help needed urgently

sminto

A year ago my husband left. i am now seriously struggling with spiralling debt. My dealings are all with abbey.(talk about un helpful). I earn 603 pcm an my mortgage is 570. i have reduced rates for car loan an credit card. I missed 28 payment to abbey in nov as i did not have a penny and still dont. today i was told by abbey that my kids should go without presents for xmas as it is just one day. i asked her could they do without food an she said its not her prob she just wants payment..I only get tax credits as my wage is my mortgage bar a few quid. so the ever -feeling abbey decided to take my overdraft off me on 1st dec. so when tax credit went in bank on tues this week. the abbey took it all for overdraft leaving me with minus 20 quid. i literally do not have a penny. my car and jewellery have already been sold. can they leave me with nothing an how am i suppose to feed my kids an get gas an electric payments for meter with NO money...Any advice would be gratefully appreciated. It makes u kind of understand why people take their own lives after the banks leaving us desperate. I had never been in debt in my life until my husband left. therefore none of this is my fault but its down to me to pick up the pieces. I have told abbey for a year the whole truth... still desperate..

Psykicpup

was this benefits rhat went in?
& post your SOA so we can help there too

ps: bigg ((((((hugs))))))

sueshells

Hi - not sure but maybe you can apply for a Crisis Loan from the Dept of Work and Pensions? I know that you can get this if you are on Income Support, Jobseekers etc but I'm not sure about Tax Credits. It would be worth checking with your local Jobcentre anyway. They may be able to suggest something.

Doesn't your husband contribute anything for the kids? He should, but I know that's easier said than done and isn't going to help short term.

You could also ask the Citizen's Advice Bureau if they can suggest anything - they may be able to help you with the Abbey - tell you what to write and that sort of thing.

Please make enquiries - there is no way that your children (or you) should be going hungry.

Good Luck
Sue

sophiesmum_2

There was a post similar to this recently , been looking but cant find it.
The poster had had tax credits taken by the bank for debts/overdraft payments and apparently this is illegal - banks cannot take benefit money. The othe poster challenged the bank with this information and had their money refunded if i remember rightly.
Perhaps someone will post who knows about this more accurately then me.
i hope you get sorted with the bank - that really stinks:mad: especially when you have kids to see to.

sophiesmum

sueshells

The message from sophiesmum sounds very hopeful. I know that it can be very difficult to persevere with this sort of thing when faced with banks who have all the power, especially when you feel as if you're already at rock bottom. Please try to pursue this point about the bank not being allowed to take benefits - it sounds right to me - after all this is the minimum money you need to live on. Fight the Abbey on it - the CAB will help, I'm sure. Don't let the B******s grind you down. If you win just one small battle you will feel better and you will also have gained some valuable knowledge. They won't get you like that again!!

Good Luck

sophiesmum_2

]Hi Again
Found the post on another board. The info is below.
They are not allowed to keep your benefit by law.See info below.
take this info to bank and get it refunded asap.
Thanks to the person who posted this info originally.

sophiesmum:D

""have copied this from a previosu post on another board:

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
(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.

** inaliable = not to be forfeited.


As a MOney Adviser I have used this to get HB back for a client. You may need to go higher than the person on the phone, the first person I spoke to didn't know what I was talking about but managed to go higher and my client managed to go into her local branch and withdraw all her benefit money.

Make sure you sound confident on the phone so write down a brief script, if you keep umming and ahhing they are going to know you are not sure and try and play on your ignorance of the regulation.""

mickyme

one of my friends has had the same problems, she went down to the branch last week to try and arrange something with abbey as she kept incurring charges due to being overdrawn etc etc. they told her that she had to give them her cards, cheque book, the lot back to as they were closing her account and sending the balance on the account to a debt collectors.

as she also had benefits/tax credits paid in they advised her if she couldn't get the payment stoped before it cleared in her account to go to the branch and they would give it back to her from the counter

these people are unbelivable. i am assuming they would have to give you notice that they were taking the overdraft off you account, i would go to C.A.B. and ask what you can do, aswell as going to the branch, they dont like people to make a scene, it looses their custom!

also try and set up somewhere else to have your payments put into.

i would complain about the way you have been spoken to and the way that the bank is dealing with your situation, there must be some law somewhere that protects us from this happening(you know in the small print, the bits we dont read)

mickyme

sophiesmum wrote:

Hi Again
Found the post on another board. The info is below.
They are not allowed to keep your benefit by law.See info below.
take this info to bank and get it refunded asap.
Thanks to the person who posted this info originally.

sophiesmum:D

""have copied this from a previosu post on another board:

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
(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.

** inaliable = not to be forfeited.


As a MOney Adviser I have used this to get HB back for a client. You may need to go higher than the person on the phone, the first person I spoke to didn't know what I was talking about but managed to go higher and my client managed to go into her local branch and withdraw all her benefit money.

Make sure you sound confident on the phone so write down a brief script, if you keep umming and ahhing they are going to know you are not sure and try and play on your ignorance of the regulation.""

whilst i was typing this was posted
not that it makes much sense to me!! but it must be the small print and the bits we arent meant to understand

madduck

Just to back up previous poster - you really need to open up another bank account asap for your benefits/salary to be paid into. This can just be a basic account - but it has to be with a bank with whom you have no existing financial links. You can't risk that they offset the monies you owe on one account from the other.

You seem to have a good case for the Tax Credits - many other posts on the site where posters have successfully reclaimed benefits 'swallowed up' by banks.

GUMPO

I am not nearly clever enough to offer advice but my heart really goes out to you. Please do not lose hope and post on here anytime you need a bit of support.

Morglin

DWP Crisis loans are paid irrespective of whether you are getting benefits - but they will only be paid for (what they see as) "life and death" situations, so I wouldn't have thought they would pay out in these circumstances.:(

But, you could always ask, so phone your local DWP/Job Centre Plus office, and ask to speak to the Social Fund section - they will tell you the likelihood of success.

If you think there may be things that you haven't claimed, now that you're a single mum, then try:

http://www.entitledto.co.uk/

If you work for a large organisation, they may have a welfare section for staff - try them, or same if you belong to a union. They often help in these situations and they keep it all confidential.

If you really have no money for food etc., then as you have children, your local Social Services may be able to help (based within your local council). Phone and ask for an urgent appintment with a social worker based in the "Children and Families" team.

Is your ex paying maintenance? If not, that could be something to pursue. If you cannot afford a solicitor, then the CAB will be able to point you in the right direction for a free community one. No reason why you should be in dire straits while he pays nothing.

I would also ask the CAB to refer you to some sort of debt counsellor who will be able to negotiate with Abbey on your behalf - certainly, as far as any unsecured debts with them go, I would follow previous advice, open a different bank account, have your wages etc., paid in there, and let Abbey whistle for their money for the time being.

They really are the most inflexible bank I have ever come across - they always seem to go out of their way to be awkward and unhelpful.:mad:

Good luck.

Lin