LavenderRose Hardship claim

**Paule** · 18th August 2008, 12:59:PM

Re: Are you claiming back charges the bank have taken from your benefits ?

Originally posted by LavenderRose View Post

Why can I not claim the 8% interest until it goes to court? I did this last time and they paid in full. Im just curious to know thats all its not a problem.

The 8% interest can only be awarded by the court, hence youcant add it to your claim until you file at court.

If you want some further help with your hardship claim, let us know and we can set you up a thread to help you with it.

PKea

**LavenderRose** · 18th August 2008, 14:05:PM

Re: Are you claiming back charges the bank have taken from your benefits ?

Id appreciate that but you would have to tell me what to do.lol Never had a thread before. Also one more thing, while reading the forums I notice theres some doubt about the social security act. some think it stands and some say it doesnt. I work closely with an MP who resides in the house of commons. I work as in the community where I live and he attends 2 or 3 meetings a year. His name starts with Rt Hon. Im useless with politics but would it be worth writing to him to ask him exactly what it means and which benefits it applies to etc. He`s brilliant and a really nice guy. wish all mp`s were like him. He would contact whoever wrote the act or the dept and find out the full concrete facts and then write to me. Once its in black and white I could post it here or to you to erradicate any doubt or would that not be necessary. Maybe someone else knows for sure i dont know. Let me know what you need from me to start a thread and thanks for the help. I cant believe all the knowledge people have gained on here and that are willing to help others. You all deserve a medal.

Im on tax credits which is why I ask and a lot of my benefits have gone on charges. Im not sure but i wondered if it would be beneficial to add the act in the letter I send to the bank. I`ll let you advise me how to go about it.
Many Thanks

**Amethyst** · 18th August 2008, 14:16:PM

Re: Are you claiming back charges the bank have taken from your benefits ?

Thats a good idea Lavender.

The Social Security Act and the Tax Credits act refer to inalienbility which we have tried in the past to apply to bank charges, but it has been ruled by a couple of judges not to apply to that type of charge as it is a choice to incur it (ie you chose to have a bank account etc)

Regarding the 8% we are working on something for the prelim letter to ask for 8% as a compensatory type interest on sums they have taken from you. You still can't ask for it under section 69 - people have been paid it in the past but as a compensatory thing not as section 69. The problems with the way of doing, as used to be on MSE, were people werew being paid their charges and carrying on to court for simply the section 69 interest - which as it wasnt allowed to be asked for until filing in court - was never part of the claim in the first place...if you see what I mean ? lol good luck understanding that sentence ! So if you ask for it as simple interest (or indeed contractual interest which is where we are moving towards now slowly) then it makes taking that part of the claim into court more sound, if the charges part had already been paid.

I'll move these posts to your own thread in the hardship section of the site. Then we can start looking at your particular case.

**LavenderRose** · 18th August 2008, 18:46:PM

Re: LavenderRose Hardship claim

Fantastic thank you so much. I will write to the MP at the house of lords and as soon as I get a reply I will post it to you. He replies fairly quickly so I wont have long to wait for a reply. What do I do now.lol I understood fully what you said and I understand what you mean so thats ok. I just wondered what had changed thats all. Do I get a template from this site to send to the bank i think its the preliminary one from what i have read and send that? I have done a spreadsheet of all the charges so thats out of the way. Digital banking saves having to pay £10 for statements.lol Thanks for the info and the support.

LavenderRose

**Amethyst** · 18th August 2008, 20:00:PM

Re: LavenderRose Hardship claim

Yes have a look at the prelim letter in the library - if you hang fire till tmw night we should get the additional papragraph about interest in there.

**LavenderRose** · 18th August 2008, 22:51:PM

Re: LavenderRose Hardship claim

No probs I`ll hang on till tomorrow nite.

Cheers

**LavenderRose** · 19th August 2008, 23:08:PM

Re: LavenderRose Hardship claim

Hiya
I finished writing my letter to my Rt Hon friend at the House of Commons to ask him what the Social Security Act means and does it apply to bank charges. I have asked him to explain exactly what it covers and what it does not cover. As soon as I get a reply I will post it on here. Then we will all know for definate. I was going to email but I think I like the reply on House of Commons paper better. By the way am I ok to start the preliminary letter to my bank. Not sure if you have managed to add the interest bit. Then again thinking about it if I went to the library to look id know wouldnt I. Its late.lol

Ta Ta 4 now x

**Amethyst** · 19th August 2008, 23:16:PM

Re: LavenderRose Hardship claim

Hey hunny, no we havent yet...having a wee discussion on it first.

