Bank Charges, Child Benefit and SMP

Tozer

Hi again. Couldn't resist replying. Your assumption that I am withdrawing from the "question" which I think has been answered numerous times is not correct. I provided the legal reference (Acts of Parliament are the ultimate legal authority) but really have much more interesting things to do than continue an argument that seems extraordinary and, frankly, is rather like a rant.

A "charge" in law means something quite different to a bank charge - you can have, for example, charging orders, land charges, charge certificates, floating charges, register of charges for companies. They are rights over something. It is that which the legislation is referring to.

Twinkly

Tozer you do not have to answer the question if you dont want to but...... to state that repeated request for a specific answer is a rant is again, spurious (false and incorrect).

You evidently have not answered the specific question, further clarified, at all, never mind numerous times. Your explanation does nothing to clarify the question of the banks legal rights to retain peoples benefits. It may be more appropriate for you to confirm that there isnt actually any law that allows them to - specifically.

It is evident that the closest thing resembling an answer to such question is the SSA and it while it is clearly debatable on an internet forum it is certainly debatable in court.

Tozer

Disagree with you completely.

Pointed you in the direction of the law that is causing confusion. Even amazed that in other threads you refer to it but then keep asking repeatedly where it is.

Just to be pathetically pedantic, there is a law which prevents a bank (or anyone else!!!!) taking a charge or an assignment over benefits. You've been referred to it and in another thread you even spell it out. The law cannot sensibly be interpreted so that bank charges cannot apply to an account into which benefits are paid. On that basis, no direct debit would ever be permitted to be set up in respect of such an account.

I really do think deep down that you know I am right but seem to have plenty of time on your hands to argue to the contrary.

Anyway, conversation now over.

Twinkly

Tozer wrote: »

Disagree with you completely.

On what I dont know, since you havent specified I cant respond.

Tozer wrote: »

Pointed you in the direction of the law that is causing confusion. Even amazed that in other threads you refer to it but then keep asking repeatedly where it is.

Just to be pathetically pedantic, there is a law which prevents a bank (or anyone else!!!!) taking a charge or an assignment over benefits. You've been referred to it and in another thread you even spell it out.

I have to assume you mean the Social Security Administrations Act 1992 Section 187 currently under debate. You state that it is a law that prevents a bank taking charge over benefits .......

Tozer wrote: »

The law cannot sensibly be interpreted so that bank charges cannot apply to an account into which benefits are paid.

...........and then state it doesnt. :huh:

Tozer wrote: »

On that basis, no direct debit would ever be permitted to be set up in respect of such an account.

A direct debit is not a charge placed by the utility company. It is a method by which the account holder pays a bill. Entirely different.

Tozer wrote: »

I really do think deep down that you know I am right but seem to have plenty of time on your hands to argue to the contrary.

I do not think you are right but that you are misguided in stating that the SSA Section 187 does not apply to bank charges.

I am also busy, for example; When you posted I was collecting my children from school. However I have asked a question and afford your the courtesy of responding to your convoluted replies. It is something I would much rather not have to do but deem neccessary if I am to clarify this issue with specific regard to the law for the benefit of others.

I have asked, repeatedly, which legislation states that SSA Section 187 applies only to benefits before they are paid into an account, and that once the money goes into a bank account it is treated like any other money.

There is nothing in the SSA Section 187, nor the entire Act, that states this implicitly despite your repeated reference to it.

Tozer wrote: »

Anyway, conversation now over.

Thats probably best. The entire conversation has done nothing to clarify the law further and failed to provide further evidence in legislation either way. I thank you for your opinions though, discussion is always welcome.

It can only be stated with any certainty at all that it is only the courts interpretation of the SSA Section 187 will count as to its relevance in reclaiming bank charges. Until there is legal precedent set on that particular law I agree with, and continue to endorse, Martins advice to explore the possibility of such 100%.

After all, neither I or anyone else thus far can state with certainty that legislation exists proving him 100% wrong. :rolleyes:

dgwebster

Well my partner has received her first letter from the Royal Bank of Scotland (an old account she is claiming charges from, no related to the LLoyds TSB issue, still awaiting response on that one.)

Interestingly, whilst the letter says "we aren't commenting on your charges till after the test case" it does note:

That they will still consider the case early if it is going to affect other issues (although as it doesn't mention what they are a bit difficult. For this case, we are claiming hardship case as she is on SMP until March after which it ends and she is not continuing her employment with her existing employers due to a dispute with them.)

That the stay applies in England, Wales and Ireland, but in Scotland they will attempt to get a Stay applied (Sist) - doesn't mentioned that alot of Sist requests have been refused on the grounds of a case being held on a foreign court systems legal battle.

So it is second letter time. Will let you know what we get back and also whenever we do hear from Lloyds TSB

dgwebster

ok long story short, the banks have refused to return our money.

So I wish to raise this in court, my local district in Scotland. I have been on the Scotland Courts web page, but are rather perplexed with a single question: Just which forms do I need to fill out?

Can anyone list the forms needed?

All amounts are under £3000 as per the small claims process.

joyce341

my daughter on a couple of occasions,has had her child benefit taken for bank charges,she has phoned them up and told them that they were taking her money illegally and she has had it refunded to her account,she was with Abbey,maybe she was just lucky.
Joyce