Daughter Wants Her Charges Back

[littlesally]

Re: Daughter Wants Her Charges Back

Ok, finally my daughter has decided to go for this!
I have just printed off her request for statements.
Since all the above have we got our own letter about being on income support and penalties etc?
If so could someone point me in the right direction please?

Sally x

[Amethyst]

Re: Daughter Wants Her Charges Back

We do...I'll find the linkie for you

[Amethyst]

Re: Daughter Wants Her Charges Back

actually muggins has written a pretty good one http://www.legalbeagles.info/forums/...99&postcount=9
see if you can edit that to suit her situ xx

[muggins73]

Re: Daughter Wants Her Charges Back

Hi sal,
Might be worth having a look see at this thread
http://www.legalbeagles.info/forums/...t.php?f=23&a=6
http://www.legalbeagles.info/forums/...read.php?t=124

I'm just about to go after abbey by way of the benefit stance, so you are more than welcome to check out my thread. I've recently posted my LBA with my POC ready and waiting in the wings.
http://www.legalbeagles.info/forums/...ead.php?t=2106

Below is a copy of my initial complaint, feel free to adjust to suit your daughters circumstances, if you tink it'll help. Good luck.

Dawn Hoyle
Head
Customer Complaint and Satisfaction Centre
Abbey National plc
PO Box 5129
Milton Keynes
MK9 2YN


Dear Ms Hoyle,

BANK CHARGES AND BENEFITS & THE FIRST RIGHT OF APPROPRIATION

ACCOUNT NUMBER: xxx SORT CODE: xxxx

I am writing to you following several charges debited from my account totalling £xxx on xx/xx/xxxx

Bank charges are unlawful penalties for breach of contract. However, the bank or building society is only allowed to charge you what it costs to cover their administrative charges. If they charge you more than this, you may have a legal right to get back the difference.
Notably, and in my instance, if the income in an account comes from benefits, they are also contrary to the legislation relating to benefits. If the income comes from Tax Credits, they are contrary to section 45 of the Tax Credits Act 2006. If the income is from incapacity benefit, job seekers allowance, etc, they are contrary to section 187 of the Social Security Administration Act 1996. The working of these two acts comes under the Treasury and the Department of Work and Pensions, respectively and are quoted below for your immediate attention.

Tax Credits Act 2006
45 - Inalienability

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.
(2) In the application of subsection (1) to Scotland-
(a) the reference to assignment is to assignation ("assign" being construed accordingly), and
(b) the reference to the bankruptcy of a person is to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (c. 46).

Social Security Administration Act 1992
Miscellaneous
Certain benefit to be inalienable **

187- Subject to the provisions of this Act, every assignment of, or charge on-
(a)benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

When you open an account with a bank or building society and use their services, you are entering into a contract. The law says that the bank or building society must carry out its business:-
• with reasonable care and skill.

If the service is unsatisfactory you may be entitled to compensation if the contract has been broken. I believe that there has been a breach of contract as I feel your organisation has failed to handle my affairs with reasonable care and skill.

This failure on your behalf has caused me and my family a great deal of hardship. We are left with no means to pay the rent due to the unauthorised amount now outstanding. The incoming amounts due to be deposited into our account next week will only clear the amount outstanding leaving little if any to pay the rent, for housekeeping or utility bills such as gas. I note, and am further infuriated by the fact, that on one occasion a decision has been made to pay your organisation £15.10 for contents insurance (direct debit mandate no.*4) and in addition to charging me for this privilege, another direct debit (mandate no.12) to Southern Electric has been refused on the same day.

I ask for a little compassion and request that the benefit amounts totalling £xxxx, debited in order to pay for your default charges, be refunded by return. Failure to do so may result in my reclaiming a refund for all the default charges levied on my account, as is my legal right.

I am also writing to inform you that I am due to have the following payments made into my account:-

• Tax Credit payment of £xxxx on xxxx7
• Child Benefit payment of £xxxx on xxxx
• Incapacity Benefit payment of £xxx on 1xxx

Totalling £xxxx

I wish to use my first right of appropriation for this money, for the following purposes;
Rent £xxxx
Utilities bills £xxxx
Housekeeping money £xxx
I will withdraw the money from my local branch on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

Yours sincerely,






muggins73

cc. Manager, xxxxxx Branch

[muggins73]

Re: Daughter Wants Her Charges Back

actually muggins has written a pretty good one http://www.legalbeagles.info/forums/...99&postcount=9
see if you can edit that to suit her situ xx

Gosh, great minds hey Ame...I'm honoured

[Amethyst]

Re: Daughter Wants Her Charges Back

lol told u it was a good letter :kiss:

[littlesally]

Re: Daughter Wants Her Charges Back

Ame do you ever sleep??

Thank you to both of you :angels:

Sally x

[littlesally]

Re: Daughter Wants Her Charges Back

Well she got a reply back almost emmediately!
They refused to pay back charges until after the test case.
As her claim is not so much for unfair charges but as I understand it the law says they can't take them from benefits, how can they refuse?
Should write again pointing out their mistake or send an LBA now or wait 14 days to send LBA incase it was an automatic letter and they may get back to her?

It's Barclays BTW

Sally x

[thephoenix]

Re: Daughter Wants Her Charges Back

Hi, I would try giving them a quick call, just to clarify that it was or wasn't and automated response. If they still refuse, send them the LBA , outlining the acts below. Don't mention anything to do with unfair charges or penalties. that will only confuse them and add it to the rest of the pile.

not 100% sure if there is any case law on this but will have a look. :okay:

[littlesally]

Re: Daughter Wants Her Charges Back

I questioned the speed of their reply and she told me that she went into the bank and spoke to them when handing in the letter requesting the statements.
So it was a verbal reply from a bank worker who did not have all the facts in the letter, so ignore that last bit!

Sally x

[thephoenix]

Re: Daughter Wants Her Charges Back

Oh right...just wait for their reply then, which will still be an automatic response .
LBA at the ready then :okay: (i like this dude) :okay: