£128 sandwich

[Josie8]

Are you unemployed? Is the money paid into your accounts as a result of benefits?

 

If so then you can ask the bank to refund the charges. If they don't you can issue a claim and as your claim is not on the same basis as the OFT test case your claim will be heard and not stayed.

 

Write something along the lines of :

 

Jon Cris

 

Template for getting a refund of benefits from you bank

 

Dear Sir/Madam [YOUR NAME, SORT CODE, and ACCOUNT NUMBER]

 

I write regarding the application of the following penalty charges to my account: [iNSERT DETAILS of charges applied].

 

As you know the monies in my account derive from means tested benefits paid by DWP, and/or the CSA. This is confirmed from my bank statements, where they are clearly identified.

 

Accordingly, you have erred in law in levying such charges on exempt monies in my account contrary to The Social Security Act 1992 which for your information states as follows:

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

Note * if you claim Working Tax Credit or Child Tax Credit the corresponding legislation is the Tax Credits Act 2006. Section 45 states then include this para in your letter of claim.

 

In addition I remind you that included in this exemption are the following

 

Tax Credits Act 2006. Section 45 states:

 

45.: Inalienability

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of the person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors

 

I would also respectfully remind you that all the said benefits are not the property of me, the Recipient, but of the State, and are provided by the State, for the Recipient and their Dependant's sole upkeep

 

Therefore in view of the foregoing and the fact that these benefits are my only/main source of income please refund, within 7 days from the above date, any and all such charges together with any interest applied.

 

 

Yours faithfully