state benefits & £35 bank charge...

elaina79

quietishone wrote: »

You have been given some well meaning but incorrect advice above. The Social Security Administration Act 1992 does state that -

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
(c)child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.Unfortunately this only means that the money has to be paid into your bank account. Once there it can be treated like any other deposit.

Also the state does not consider state benefits to be the minimum required to live on as the DSS is quite happy to recover fines, loans and overpayments from your weekly benefit which obviously leaves you with less to live on.

Your original post said that the money for the direct debit was in the bank on the day it was due to go out. Assuming that it was in the day before (as the terms and conditions of your account will probably state) then this charge seems to be the result of an error by either your bank or Virgin Media and that is the basis on which you should try to get the charge resinded or damages from Virgin Media to compensate you for them. A claim that the charges are unlawful may also work in the longer term but will be stayed until the ongoing court case is over unless you can claim financial hardship.

Sorry if this is not what you want to hear but the other two approaches are wrong in law and will just delay your more valid claim against them.


See some of the other threads in the forum for more information for example -
http://forums.moneysavingexpert.com/showthread.html?t=1472391&highlight=Social+Security+Administration+Act+1992

With regard to the fines, loans and overpayments being recovered from benefits. When these are taken they only take a minimum amount so the person still has money to live on. When it comes to the bank charges even if you are 1p over you get charged a silly amountof money or if you have several DD that are unpaid then it a charge for each one. In some cases people have been left with no money at all. Sometimes its not that persons fault but yet they are still penalised.

Billy_the_fish

KimYeovil wrote: »

If it is the 'minimum the law says you need to live on' why are you spending it with Virgin Media? Do they sell food or fuel?

Hey Kim, go find someone else to hassle. i dont need your immaturity thank you. Thanks to the rest of you for keeping it on topic and the advice given. will open another account at another bank and inform halifax they can take me to court if they feel they can prove their charges fair.

krisskross

This whole bank charges cannot be taken from benefits is a load of rubbish which has been aired on MSE at least once a week for the last year.

Just be sensible, almost everyone in the country is on some sort of benefit, if this were true it would mean no one can be charged.

Be assured bank charges can be levied against ANY income going into an account. It is just income, the source has no bearing on it.

ILW

KimYeovil wrote: »

If it is the 'minimum the law says you need to live on' why are you spending it with Virgin Media? Do they sell food or fuel? .

Its a human right.

elaina79

krisskross wrote: »

This whole bank charges cannot be taken from benefits is a load of rubbish which has been aired on MSE at least once a week for the last year.

Just be sensible, almost everyone in the country is on some sort of benefit, if this were true it would mean no one can be charged.

Be assured bank charges can be levied against ANY income going into an account. It is just income, the source has no bearing on it.

This refers to people who's only income is benefits, not people who maybe getting one benefit ontop of a wage.

Lets say someone who only gets JSA at £60 per week to live on. One charge from the bank and over half of that is gone. For me its not so much the fact that the charge is there it's more the amount they charge. I have read so many times on here about people who only have a few pounds to last until their next benefit is due.
I have been in the same boat and at times not even had a few pence to get milk.
It's not nice when you are sitting in your house without 2 pennies to your name and you hear on the news of these bankers (i lose that word losely) getting huge bonuses.

simon_templar_2

Does the OP need Virgin Media? They say they need benefits to live on but is Virgin Media essential? If money is tight why cant they make do with terrestrial tv or a cheap free view box?

sdooley

Maybe they are on a contract and lost their job?

elaina79

simon_templar wrote: »

Does the OP need Virgin Media? They say they need benefits to live on but is Virgin Media essential? If money is tight why cant they make do with terrestrial tv or a cheap free view box?

That isn't what this thread is about. The OP was just trying to find out if bank charges can be applied to money that is solely from benefits, not what others thing they should spend their money on.
I suggest all benefit bashers (and I'm getting to know who they are now) go elsewhere.

blaque*angel

i hate the way people are on this forum!!!

let the OP spend as he wishes!!

gosh........

simon_templar_2

Yes they can spend it as they wish. However a luxury like Virgin Media has caused the charge in the first place. It is not benefit bashing but they cant have it both ways. Often saying cant afford food etc but can afford cable tv!