Santander ignoring me

[pooky2483]

Re: Santander ignoring me

I'd like to see Pauls' thoughts on this (the resident legal specialist), and Niddy's...

[Never-In-Doubt]

Re: Santander ignoring me

Refer to an ombudsman mate.....

The benefits thing is straightforward enough but the simple explanation is to move banks. However I would refer this to an ombudsman - maybe having spoken to Paul first...

[di30]

Re: Santander ignoring me

Well, I've got a reply from the FOS.
It's NOT the answer I wanted, in fact I'm fuming
Ive sent them a quick reply via email saying I believe Santander are withholding the letters of appropriation and that I am going to take it further by involving the ICO and taking them to court if they don’t refund the charges.

Pooky

One of mine was just rejected by the adjudicator, in regards of mis selling of bank account packages, the adjudicator totally mis-understood, some of the reasons we given, and said due to lack of information from the bank, so with that "luckily" I ended up finding the info required, emailed it through, she got back to say she is now going to take the statements into consideration which may now change her findings.

They seems to be rejecting a lot of cases like yours and mine, keep at them!

[pooky2483]

Re: Santander ignoring me

This isn’t the first one that I've had trouble with, I’ve had the case where they’ve messed me and Mrs pooky about when we wanted to change my single acc into a joint account.
They took the banks side first so I am now waiting to see what the adjudicator (or whatever they are)says.
As I've heard before, the FOS are in the pockets of the banks.

[pooky2483]

Re: Santander ignoring me

The benefits thing is straightforward enough but the simple explanation is to move banks.

Not really an option due to our credit files.

[pooky2483]

Re: Santander ignoring me

Got the reply back from the FOS and I'm NOT happy.


I can't believe the FOS are upholding Santanders decision and are saying the SSAA 1992 is to them a load of crap.
What can I do as my next step?

[Enforcer]

Re: Santander ignoring me

I have had some crap decisions from ombudsman. You have to look at their "remit", their paymasters are the banks!
I cannot advise on this situation. Perhaps another member may be able to.

[vint1954]

Re: Santander ignoring me

Hi Pooky,

Sorry to say that my understanding is as the findings of the Ombudsman, in that they are entitled to make charges to your account. Once your benefits go into your account, they just join the pool of money in the account and cease to become benefits but just money in the pot.

Others may have a different slant on it.

[vint1954]

Re: Santander ignoring me

This is the section of the SSAA that covers the situation.

187Certain benefit to be inalienable

(1)

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 a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2)

In the application of subsection (1) above to Scotland—

(a)

the reference to assignment of benefit shall be read as a reference to assignation, “assign” being construed accordingly;

(b)

the reference to a beneficiary’s bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.

(3)In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

To my mind it talks about a charge on the benefits and not certain charges taken from your account.

[SXGuy]

Re: Santander ignoring me

Surely the ombudsman is wrong here? benifits are benifits, regardless of where it goes. They cant take benifits directly from the DWP so how do they distinguish the difference between it being paid in to an account and no being paid in to an account? Benifits cant be used to repay a debt, simple as that, Thats my understanding anyway

[vint1954]

Re: Santander ignoring me

They can't have a charge on them or be assigned, but when in a bank account, it's just money. There is nothing in s187 that mentions Bank Charges.

[pooky2483]

Re: Santander ignoring me

They can't have a charge on them or be assigned, but when in a bank account, it's just money. There is nothing in s187 that mentions Bank Charges.

That's why I've phoned the Benefits Agency (BA) and asked if someone can get back to me re: s187 of the SSAA 1992 (that's the one I quoted to the Bank AND The FOS).
I wan't written proof from the BA that Banks CAN'T take money as charges from Benefit money paid into an account.
The Bank said they can't distinguish what the money is, i.e.. whether it's wages/Benefits/Lottery Winnings etc.. etc.. But I think they can as when our Benefits are paid in its got our NI number and such things as INC SUPP/DLA/HOUSING and I guess wages would have the name of the Company paying in the money.

As The FOS have sided with the Banks and closed the dispute, once I can get the proof I need, I am thinking of taking the Bank to Court, If I win, this will be a ground-breaking victory against the Banks and their charges against benefits.

[pooky2483]

Re: Santander ignoring me

I've also just sent an email to the DWP asking for clarification.

[pooky2483]

Re: Santander ignoring me

Not heard anything so sent them another email.

[pooky2483]

Re: Santander ignoring me

As of 25 Oct I've not heard anything, so I've involved my local MP and sent him an email explaining what I am doing. Then only days later I get a letter from the DWP;
I cant believe the stupidity of the DWP (Well, I can really). And as yet, I'm still to receive a reply from my local MP, who I know will reply as I'm writing to him quite regular and receive replies (both letter & email).