Yes go for it - include the hardship section on it....if you feel like adding in a request for interest then go for it hopefully we'll get further tomorrow. And if you would like a hand with anything just pop it up in here

Thanks for doing the lettr to your Rt Hon guy....look forward to his reply.

While we're on that subject have a look at the right of appropriation letter which is also in the library.

**LavenderRose** · 20th August 2008, 21:14:PM

Re: LavenderRose Hardship claim

No probs Amethyst. I will draft the letter to get it out of the way and then add the interest bit when you have done it. could you let me know when its done and then I can post it to the bank.

Also can I add the reason im claiming is due to hardship, social act (if it applies) and under unfair trading Act where it says to explain admin costs and show it costs what they are claiming? I think the more reasons I give the better or is it best to just stick to one.

Also the MP I know from the house of commons only used to serve as minister for the dept of Social Security so he must know if the SSA applies to bank charges. He is in Westminster this week so could be a couple of weeks before I get a reply.

Thanks chick
LavenderRose

**Amethyst** · 20th August 2008, 21:28:PM

Re: LavenderRose Hardship claim

Theres a hardship papragraph to add in the prelim letter on the template......the SSA doesnt apply but tbh they dont really understand that yet so cant hurt....and not sure about trading act applying but if you post the relevant paras we can look.

Big up the hardship bits tho - as the rest will stick you in the test case stay process.

And yep be very interesting to get the MPs view on the SSA - dont be suprised if he doesnt know tho lol.

xxxxxxxxxxxxxx

**Emerald** · 21st August 2008, 00:34:AM

Re: LavenderRose Hardship claim

Hi LR,

I notice you say you are in arrears with your council tax and rent, have you made arrangements to deal with these as they really must be your priority, to keep yourself not only housed but free from nasty remedies that are avaible for non payment of council tax.

Regards

**LavenderRose** · 26th August 2008, 12:01:PM

Re: LavenderRose Hardship claim

Hiya,
sorry ive not been able to reply yet but i have moved house which was a nightmare and I have to wait until I can get the internet on in my new home. Hopefully it will be back on at the weekend. Im at work at the mo so im sending a quick post. Thank you Emerald and yes I have made arrangements to pay but I was asked to pay far more than I can afford. The constant bank charges are taking my tax credits and child benefit so i am only paying what I can afford until I get my finances sorted. I have always paid my rent and c.tax and its only the last 18 months i have struggled. I have been with the same housing association for 20 years and wouldnt just not pay anything and jeopordise losing my home but its hard when they want far more than you can give or else. Its not that I dont want to pay c.tax or rent I simply cant pay what they are asking. Surely my rent/c.tax plus an extra tenner on both to cover the arrears is reasonable but they said it wasnt enough.

I hope this makes sense. I`ll post again in a couple of days. Boss around.lol

best wishes

LavenderRose x

**Amethyst** · 26th August 2008, 12:51:PM

Re: LavenderRose Hardship claim

Lavender - I would move your incoming benefits to a post office account, or a basic bank account elsewhere so you have complete control and can make housing and co tax a priority over bank charges until you get the situation sorted out. Paying hundreds in charges a month and missing council tax and housing payments is not a good situation to be in and until the banks sort themselves out with regards to your hardship status I would suggest you take steps to ensure they can't keep whacking these charges on you. If there is an overdraft at the bank you can make a repayment offer as a goodwill gesture and put the account in dispute over the charges claim. I know its a pain moving bill payments about from bank to bank but to get you back in control I think its worth it.

All my income (benefits) goes direct to a post office cash card account - I cant do anything with it other than withdraw in cash what is paid in, then I can decide what to do with it.

**scoobydoo** · 26th August 2008, 16:29:PM

Re: LavenderRose Hardship claim

Or you could see if there is a credit union in your area tha provide a curent account

scooby

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