Travel girl - Hardship claim - offer received

[scoobydoo]

Re: Travel girl - Hardship claim

who

Faith BROWN????:rofl:

Might just of well have been!

[travelgirl]

Re: Travel girl - Hardship claim

good morning everyone how are you all
well i have done the letters you have said so now i am going to do my expensies and income fro abbey is there anything else i should include i will check her before i faz it to them
thy for all your help
hugs
xx

[Amethyst]

Re: Travel girl - Hardship claim

Re taking charges out of benefits.

The only way to stop them is to assert your first right of appropriation - which has to be done in advance of the charges being taken....so thats not a lot of use in retrospect as it is in this case.

The SSA 1984 and Tax Credits Act 2004 have been tried a number of times, some judges agree some don't its a bit wishy washy. Basically the acts are for charges and penaltys imposed by the IR and for things like bankruptcy to protect income from benefits being lost in that way. Bank charges aren't covered as they are for 'a service'. So legally yes they can take them, but under the banking code they shouldn't as they should take individual circumstances into account, and should leave enough to live on which is where first right of appropriation comes in. But it is a grey area.

The argument that the benefits belong to the state also doesn't work because as soon as they are put in your bank account they belong to you as opposed to the state and it is your ''choice'' to spend them on banking ''services'' which are chargeable.

(I KNOW IT SUCKS)

Now this I/E is it going off with the letter scoobs has put above ? Anyone mind if I have a little fiddle with it first ?

[scoobydoo]

Re: Travel girl - Hardship claim

No problem

I was posting it hoping for comments

[travelgirl]

Re: Travel girl - Hardship claim

hello tyvvm for your replies ty
i have got all the letters etc and filled in where xxxxs were ty
but was awaiting to see if there was anything more to add.
as i have the income and expenditure to do.

do i do one for when the charges were taken out
or
now i thhink they want both do you?
any help please greatly appreciated tyvvm
hugs
take care
tvgl
xx

[WendyB]

Re: Travel girl - Hardship claim

I am confused here. Do you still actually owe Abbey any money, even though the account is closed? Or did you get the money from somewhere to pay it off after it was closed? Was it closed with a nil balance or an outstanding balance?

Scooby has asked the same question above (post 25 I think) but I can't make out what the answer is/was.

Because surely if you didn't actually pay off the overdraft, then any charges which were included in that overdraft would not be refundable to you as you hadn't actually paid them in the first place, if you see what I mean. If you did get them back, that would be used to reduce the balance owing, if there is still a balance owing,, that is. If they closed the account and wrote of the debt then the same would apply? The only charges you might get back would be any balance left over after clearing the overdraft.

Sorry if I've got the wrong end of the stick here but I've found this a bit confusing to get my head round.

Wendy x

[WendyB]

Re: Travel girl - Hardship claim

Reading through again, it seems the FOs won't do anything because you have told them you have no debts, overdraft "nothing with Abbey". So they think you don't owe Abbey anything.
i.e that your balance with Abbey is NIL.

We really need to get this straight, point by point.

Is there a balance on the Abbey account?
What is the balance. What is the total of charges you are reclaiming?
Are you being chased for this balance(if there is one)
If so, who is doing the chasing
If it is a DCA, which one
what stage is it at

If you could answer the above, preferably with dates so we can get some sort of timeline, that would be good. Don't necessarily need chapter and verse, just a concise breakdown to cut through the confusion.

Just sort of

date : put in claim for charges
date: account closed with balanceof £XXX
date: letter received from blah blah etc

leave out the content of letters/emails, just a quick one liner will do. If we need any specifics we can look back in your thread or ask you to expand

Sorry if you think I'm a bit harsh but we really need to cut to the chase and get this exactly straight so as to help you best.

Wendy x

[scoobydoo]

Re: Travel girl - Hardship claim

Abbey closed account without notice or telling her

they took the OD owing from her benefits

the total claim is about £3000

They are not saying she is not a hordship case just that she can not be in financial difficulties as she does not owe Abbey money ..

But when they took the charges etc she had no maoney left and had to borrow to have money to live on

Not sure if she still owes money on this loan

She has been treated very badlly and has somehow pulled her way through - whereas if she still owed money the FOS would help her???

I would appreciate someone looking at spreadsheet of charges if possible as I know there was a problem and the court cclaim had to be amended.

The above is to the best of my knowledge!

scooby

[WendyB]

Re: Travel girl - Hardship claim

[They are not saying she is not a hordship case just that she can not be in financial difficulties as she does not owe Abbey money ..

Not sure if she still owes money on this loan


Thats what I'm getting at, cos if she doesn't owe Abbey anything then where does the previously mentioned DCA fit in? And thats why the FOS won't help, cos she doesn't owe anything to Abbey. Or does she? Thats the question.
Is it a loan or an overdraft? How much is owing, if anything? Cos if there is, then the FOS would probably have to reconsider I would have thought.

Just because they have closed the account doesn't necessarily mean there is no balance owing. Just means it can't be used. This happened to me with my credit card account.

I'm sorry but I found the whole thread a bit confusing and just thought it would help to get amounts, dates etc all in order.

[scoobydoo]

Re: Travel girl - Hardship claim

No it is confusing - I think the DCA may be for something else - but I was also asking about the other loan. So you are right we need a bit ore info.

[travelgirl]

Re: Travel girl - Hardship claim

Yes Still Paying Of The Loan From Greenwoods
Total Charges Has Been Amended As I Put In Previous Thread 3,430 Pence
Abbey Closed My Account Without Telling Me 26 June 07
Yes There Was An Amount Owing 322 Pounds Odd Pence
But These Were Repeated Charges From 9th January Till They Closed My Account Same Carge On N On 9th Jany Till 26 June Repeated Charges
Hope I Have Helped A Little Ty Scooby For Everything As I Know You Know Most Of It From The Other Forum Tyvvm
Hugs
Tvgl

[travelgirl]

Re: Travel girl - Hardship claim

Yes We Have To Sell House N Rent It Back

[Amethyst]

Re: Travel girl - Hardship claim

thanks hun thats makes it clearer,

Are you being chased for the £322 odd or did you pay that ?

[travelgirl]

Re: Travel girl - Hardship claim

hi love
at first i was being chased by 3 diffrent debt agencies i phoned them up and told each one of them that i was in the middle of court proccedings and they said they didnt want to know and refered it back to abbey so i told them the same being the last lot of dc, whom i said look love these charges are unfair they are the same reapeted charges from the 9th jan up to date they are not all charges for anything but the same unpaid cheque and are continuous charge for the same cheque my money went in a day after and i phone d abbey and told them i dissagree and that yet again these are the same charges from the 9th jan he said that shouldnt have happened and was wrong and that he would look into it thats as far as i know

[scoobydoo]

Re: Travel girl - Hardship claim

Ah so when the FOS said they could not deal with as you did not owe Abbey money - then t may be because they passed the debt on.

We need to put that in the letter and emphasise that you are still suffering fiancial hardship now as you are repaying a loan only taken out becuse the Abbey took all your money in charges?

Also you need to ask Abbey their copy what happened to any debt - did they pass it on?or is it frozen as in dispute?