Payday UK just took all my JSA benefits from my bank

[mikeypaddon2]

Hi all, not sure what to do.

I had three payday loans and recently lost my job.

 

Just checked my bank account now and see that PDUK have taken my JSA benefits paid in early this morning

and I'm now left with 57p to last me for 2 weeks

and I desperately needed much of it this morning.

 

What should I do?

 

Do my bank, Nationwide, have to return this money as it is a DWP benefit, or is that it?

[renegadeimp]

Go to your bank and get it refunded. Do not take no for an answer.

[RobbingHood]

Did you tell Payday UK that you couldn't meet the repayments?

 

I think with benefit payments they will have to refund you, like the above says, don't take no for an answer as they will try and tell you there's nothing they can do

[mikeypaddon2]

I'm going to go this morning to try to get the money back as I only have 45p on my key meter and about two packets of noodles in the cupboard I think what I'm going to do is try to BS my way through it and say that I have spoken to the DWP and also the FSA and that they have told me that under the Social Security Act 2002 they are legally obliged to return any benefits taken out of my account, just hope it works!

[*RainbowTears*]

Hi all, not sure what to do. I had three payday loans and recently lost my job. Just checked my bank account now and see that PDUK have taken my JSA benefits paid in early this morning and I'm now left with 57p to last me for 2 weeks and I desperately needed much of it this morning. What should I do? Do my bank, Nationwide, have to return this money as it is a DWP benefit, or is that it?

 

The exact same happened to my son, but in his case was Wonga (I didn't know he had gotten a PDL loan) & he banks with Lloydstsb. The Friday before Christmas his benefit money went in, also to last him 2 weeks. Wonga cleared his account out leaving him with approx £3 to live on.

 

I told him to ring the Bank, they told him it was Wonga taking several varying amounts totalling just under £400. They advised him to call Wonga.

 

He did so & after being passed pillar to post & back for 40 mins they hung up on him. They were not interested that they had left him without any funds to live on.

 

So I told him to call his Bank back & do a Visa chargeback. He & I both spoke to the advisor & got absolutely no where, so I asked to speak to a Manager. My son & I explained, (he's Autistic btw hence why I also spoke on his behalf) in turns that it was benefit money & all he had to live on, he also stated some Social security act that says Benefit money wasn't to be used to pay debts (can't remember exactly what this was now). But the Manager, as helpful as she was, said she couldn't do a chargeback. Although in her own way I think she was trying to help us by certain things she did say.

 

Over a hour later & nearly loosing the will to live, I gave up & put my son back on the phone & left him too it..

 

He came out to me 20 mins later smiling. As he remembered going into Lloydstsb early November & sorting out his account cancelling DD etc, the Manager asked him exactly when this was.

 

So he said it was around the 4th, with that the Manager authorised all Wonga payments to be reversed back to my son from this date. It took nearly 2 weeks to get the money back due to the Christmas period but he did get every penny back. She also told him that no more payments would be paid out to Wonga & that he had to deal with them as Wonga would be wanting their money.

 

I advised him to write Wonga a letter & to pay them the original loan £100 plus 1 months interest.

 

Now personally I do believe the Manager tried her best to help him, but they are restricted in what they can say or do.

 

The above may not be totally similar to your situation but I just wanted to share this with you, in the hope it may help yourself or anyone out there also going through this.

 

Good luck & hoping you get this sorted.

 

PS, some details above were changed just in case the PDL involved is hanging around.

[mikeypaddon2]

Yeah I hope they give it back to me today as I actually have nothing until a further two weeks. Looks like I might have to go foraging in the woods lol

[Crocdoc]

I am not sure if you have withdrawn consent, however this may assist when you meet with your bank.

 

Regulation 55 of The Payment Services Regulations 2009:

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

 

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

 

You can learn more about your rights via the following fsa guide :

[mikeypaddon2]

Thought I'd ring nationwide before I went into the branch and the guy said there was nothing he could do even though it is a benefit payment and I will have £4.57 to live on for two weeks and that I was incorrect about the bank having any obligation and told me not to bother going into my branch as they would say the same

[Crocdoc]

If you have not cancelled prvious payments the n we may have difficulty recovering the money already paid, however it is posible to cancel all future payments by writing to your bank instructing them to stop the withdrawals.

 

Atach this to you letter take it to the bank . (Keep a copy for your records)

 

Regulation 55 of The Payment Services Regulations 2009:

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

 

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

 

You can learn more about your rights via the following fsa guide :

 

 

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loans. The card may be debited annually, monthly or at other regular intervals.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA Know your rights booklet which is available on the FSA website at www.fsa.gov.uk.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

 

WRITING ONLY, NEVER EVER BY TELEPHONE.

[mikeypaddon2]

Well, basically I'm screwed. Nearly got thrown out of Nationwide after demanding a refund of my benefits, spoke to a manager at Payday UK and despite me telling him that legally my benefits were protected by law, he wasn't having any of it. CAB and National Debtline no help at all, just told me exactly what I had already found out on the internet myself. Oh well, looks like I'll just have to dig out my old air rifle and find some rabbits in the woods. It's either that or eat dust ha ha. Going to probably go to bed in a minute as I've now only got 19p on my meter. At least it's only for 2 weeks I suppose, some people are in this predicament for months or longer, maybe I should think of that!

[mikeypaddon2]

Actually, scrap the rabbit hunting! I wouldn't have any way of cooking it now lol!

[renegadeimp]

You need to get a formal complaint in mikey. I'll alert a site admin, so they can give you specific advice.

[mikeypaddon2]

Thank you, I don't know what else to do to be fair

[dx100uk]

nationwide are WRONG.

 

very wrong

 

not only....

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

 

 

but alse BCOBS me thinks...

 

adapt this....the letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits