Reclaim Unfair Bank Charges Discussion Area

manxlass_2

Apathyawakened wrote: »

It is from the date issued (29/3).

Thank you, do you know what the next step is after the 28 days?

Twinkly

COPPERHEADJACK wrote: »

Hi Twinkly
do you have that link for the benefits act where they can't take your benefit for a debt.
My friend has a student loan and is on benefit she has just had a nervous breakdown and they are demanding money from her benefit just need to find the link so she can quote it at them.

Technically "they" can take debts from benefit, council tax do and so do other utilities when they arrange to collect direct from benefit but the payments are small and manageable. However these type of debts are covered by the Act in other subsections. Bank charges are not covered specifically and so are not exempt from this law. The law in full here:

http://www.opsi.gov.uk/ACTS/acts1992/Ukpga_19920005_en_1.htm

The particular section used in defence of bank charges is Section 122 subsection 187:

.—(1) 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 a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

Be warned also that I personally used this in discussion with a bank clerk on tuesday to reclaim a single charge of £39. The law was denied at first as existing and they said it doesnt apply to bank charges. I listed other options for the refund of the charge and it was refunded as a gesture of goodwill so I dont know if it had any effect using this law. They didnt have an answer when I advised them that banks were not exempt from this law.

Its a terrible thing your friend is suffering and I sincerely hope she can sort this out with her bank. Creditors should be the ones worrying how they can get their money from you, not the other way round. Life is far too short for this stress and I hope she recovers

Jester

manxlass wrote: »

Thank you, do you know what the next step is after the 28 days?

My understanding is that if they have not entered a defence by the time the 28 days is up, then on the 29th day you can ask MCOL for judgement by default in your favour

Jester

Jester wrote: »

Well, I have done it. Have just issued the court proceedings through MCOL. Cost me £250 though due to the size of my claim, but it is in the hands of the court now and dependant on whether First Direct choose to defend or not (hopefully not). Have to keep my fingers, toes and everything else crossed now and hope for the happy outcome that so many others have experienced.

Wish me luck !!

Received letter from the court today that First Direct have until 1st May to enter a reply.

Now comes the nerve wracking bit. Hopefully they will decide not to defend or acknowledge it and I can simply ask for judgement in my favour on 2nd May !!

shoe_2

J ust want to say thanks to Twink,co i have got there with the Halifax at last..i posted info on success page,,i will be back i still have further claims going via MCOL with Lloyds tsb and Monument credit card .
Thanks.xx

Pad-e

I'm on the last stage and I've been on the court claim site. It's asked me for £120 up front however I can't afford to pay this. Is there anyway of waving this fee until after the verdict is given?

nickmack

Pad-e wrote: »

I'm on the last stage and I've been on the court claim site. It's asked me for £120 up front however I can't afford to pay this. Is there anyway of waving this fee until after the verdict is given?

No, unless you are exempt from court fees. Is there someone who can lend you the money?

Pad-e

How can I find out if I'm exempt?

Twinkly

shoe wrote: »

J ust want to say thanks to Twink,co i have got there with the Halifax at last..i posted info on success page,,i will be back i still have further claims going via MCOL with Lloyds tsb and Monument credit card .
Thanks.xx

Well done I hope its given you a lot more confidence than you started with. Happy I helped a bit but you did it yourself though so be proud of that

Twinkly

Pad-e wrote: »

How can I find out if I'm exempt?

Check down at the bottom of the page here:
http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

If you are exempt it would probably be better to do your claim manually at your local court and get all the help and advice and forms you need from the clerks there.