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Claim for charges taken from benefits


steven4064
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I am taking a rest from suing NatWest to take on Halifax on behalf of a friend. This is slightly different from other bank charge claims because we are not claiming that the charges are unlawful contract penalties (although we believe they are) nor are we claiming they are unfair under the UTCCR 1999 (although we believe they are).

 

In this case, all his income comes from Income Support and Child Tax Credits. Therefore we are reclaiming the charges on the basis that the bank has no right make charges against money from the public purse given to support basic family needs - Social Security Administration Act 1996 and Tax Credits Act 2006.

 

Here is the draft Particulars of Claim

IN THE XXXXX COUNTY COURT

 

BETWEEN

 

Friend of Steven4064, CLAIMANT

 

AND

 

HALIFAX plc DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant has an Account Number xxxxxxx, Bank Sort Code xxxxxx ("the Account") with the Defendant which was opened in September 2003.

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of referred Direct Debits. These charges have caused the Account to become overdrawn, which has in turn led to the Defendant debiting the Account with further charges. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

4. Since August 2003, the Claimant’s entire income has been derived from Income Support and Child Benefit paid by the Department of Work and Pensions and Child Tax Credit paid by HM Revenue and Customs. This money does not belong to the Claimant but is public money to be spent on the basic needs of the Claimant and the Claimant’s family.

5. The Claimant contends that the charges debited to the Account and detailed in the Schedule constitute assignment by the Defendant and to the Defendant of moneys paid to the Claimant in state benefits and are therefore unlawful by virtue of

a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and

b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit.

6. The defendant has, in addition, levied interest on these charges which is also detailed in the Schedule.

 

7. Accordingly the Claimant claims:

a) the return of £xxxx (xxx Pounds Sterling) taken by the defendant in charges detailed in the Schedule and interest applied on the charges of £xxx (xxx Pounds Sterling and xx pence);

 

b) court costs;

 

c) interest under section 69 County Courts Act 1984 at a daily rate of 0.022% (8% per year) up to the date of judgement or earlier payment.

8. The Claimant also respectfully asks the court to make an order requiring the Defendant to cease making charges in contravention of s187 of the Social Security Administration Act 1992 and s 45 of the Tax Credits Act 2002.

I believe that the contents of these particulars of claim are true

Any comments gratefully received.
  • Haha 1

Steven

 

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 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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I wish you and your friend every bit of good luck possible.

 

I come across an awful lot of people in this situation. Banks seem unaware of appropriation or disinclined to adhere to it. It causes untold misery and the states money is taken from the mouths of babes. Thats the reality.

 

Sincere good luck!!:-)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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I come across an awful lot of people in this situation. Banks seem unaware of appropriation or disinclined to adhere to it. It causes untold misery and the states money is taken from the mouths of babes. Thats the reality.
That's the reason we are doing it. Thanks for the support.

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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All the best with this. I'm kind of wishing I had done the same, just for the principal as Nationwide were taking their charges from my Tax Credits, Child Tax Credit and Child Benefit. (settled now though on the standard basis of reclaiming)

 

The motivation for this claim, ie, the bank have no right to touch this money due to it being ESSENTIAL for families, proves how low they will stoop to make a profit. I don't think there's a judge in this country who could disagree with this. An acceptable level of charges could be argued for years, but there's no way benefit money should be debited, especially by disgustingly rich institutions like banks, who can afford a little lee-way for the less financially fortunate.

 

Who knows, maybe they will do like a charge chart/scale thingy, where the level of charge that's applied to you depends on which income threshold you match. I may be a away off on one here...:rolleyes:

 

Anyway, GOOD LUCK to you and your friend! I'd say this is a more solid/straightfoward basis for a claim than disputing the unlawfulness of a charge, opinions on the latter are bound to vary, but I don't fancy a bank standing up in court and trying to justify taking 120 quid worth of charges off a single parent! Looks like you've got it well covered by the law too.

 

All the best :-)

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i wish you and your friend good luck its about time the banks realised they cant keep

taking peoples only means to live on beneifits are given for a good reason and not for them to

further line their pockets. good luck to you both

 

 

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HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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same here moneyhelp ,, they took off charges i went in and spoke with them explaining to them is the only money i had and could they plzz take a lil off each week ,, more or less told tough cookie :(

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Can everyone who has posted here please go to Stevens first post and complete the petition, assuming you are in agreement.

Stevens post has a link and it is easy to complete.

Any questions, please ask.

Thanks:) or here as easier

 

Click here to sign Downing Street petition on banks unlawfully taking claimants' benefits

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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I got a 'go away our charges are allowed' letter from the Halifax then sent a similar one to the one above and got all my charges back within a couple of weeks! There was more money than the tax credit going into the account (not much) and I expected them to say they had taken the charges out of that. But no - they paid up - basically they are NOT ALLOWED to take benefit money and that includes WFTC and child benefit. I think this will still be the case in spite of the OFT situation.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Can everyone who has posted here please go to Stevens first post and complete the petition, assuming you are in agreement.

Stevens post has a link and it is easy to complete.

Any questions, please ask.

Thanks:) or here as easier

 

Click here to sign Downing Street petition on banks unlawfully taking claimants' benefits

 

I am not comfortable signing anything on the www whilst I am claiming.

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Steve, I would also include the other (normal) arguments.

 

However, you're sure to win:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I got a 'go away our charges are allowed' letter from the Halifax then sent a similar one to the one above and got all my charges back within a couple of weeks! There was more money than the tax credit going into the account (not much) and I expected them to say they had taken the charges out of that. But no - they paid up - basically they are NOT ALLOWED to take benefit money and that includes WFTC and child benefit. I think this will still be the case in spite of the OFT situation.

 

Glad it worked out for you Goldlady!!!:-)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Steve, I would also include the other (normal) arguments.

 

However, you're sure to win:)

We thought of that but decided not to so that it doesn't get stayed. We can go back and claim earlier charges (when my friend was earning) after the OFT case.

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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been thinking of taking similar line in my case, vincymum v barclays post60. I read something similar re POC's on another website. So I'll be watching this thread with great interest.

Good luck to your friend. (If only I knew how to post a link!)

 

vincymum

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(If only I knew how to post a link!)
You'll find how to do that and lots of other things here

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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Wish I had found this thread earlier. Signed petition and good luck !!!36_1_55.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Wish I had found this thread earlier.
I only started it yesterday! :)

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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