Tweet
Well.....my sister in law or my other halfs sister.....not married to my other half yet....but someday.....maybe.....if i don't escape.....lol
Anyway.....she is a vulnerable teenager living in sheltered accomodation....
She has a 'keyworker' who normally looks after bills and any problems she has...
She suffers from panic attacks and servere anxiety....After watching her today, try and sort this out by phone and ending up getting really upset and getting sick because of it..... I am taking over dealing with her mess of a credit problem for her.....
Also she gets income support......and is sinking in debt
'Shabbey' have closed her account and claim to have sent her various letters demanding hundreds of pounds in charges....So this is war!!!!!
Up until a few months ago her 'keyworker' dealt with all her financial matters like this, but she has now retired and No new person appointed to carry out her job!
I am currently waiting to get megans bank statements to work out exactly how much they have added in charges to the account.....
I have sent an account in despute letter tonight by fax as the shabbey are demanding cards and chequebooks back or they will send a collections person to get them and charge megan £45 for doing it....
I have faxed these modified letters requesting the charges back and putting the account in dispute....as I do not have any statements to work from yet.....
Anyway.....she is a vulnerable teenager living in sheltered accomodation....
She has a 'keyworker' who normally looks after bills and any problems she has...
She suffers from panic attacks and servere anxiety....After watching her today, try and sort this out by phone and ending up getting really upset and getting sick because of it..... I am taking over dealing with her mess of a credit problem for her.....
Also she gets income support......and is sinking in debt
'Shabbey' have closed her account and claim to have sent her various letters demanding hundreds of pounds in charges....So this is war!!!!!
Up until a few months ago her 'keyworker' dealt with all her financial matters like this, but she has now retired and No new person appointed to carry out her job!
I am currently waiting to get megans bank statements to work out exactly how much they have added in charges to the account.....
I have sent an account in despute letter tonight by fax as the shabbey are demanding cards and chequebooks back or they will send a collections person to get them and charge megan £45 for doing it....
I have faxed these modified letters requesting the charges back and putting the account in dispute....as I do not have any statements to work from yet.....
Dear Sir or Madam,
ACCOUNT NUMBER: XXXXXXXXXXXXXXXXXX
I am writing with regards to my debt with Abbey.
I consider the debt to be in dispute as the majority of the outstanding debt is made up of unlawful charges.
These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.
For your information, I will not be making any more payments to yourself until this matter is resolved.
Currently the amount outstanding on the account is £100.42
The amount I calculate you have taken in unlawful penalty charges is in excess of the outstanding balance amount of £100.42. On the resolution of this matter I will resume making payments on any outstanding sum.
You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute. It is in both our interests to come to a swift resolution.
I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.
I would also like to make you aware that I am currently in supported housing and under my local authority for support in the community. I suffer from an anxiety dissorder and am finding that the additional charges you are adding to my account have made my condition far worse than normal, due to the stress and anxiety caused.
I am therefore giving my permission for Mr. Russell XXXXXX, my brother in law to act on my behalf in further correspondance.
I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.
ACCOUNT NUMBER: XXXXXXXXXXXXXXXXXX
I am writing with regards to my debt with Abbey.
I consider the debt to be in dispute as the majority of the outstanding debt is made up of unlawful charges.
These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.
For your information, I will not be making any more payments to yourself until this matter is resolved.
Currently the amount outstanding on the account is £100.42
The amount I calculate you have taken in unlawful penalty charges is in excess of the outstanding balance amount of £100.42. On the resolution of this matter I will resume making payments on any outstanding sum.
You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute. It is in both our interests to come to a swift resolution.
I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.
I would also like to make you aware that I am currently in supported housing and under my local authority for support in the community. I suffer from an anxiety dissorder and am finding that the additional charges you are adding to my account have made my condition far worse than normal, due to the stress and anxiety caused.
I am therefore giving my permission for Mr. Russell XXXXXX, my brother in law to act on my behalf in further correspondance.
I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.
Dear Sir or Madam,
ACCOUNT NUMBER: XXXXXXXXXXXXXXXXX
Following the announcement by the OFT on 26th July and the subsequent statement issued by the FSA, I am bringing this complaint to you as a case of severe financial hardship which is excluded from the FOS waiver.
I am writing to confirm that you have recently levied charges on the above account from my Income Support, money paid by the state for essential living expenses.
The benefit that I am in receipt of is deemed as inalienable under the Social Security Administration Act 1992 (s.187);
187.—(1)Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
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.
Furthermore there is clear case law to support this in the case of Woods v. The Royal Bank of Scotland 1913 1 S.L.T. 499 which states:
"A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same."
You have taken Penalty charges from my benefits and such action is in breach of the said Act. Therefore, I hereby give you 14 days to refund the total amount of charges you have taken from my benefits.
In view of the above, please refund all charges taken from the benefits paid into this account with immediate effect.
Please note this law supersedes any action by the OFT and failure to comply will result in a complaint to the Financial Ombudsman Service and, if necessary, I will take court action to recover these funds.
ACCOUNT NUMBER: XXXXXXXXXXXXXXXXX
Following the announcement by the OFT on 26th July and the subsequent statement issued by the FSA, I am bringing this complaint to you as a case of severe financial hardship which is excluded from the FOS waiver.
I am writing to confirm that you have recently levied charges on the above account from my Income Support, money paid by the state for essential living expenses.
The benefit that I am in receipt of is deemed as inalienable under the Social Security Administration Act 1992 (s.187);
187.—(1)Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
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.
Furthermore there is clear case law to support this in the case of Woods v. The Royal Bank of Scotland 1913 1 S.L.T. 499 which states:
"A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same."
You have taken Penalty charges from my benefits and such action is in breach of the said Act. Therefore, I hereby give you 14 days to refund the total amount of charges you have taken from my benefits.
In view of the above, please refund all charges taken from the benefits paid into this account with immediate effect.
Please note this law supersedes any action by the OFT and failure to comply will result in a complaint to the Financial Ombudsman Service and, if necessary, I will take court action to recover these funds.
Comment