using my right of appropriation

[upsydaisy]

Could anyone give me any information regarding using my right of appropriation to withdraw a payment of child tax credit that i otherwise won't be able to access because my account is overdrawn.
I have done it before and was given the money i requested but when i went into my lloyds branch this morning with my right of appropriation letter i was told by a very rude manager that because i had done it before my account would be closed and to close it, it would have to be at £0, so because the account is overdrawn they can't close it and therefore i can't use my right of appropriation.
Any advice as to what i could say to the rude manager when i go back to try to withdraw my child tax credit payment would be greatly appreciated!

[rory32]

I have moved your threads to the Benefits Forum where you may receive more help on your situation. Why is the account overdrawn - is it due to charges? Is this a basic bank account?

[upsydaisy]

Thankyou. Its a select account that i have at LloydsTSB. The account is overdrawn because a loan payment was taken out and i couldn't afford to pay in the money to cover it

[rory32]

Ah right, so it's one of those packaged current accounts with a monthly fee. What was the letter that you used stating your first right of appropriation? When are your child tax credits due to be paid?

[upsydaisy]

Yes i pay £7.00 per month. This is the letter i took in:

Lloyds TSB Bank PLC
25 Gresham Street
London
EC2V 7HN
Monday 24th March, 2008
RIGHT OF APPROPRIATION
Dear Sir/Madam,
ACCOUNT NUMBER: SORT CODE:
I am writing to inform you that I am due to have a Child Tax credit payment of £117.27 paid into my account on Wednesday 26th March, and I wish to use my first right of appropriation under the Social Security Administration Act 1992 for this money, for the following purposes:
Rent £ Nil
Utilities bills £32.27 (Water, Gas, Electric and Council tax).
Housekeeping money £80.00 (Food).
I will withdraw the money 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.
Social Security Administration Act 1992
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.
Yours faithfully

I have actually been in to the bank this morning and they let me withdraw the full child tax credit payment then told me that i have 30 days to arrange another bank account as they are going to close my account with them because i have used my right of appropriation twice.

[rory32]

Okay well you may want to look at a basic bank account which you can open quite quickly (I don't know how good your credit rating is. If it's not good then a basic bank account is probably the best idea). NatWest would appear to do the best basic bank account but all banks do them. You won't get an overdraft or a cheque book but you can do DD's and SO's from them.

[Lula]

I would also ask them to put the reason why they are closing the account into writing and file a complaint with the Banking Ombudsmen because this could well be seen as retaliatory and against the rules.

[upsydaisy]

Thanks for that advice, i shall file a complaint