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Sunday, 12 August 2007 07:18 |
As most people will now be aware, in July 2007 the Office of Fair Trading agreed with seven major high street banks to a test case to determine the legality of bank charges. This effectively has put all claims on hold until the case is decided. However, there is an Act of Parliament which over-rides this if you are in receipt of any of the following benefits.
- Income Support
- Tax Credits
- Child Benefit
- Job seekers allowance
- Incapacity benefit
- Disability living allowance
- Attendance Allowance
- CSA payments
- Other DWP payments.
These benefits are granted to stop hardship and are designed to meet basic day to day needs, and are protected under the Social Security Administration Act 1992 sub section 187. This stipulates that the bank can not apply any charges to money received as benefit, and any such charges are unlawful and therefore disallowed.
If you live north of the border you also have the weight of a successful test case won against a bank (Woods v Royal Bank of Scotland).
So if you have been charged by your bank now is the time to fight back!
The banks will have to action your claim as it is by order of a higher authority, namely an Act of Parliament and not by the Statute of Limitations Act which is being cited in the current bank charges debate and test case. You will need to prove that the funds received in to your account are benefit payments, but your bank statement will be proof enough as the payments will be listed as such. Use the online letter generator below or download (Letter for Scotland or
Letter for Rest of UK) in RTF format to start your claim. Good Luck!
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Last Updated on Saturday, 08 September 2007 23:04 |