Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
There have been several reported cases of Banks taking charges from accounts that have benefits paid into them by DWP and Social security.thus leaving them with little or no money.
Here is a template letter to take or send to the bank to address this.
It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue.
A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment.
I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;
Rent £xx
Utilities bills £xx
Housekeeping money £xx
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.
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I would expect this to apply to that too yes.
Its not specifically for benefits.....the nature of the letter is to let the bank know that you need the money for essentials......this would be regardless of where the money is from.
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Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info
you are champion. had a problem this week with 2 * £30 being deducted because 2 debit card trans for £4.59 and £3.49 debited on diffrent dates and went overdrawn and over the buffer of £5.00.
Hi. This is BRILLIANT ....BUT....will it work??....and similar to myself with our Bank.. they have taken nearly all our Benefits that are payed into this account directly as charges.....can I claim this back with a little amendment to your letter......They have left us with nothing and not even paying d/d with the monies ther for them but instead has taken it for their charges. I have written to the DIRECTOR of the Bank and have relayed my concerns over the telephone but nothing has happened..YET.. and I am going back some weeks now..havew sent a Thread about this,previously. Thanks for any info
The only words they understand is those with a legal slant to them
There is no reason why it should not work and has indeed worked for many.
The fact that you have brought this to their attention and informed them as such has an effect.Though I suspect there will be an assesment made as to whether allowing you to have access to your money is preventing hardship
if by taking your money this leaves you vulnerable to your ability to function or causes hardship in your household I think there is a case to allow it.
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I belive that when the banks take bennifits. that the dwp can take back off the back.
as when i had problems and asked the dwp to not make any payments too the bank
I was aske if they had grabed any and if i wanted them to swipe it back.
It appears so.
To be honest I was not aware of this until now but my enquires reveal that DWP can indeed have some influence there.
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My pension got paid into the bank account we are having problems with, i sent the letter of appropriation to the bank,recorded delivery (letter in templates library)they rang me on receipt of the letter to discuss this. Got the pension intact, the bank did not like it, but it worked. I rang DWP and explained what was going on and arranged for my pension to go into my parachute account. DWP said they could help if I wanted the pension still to be paid into the account in dispute, but think having it paid into a different account is better for me.
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A superb post Martin.
DWP can influence a little if you speak to them.
Also, for benefits, set up a post office account immediately so this source of income is protected if your money is constantly being taken.
This account can be opened upon request in any benefits office/jobcentre.
Not really a good idea as its likely that there will be 2 of them in the room with you......they tend to do this as intimidation and know that you wont feel comfortable.
Best keeping things to the written letter,that way you avoid the confrontation but still get the result.
Dont forget a letter of appropriation needs to be sent for every payment you want protecting.
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This happened to me earlier this year. I had gone overdrawn with my bank and they took my JSA to cover that and charges. The way they are acting is a dsigrace, this site has really opened my eyes to the abuses these banks are making.