They can't do this can they?

[bs58]

Hi,

 

A couple of months ago I started a debt management plan through Debt Free Helpline. On their instructions I cancelled all direct debits, including one for a Halifax loan. They phoned today asking for payment, which I said I could not make, but offered to make a token payment next payday (2 weeks away), which he was happy with. He then noticed one of my other accounts had enough in to cover the normal monthly payment, and asked for payment out of that account. I explained that money was my Working Tax Credits allowance and I told him I needed that money to pay other commitments, feed family etc. He started getting really 'bolshie' and his reply was "It's there, we're taking it, the transfer is going through" and hung up. I checked my bank when I got home from work, and the money had been taken right enough. Surely this is theft, as I had not given permission for that money to be taken.

 

I tried phoning Halifax but they were shut, which in hindsight was maybe best, as I was livid to say the least, but I'll be right on the phone tomorrow morning demanding the money is paid back into my account.

 

Has anyone else been treated this way, and what was the outcome?

 

Cheers.....Brian

[knoxvillain]

I maybe wrong but I think they can do this. When i joined a debt management program, I remember reading something from HBOS that said they could take money from any other account to cover payments. Thats why I shifted my wages to a new account with RBOS, so HBOS couldn't get their hands on my cash. You might find this useful though:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

[barracad]

This process is known as "off-setting" and appears to be perfectly legal.

 

However, please check out the right of appropriation link to stop them from taking your tax credits.

[bs58]

Thanks for the replies!

I suppose it might still be worth a try phoning them back tomorrow. Anyway I've transferred all my money, and wages are now being paid into another account with a different bank. At least the b*****ds won't be able to do it again next month.

[maryhillgull]

Hi I have just finished reading this thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/74663-allowed-not.html and I think that from what was said they can't remove money from a current A/C to a loan A/C without your permission. The thread is quite long but it may give you some ammo to fire at them if you do decide to phone them back.

 

Cheers Maryhillgull

[bs58]

Thanks for that......I've had a good read of that thread, and it brings up some intersting points for me to throw at BoS when I phone them, which will probably be Tuesday now because of the Easter Bank Holiday:(

 

At least with them being shut for a few days I'll be far more composed when I phone, instead of going in yesterday with all guns blazing and getting nowhere.

[eileen58]

Hi bs58,

 

Consider yourselve lucky that they only took your money. One Sunday morning I received a call from b.o.s. who wanted payment for my c.c. I told them that on Monday morning I would go into the bank and pay my c.c. but that was not good enough for them. I had £60. in my other account that I had put in to cover a d.d. on the Monday and because I would not let them take the money (because the d.d. would have failed and I would have had another charge of £39.00) so I said no you cannot take the money. This person(right) got really cheeky and said that he was going to close my account and nobody would get my money. What a hassle I had to get that account opened up again. The account was only opened up when I accepted the banks offer for my charges. Even then it took the girl in the bank over an hour to open up the account.

I had a little bit of leverage against the bank because I said that I would not accept they're offer until the account was opened. I also said that I would just continue with my case at court and inform the sheriff of the banks attitude and that I would be looking for damages against the bank.

Obviously the bank did not want to pay me any more so they agreed.

The moral of this story is do not talk to the banks or c.c. on a Sunday morning when the staff are ****ed off having to come into work on a Sunday morning with a hangover.

Eileen

[bs58]

Hi Eileen,

 

I get really angry when I hear stories like yours....who the hell do they think they are?

Like you, the jumped up little git who 'phoned me last Thursday had a real attitude problem......but I have plenty of ammunition to fire at them when I call them on Tuesday after the Easter break. I hope they had a really nice wee holiday, cos I'm sure as hell gonna spoil their first day back at work

 

In a way, I'm glad they've been shut over this weekend as it has given me some time to prepare a more measured and informed approach, as opposed to wading in with all guns blazing if I'd managed to phone last Friday.

 

Brian

[eileen58]

Hi BS58

 

I know what you mean they really are pompous little twits. I had one of the call centre staff basically held hostage when I was at work one day (I don't want to say what I work at) and I basically told him that it was because stupid little boys like himself who have never experienced life yet find great pleasure in getting into arguments with people. He told me that the bank that he works for have a dedicated department of people who can take the abuse over the phone from customers because they where the hard ones. I asked him if he was proud of this and he said yes. What a twit. By the time I had finished with him he was glad to leave.

