Banks charges and benefits (merged)

mouseymousey99

Hello - I read on the forum a very useful snippet someone had written quoting an act which prohibts banks from grabbing monies paid in as benefits. Stupidly I didn't keep a note - would somone be kind enough as to re-quote? I have searched & I cant find it. This would be very useful for me as the bank have done just that on more than one occasion. Once I think I was £12 overdrawn & they froze my account all weekend leaving us with nothing. Thank you in advance.

reehsetin

[SIZE=-1]Unfair (Contract) Terms Act 1977 - believe this is the one that says that penalties have to be appropriate
and there was another consumer something act, gimme a min or someone else will be able to get it
[/SIZE]

reehsetin

Further, they are contrary to the Unfair (Contract) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e)

quoted from another site i googled

Gorgeous_George

Is this the thread



GG

reehsetin

Further, they are contrary to the Unfair (Contract) Terms Act 1977 s.4

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred bythe other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question--

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

and the Unfair Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e)

on a legal database and its not coming up with the second act

mouseymousey99

Thank you so much.....I will be delivering letter 1 to Nationwide tomorrow am.

[Deleted User]

mouseymousey99 wrote:

Hello - I read on the forum a very useful snippet someone had written quoting an act which prohibts banks from grabbing monies paid in as benefits. Stupidly I didn't keep a note - would somone be kind enough as to re-quote? I have searched & I cant find it. This would be very useful for me as the bank have done just that on more than one occasion. Once I think I was £12 overdrawn & they froze my account all weekend leaving us with nothing. Thank you in advance.

Hi send me a PM and I will give you some more info specifically re' how banks should deal with people on DSS benefits (I'm claiming via another website so I will have to e-mail details as I'm not sure I can post direct links on this thread). I'm not sure how your bank will respond as they seem to vary depanding on the whim of individual branch managers. But with Xmas around the corner, it's worth a try

lee4321

been in contact with abbey today about the horrendous bank charges i have been hit with. Because of this all my child allowance and some of my working families tax credits were taken up in charges. WELL GUESS WHAT ITS ILLEGAL
IF you for any reason have been unable to get your benefits from your bank due to being charged and having it sawllowed up in charges ITS ILLEGAL
Phone the DWP and tell them you have been unable to get your money due to it being taken away in ba bank charges

here is a statute that should help you incase the banks go all sly on you

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 bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors
this should hlep you get your benefits back if swallowed up in bank charges

fkelanne

ye but what can they do, every wk im over my overdraft because on charges im claiming them all back. can i fone hsbc (my bank) and demand them to pay me them back?

iwantabargain

I am in the same boat - so will the DWP sort it out for us then?

fkelanne

IVE JUST FOUND THIS POST!!!!
Hi all, after flicking through the posts on here i noticed something alarming. Although my husband works, i get benefit as i am unable to work, i get incapacity benefit, child benefit and childs tax credit. All of which go into my account, infact, its the only way me bank gets credited.

So after reading this thread, i phoned my bank ( HALIFAX) and spoke to a great guy in their dept that deals with charges. After explaining to him and also reading out the Social security administartion act 1992, sect 187a,b,c he totally agreed with what i was saying.

He advised me, in a very nice way, to pop into branch with a letter, stating the above and basically ask in the letter that all charges that have been placed on my account be refunded. I have only had the account since may 03, but he said that he couldnt check them personally, but he will request all my statements from my opening date for free so it will ensure that i get the full amount possible. I have to say, it was a breathe of fresh air to talk to someone who was WILLING AND GENUINELY trying to help. I have done the letter, printed off the above act, highlighted it and will be going to my local branch to hand it in. The letter simply states ' all charges made to my account since 18/5/2003' i know that since may 05 they have charged me 6 lots of 39 pounds. I will keep you all posted as to how it went. I think there may be a few more, but will wait for them to send the statements out.

If however this line of fire doesnt work, i will go ahead with the same route that everyone else is doing, ie threatening to take them to court etc. My other half is a solicitor, so i will be alright!! ( i wont need to get a solicitor, hehe)