is made!

 

In your letter - have you included a schedule of charges, and if so, included a claim for contractual interest?

 

If you've had any communication from a manager/senior customer service person etc, it might be worth a call before the 11th, just to ask them if they are going to respond to your letter!

One of two things may happen, 1 - yes and we'll see you incourt (which you won't, just gotta go through the rigmorole), 2 - so what is it you are actually looking for Mrs Surprise?

 

Just stick to the contents of that letter. Any comments, ask for a response in writing within the time frame allowed. Warn them if not, you will pursue the case at county court.

 

As you said, just a waiting game now (chicken) who'll back down first? NOT YOU!!!!

 

All the best

P

[surprise]

I don't mind you being nosey. Its only £325.00 + this other £35.00 but bearing in mind benefits haven't been paid that only into the bank about 3 years so this is only 3 years of charges. I didn't add interest but I will put 8% on if it goes to Court. I think that is my understanding. I thought if i didn't add interest they would be more likely to pay. Just goes to show. It seems ludicrous that they are letting it go this far thus incurring all these extra charges when they could settle at a lower charge. At one time Lloyds use to let you put the money in the same day but they changed this. When I asked when they changed it they said October 06. I asked if she had been notified they said yes with her bank statements. She doesn't receive paper statements. Thats why they refunded the one charge to her. Its been an eye opener joining this site it beggars belief some of the rip-offs.

[Pliny the Penuriosus]

Benefits can be paid into any persons account at the request of the beneficiary.

[midnight1]

Waiting game indeed, my bank made us wait, the excuse from the branch Manager when he phoned persoanally was that the letter had went through "a few" different departments. Now why would a letter adressed to "The Branch Manager" both on the envelope and on the letter header need to go anywhere except his in tray is beyond me!

 

Now I just gotta find out who tried helping themselves to my cash from my new account with another bank via an unauthorised DD, Ive got the cash back instantly when I called the bank but thats besides the point.

[Perseus]

I don't mind you being nosey. Its only £325.00 + this other £35.00 but bearing in mind benefits haven't been paid that only into the bank about 3 years so this is only 3 years of charges. I didn't add interest but I will put 8% on if it goes to Court. I think that is my understanding. I thought if i didn't add interest they would be more likely to pay. .

 

Surprise---- If you receive no joy with your current letter, you could re-consider adding contractual interest...after all -- they charged the account overdraft interest didn't they?

Mutuality and reciprocity prevails!

 

 

Waiting game indeed, my bank made us wait, the excuse from the branch Manager when he phoned persoanally was that the letter had went through "a few" different departments. Now why would a letter adressed to "The Branch Manager" both on the envelope and on the letter header need to go anywhere except his in tray is beyond me!

 

Now I just gotta find out who tried helping themselves to my cash from my new account with another bank via an unauthorised DD, Ive got the cash back instantly when I called the bank but thats besides the point.

 

Might be worth asking the bank to start an investigation.

 

P