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

finley909

Most bank charge claims are on hold now due to the test case, however, since you are on disability benefits, your case should be a priority, so put a claim in now! The DWP cannot stop your benefits for this reason. And also, the bank cannot take any of your benefits that are paid into your account. You're ina strong position, so I'd advise you sting them now!

MariaP_3

Hi Peterkay, do download Martin's letter template, the template cover those under income benefit and is comprehensive... here is a extract of the template if you cant find it

[INSERT NAME, ADDRESS AND TELEPHONE NUMBER]
[INSERT DATE]

[INSERT NAME AND ADDRESS OF BANK]

Dear Sir or Madam,

Re. Account number: [INSERT ACCOUNT NUMBER]

I am writing to request that you repay all the default charges that have been applied to my account during the past six years from the date of this letter. I do not believe these charges reflect the true cost to [INSERT NAME OF BANK] of going into unauthorised overdraft.

The charges total £[INSERT TOTAL CHARGE]. I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount. Please find a full schedule of the charges with this document. [INCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

[Use this section if you rely on income based benefits as your income or DELETE]
I request that you deal with my case now rather than once the test case has ended as I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

I look forward for a full response to this letter within 14 days.

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

peterkay

thanks mariap!

Since i have to declare any money i gain wont they think that is i have a check for £4,000 that they will lower my weekly benefit.

natweststaffmember

peterkay, have a look to the right of this post at the "ones not to miss". Have a look at Bank Charges Reclaiming news. There should be a link to the template letters and the advice as to what to do.

Tozer

finley909 wrote: »

And also, the bank cannot take any of your benefits that are paid into your account. You're ina strong position, so I'd advise you sting them now!

That is not correct - as has been posted many, many times on here. The bank can take money which was benefits once it is paid into the account. What the bank (or anyone else) cannot do is to charge or take an assignment of benefits BEFORE they hit the bank account.

girlborofan

Hi, I hope someone can help me with my query. My partner and I, a common law couple are living together and claiming JSA as couple, and have been for some time now. I'm trying to sue 2 different banks for charges, the Alliance and Leicester, in just my name, and the Halifax, in joint names. The Alliance and Leicester account is already in the system, on hold waiting for the court case, but I'm just starting the Halifax procedure now.

What I am trying to find out is this. I read on another website that banks cannot charge interest and other charges to people on certain benefits, JSA being one of them, on the grounds that benefits are set to be the minimum amount of money that people need to live on, and any charge levied by the banks would take the benefit claimant(s) to a level below the legal minimum. This is seen as an inalienable right, which supersedes all the court cases, and will be dealt with regardless of what is happening with the main court case.

Can anyone tell me if there is any truth to this information? If so, it means I can go ahead and pursue the banks for these charges, without having to wait for the court case to go ahead, as will other people in the same situation.

Sol00

Unfortunately banks can and will charge regardless if you're on JSA, I found this out myself.

If you're in hardship you can claim your charges back right away without waiting for the court case.

girlborofan

We are in hardship, as soon as we are paid, our money has gone, thanks to these charges. We are playing catch up, but we are going further and further back. These charges outstanding from years ago, have not been refunded to us, meaning that we can't pay our bills in full every fortnight. The money was taken from our accounts before we saw it, leaving little left for bills, food, heating, etc.

catseyes22

Hi, the Social Security Act 1992 states that banks cannot take charges from benefits. If I were you I would write to your bank stating this and also request the return of any charges applied to your account since the start of your benefit claim. If you dont get a positive response from your bank refer it to the office of fair trading.
HTH

Cats x

krisskross

catseyes22 wrote: »

Hi, the Social Security Act 1992 states that banks cannot take charges from benefits. If I were you I would write to your bank stating this and also request the return of any charges applied to your account since the start of your benefit claim. If you dont get a positive response from your bank refer it to the office of fair trading.
HTH

Cats x

This is simply not correct. The act is being misinterpreted, and is an ongoing myth that appears to be perpetuated by MSE. Any cash going into your account is just cash, doesn't matter in the slightest what it's source is and can have bank charges levied against it. i would suggest opening an account elsewhere, a simple savings account if need be, having your benefits paid into it so you are starting afresh. Then sort out a repayment plan with the original bank.