What can we do if we are on benefits (merged)

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novelli wrote: »

I have emailed them but had no response, also emailed OFT, no response from them either. What we really need is someone to draft up what we should quote to the bank in these circumstances. Mine have also refused to continue with my claim, not acknowledging hardship!!! So was hoping someone would give advice on what to actually put in wiriting to them.:rotfl:

You probably dont need anyone to write a template for you as you wrote an email that will suffice. Simply put it in a letter and post it the old fashioned way or go and hand it straight to your bank manager getting a receipt in the process. Deal direct wherever possible.

vicky66

:j Does anyone know if the benefits that banks cannot take charges from include working families tax credit and child tax credits please??
thanks

dust75

Hi There Ive Looked Through Every Message And I Cant Find What Im Looking For I Was Wondering If You Can Help Me

I Had Asked My Bank For All My Charges Back And although They Gave Me £750 I am On Incap Benefit And have been for the last 5 years and Wondered If I Could Clame All The Money That The Bank Took Of Me For The Last 5 Years while Ive Been On My Benefits as i know the bank cant take any money from benefits
Many Thanks

vicky66

Hi I am new to the site and have beenreading today that banks cannot take charges from benefits.does anyone know if this includes working families tax credit or child tax credits? also has anyone tried to use this argument with their bank and gotanywhere with it??

please help me
cheers
vicky66

deary65

Read this thread to get an ideas what to do. Here is a letter you can change use, it Scottish law but it is similar to English law

You can use this letter not every lawyer is familiar with welfare law. Just to complicated!

I act on behalf of the above noted client and refer to your recent arrestment of funds in my client’s account number [XXXXXXXXX].

I enclose a copy of my client’s bank statement which confirms that the funds in said account derive from [tax credits, paid to my client by HM Inland Revenue, and/or child benefit paid by DWP, and/or child maintenance from the CSA, and/or social security benefits - income support, Jobseeker’s Allowance, Incapacity Benefit, Disability Living Allowance, Attendance Allowance etc., - paid by DWP].

Both the Scottish Law Commission and Scottish Executive concede that social security benefits are exempt from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245). Section 45 of the Tax Credits Act 2002 is an identical provision to the said section 187 of the 1992 Act.

It is therefore trite law that tax credits and other such maintenance or social security benefits are exempt from arrestment. The case of Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for the proposition that where exempt monies are paid into a bank account, those monies remain exempt from arrestment insofar as such monies can be clearly identified within an account.

As noted, I enclose a copy of my client’s account statement which clearly identifies [X amount of tax credits and/or social security benefits].

I would respectfully submit that any refusal to consent to the release the arrested sum of X [amount] from my client’s account will constitute wrongful diligence. Please advise in writing as a matter of urgency whether you will instruct and authorise [X Bank] to release said sum today.

If you fail to do so I will instruct an action for wrongful diligence and payment to be raised, and will also report this matter to the Sheriff Principal in terms of the Debtors (Scotland) Act 1987.

I look forward to your urgent response.

Without prejudice.

Yours faithfully

vicky66

Do I leave the bitsin the letter about the scottish law? also I have not got legal representation I am acting for myself at the moment asI was a way through the claim when the FSA allowed the waiver. Sorry to appear stupid but I want to get this right so they cant pick up on something i have done wrong
cheers vicky66

deary65

Substitute arrestment and in it's place put wrongful appropriation, construct the letter as if you were writing it and yes if you are in England leave out reference to Scottish law. But get your letter of pronto keep a copy and sent by recorded delivery.

deary65

Here is the law:
Social Security Administration Act 1992 (c. 5)

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.

(2) In the application of subsection (1) above to Scotland—

(a) the reference to assignment of benefit shall be read as a reference to assignation, "assign" being construed accordingly;

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.

(3) In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

vicky66

Thanks for all your help so far
vicky :beer:

Virgo_Girl

In February this year i claimed 6 years worth of bank charges from Barclays, they awarded me the full amount i asked for (£500)

Since May i've managed to conjur up another £340.. due to a big struggle on benefits (at this present time unfortunately!) and the charges being a big catch 22 ie: they charge me and i'm constantly trying to get back on track but can't afford it so i get charged again.. and again.. and again.. until i'm up to my eyeballs in debt!

Anyway i wrote them last month asking for the charges since May and they ignored my letter, so i phoned them and they said i'd already had the charges, so i explained that it's a new lot i'm asking for, so they told me to write again and make it clear on the letter that it's new charges, so i did, and today i got this >> http://img111.imageshack.us/my.php?image=barclaysco6.jpg letter back.

For those of you who don't want to click the link, it basically says that because i've received charges back before i should know better about charges therefore it's not the banks fault and they won't refund them.

I wouldn't mind so much but in just 1 week they've taken £120 in charges leaving me overdrawn and with no money to live on, i have 1 child and i'm a single mother and i'm having to borrow money to live on at the moment, i've told the banks i have no money to live on because they've taken every penny of my benefits and more.. but they don't care at all, the woman in the bank just patronised me!

I'm sure i've read on here somewhere that the banks shouldn't take your benefit money under a certain act, Barclays didn't know/or care about this when i mentioned it.

What can i do???