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

girlborofan

I've written to both the banks I'm suing, stating Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499, as my case in point. I await their replies.

noh

girlborofan wrote: »

I've written to both the banks I'm suing, stating Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499, as my case in point. I await their replies.

Having done a quick google search on the above. I see it only has relevance in Scotland and has nothing to do with normal bank charges.
It concerns "Bank Arrestments"
http://www.cas.org.uk/FileAccess.aspx?id=2586


Nigel

natweststaffmember

And Bank arrestments is covered in the legislation and therefore, what Tozer has already stated is correct.

To add to the advice that the Govan Law Centre gives.

http://www.cpag.org.uk/scotland/sssc/sssc_250903.htm

Tozer

natweststaffmember wrote: »

And Bank arrestments is covered in the legislation and therefore, what Tozer has already stated is correct.

To add to the advice that the Govan Law Centre gives.

http://www.cpag.org.uk/scotland/sssc/sssc_250903.htm

Absolutely the case proves absolutely nothing and the advice is that unless it can be separately identified then it is not separate from any other money.

deary65

If you read my post #7 you will see that the funds are trust property, not withstanding such funds have been electronically conveyed carrying the title 'DWP' ( title means protection) together with your national insurance number ( your passport to benefits). This takes the matters outside the normal debtor creditor relationship. Title remains with the DWP the monies for your sole use.

Tozer

Completely disagree. Benefit money is not, per se, held on trust for anyone or by anyone.

DWP transferring money is not pursuant to a trust arrangement - where do you get this concept from?

Tozer

Just following on from the above, your post completely ignores how the social security system operates.

It is a governmental responsibility to pay out under Social Security rules.

deary65

As i have said, in the absents of some court decisions on the matters there are only opinions.

If I understand what you are saying, title, and therefore the property in the money has passed to the bank( subject to it being called). I'm saying that title remains with the The DWP the property in the money(use) passes to the claimant.

A most interesting set of facts ripe for litigation.

P.S I'm on a wireless connection which seems to have a mind of it's own( 3 modem broadband)when to work or not.

Tozer

deary65 wrote: »

As i have said, in the absents of some court decisions on the matters there are only opinions.

If I understand what you are saying, title, and therefore the property in the money has passed to the bank( subject to it being called). I'm saying that title remains with the The DWP the property in the money(use) passes to the claimant.

A most interesting set of facts ripe for litigation.

P.S I'm on a wireless connection which seems to have a mind of it's own( 3 modem broadband)when to work or not.

But it defeats the whole notion of the social security system. The reason it hasn't been litigated is that it is a hopeless case.

Title to the benefits is with the Claimant. However, the bank has the right (via contract) to make deductions. Therefore it seizes title.

It is years since I studied trust law - and I have never had the desire to practise it - but if I recall correctly, the constituent elements for a trust are not made out here. It is a social security system and not a trust system that you pay into.

chispa

I've spoken to DWP who confirm it is unlawful to take charges from benefit money wherever it may be. However the banks ignore this and no one cares