No wonder the banks have staff like him, he has never lived life yet and still stays with his mummy, but god help him the big bad world will eventually come knocking on his door. smug little ######

Eileen.:evil::evil:

[knoxvillain]

yeah I have a friend who currently works in a call centre for an ISP and he says the standard of the staff is shocking as is their attitude. He's actually a minister between positions atm so he's really caring when it comes to customer but he says many of his collegues are students who couldn't care less about anyone but themselves but the older generation seem to actually want to help people.

[maryhillgull]

Hi bs58

 

One thing you might like to consider when you phone is telling them that you are recording the conversation, you are entitled to do this if

a: they tell you they are recording for monitoring purposes. i.e "this call may be recorded ........."

or

b: just tell them you are recording this conversation for your purposes. (they can refuse to speak to you) but then ask them why?

 

Wether or not you do actually record the conversation they will still be on their toes.

 

Just an idea

 

Cheers

Maryhillgull

[bs58]

Hi maryhillgull, Funnily enough I was in the middle of reading a thread which suggested exactly the same as you have, when I got e-mail notification of your reply!! Premonition or what !?! .....and Knoxvillian, I'd agree with you on that one. I've found that the 'older sounding' people do generally tend to have a more helpful, or at least considerate and polite attitude when speaking to them.

[texel]

I may be wrong but somewhere in the back of my mind I heard that banks cannot take benifit money to pay an outstanding c/c.BOS can be bad about their phone calls my son had a call from them on Christmas eve looking for money for his overdraft. I am currently handling a summary case for him and if we go to court I sure will let the world know:mad: Good luck in your endevours

[bs58]

Hi texel, You are correct.....and that is forming the base for my argument (sorry....discussion) with them tomorrow when I 'phone. They are in violation of the Social Security Administration Act (1992) section 187, by unlawfully assigning my FTC payments to cover D/D payments, even after I cancelled the D/D following advice from the debt management company. Should have the money back in my account tomorrow, and if not....it's off to court we go.

[texel]

If you do set up a court action add a bit for trouble interest and anything else you canthink about best of luck keep in touch

[eileen58]

Hi BS58,

 

The banks certainly do take your money from your account. I had my name on my brothers account because he does not keep to well and all that goes into that account is his benefits. I got a call from him and he asked me if I had taken money out of his account and I said no, so down to the bank we went and guess what the c.c. had taken out my payment for my c.c. No notice no nothing. I must say the girl in the bank was very good and she eventually had to confince the c.c. people that the only person who took out money from that account was my brother.

Even after she explained that it was only benefits that where paid into that account she still had to basically beg them to give back the payment.

That was when I found out about how it was illegal to take out benefits.

The banks just don't give a monkey's

 

Eileen

[texel]

try and hit the bank hard for taking benefit money out of your brother's account. They had no right.

[bs58]

:D SUCCESS:D

 

After a bit of a fight and more than a few phone calls they have finally agreed today to give me my money back!!

 

Thanks for all your advice and support!!

[texel]

great news:D keep up the good fight;)

[eileen58]

THats great bs58 its the best feeling in the world when you win something with these people. Its great when you can actually win an arguement with them, because we are starting to know our rights because of this site.

 

Eileen:):)

[lori1]

Well done eileen, it is amazing just how much you learn isn't it?

[elkay115]

Been reading this thread with some interest. I missed a payment for my Lloyds credit card last month so they went ahead and took it out of my current account instead. All i get paid in the account in Benefit payments, so should I be able to call them and get my money back for that.

[Seahorse]

Yes.

[bs58]

Hi elkay115,

 

Your benefit payments are protected under the Social Security Administration Act (1992) section 187, so yes you are entitled to your money back.

 

Brian

[elkay115]

Cheers Seahorse and BS:)

 

Already phoned them and after half an hours arguing, they are putting the money back into my account. I also told them that from now on they can expect a £1 token payment from me for the next 6 months and that I want them to freeze the interest for the next 6 months also