theForum

Helping someone who is serving a sentence re. Bank charges problem


https://forum.unlock.org.uk/Topic7337.aspx

By topcat68 - 2 Sep 12 5:49 AM

smhair Hi everyone, would anyone know what to do about this? My friend is currently serving his sentence and obviously doesn't have access to the usual means of communication. I've been trying to help with all his 'official' issues on the outside. His bank I've noticed are adding charges by the month. These charges from what I can see are the result of when his old boss didnt pay his last wage in (I think they took advantage of his situation that he couldnt do anything about it with being locked up!) Although the bank returned the direct debits, unpaid, they added charges for unauthorised overdraft charges to the tune of £150.

I was able to fight on his behalf to get his old boss to pay some money into his account (3 months late) and his account was about £40 in credit. Now, I've checked again and despite there being no activity on his account (I cancelled all the DD's) he is now nearly £300 in the red; all of which are resultant of bank charges incurred on previous charges! I was of the belief that banks were not allowed to do this, after the high court case a few years ago when the Financial services Ombudsman case (FOS?) was taken to the court of appeal etc? The question is, what can be done about it? Obviously, because I am just his friend trying to act on his behalf, the banks aren't going to give me any info and they will probably cite 'data protection' etc.

My concern is that a rate of approx £150 a month in charges, none of which were incurred as a result of him spending (he was locked up!) by the time he gets out, he will be in debt up to his eyeballs and this seems wholly unfair to me, if not illegal! Any ideas guys? Thanks in advance for any suggestions or advice. Have a good weekend.
By Newton - 6 Sep 10 12:30 PM

Hi

What a dreadful situation. The only thing I can think of is that the person inside gives you 'Power of Attorney' until they come out. I don't know if this is possible but it could be one idea. Otherwise they could write to the bank themselves telling the bank to deal with you.

I have no idea if either of these would work but it could be worth a try.

Post Edited (Newton) : 28/10/2012 13:31:14 GMT
By Moostrasse - 29 Apr 12 12:44 PM

Hi Topcat

Your friend should have contacted the bank when first sentenced. The bank needs to know that he is in prison. If all the DD's have been cancelled, then charges should be stopped. He is able to write to the bank, from the research I have quickly skimmed over, to inform of the situation. Unless you're listed as a third party to discuss his account, then there is little you can do to prevent the bank from adding more charges. They are acting well within their rights.

Type into google, "Bank charges accruing while in prison" and the PDF file from the MOJ will come up and everything is in that document your friend will need.
By topcat68 - 2 Sep 12 5:49 AM

Thanks Newton, thanks Moostrasse, that's really helpful info. When he was first imprisoned, he was on remand with no warning wotsever, so it all came as a bit of a shock and I guess being the first time he'd had any brush with the law, he didn't know what to do and was more concerned with adjusting to his fate and being in prison I suppose. I'll check out that link Moose; much obliged for the advice ;-)