Theft From State Benefit - Lba Help Needed

**gimme_my_money** · 25th October 2006 21:16

Hi guys

Just wondering if anyone witha sharp brain and sharper (legal) tongue can help me out?

I've sent the Prelim letter by recorded deliveryto Natwest for recovery of £1800 + interest, (letter delivered and signed for today, confirmed by royalmail tracker)

For the past few years, i've been forced to claim state benefits due to a marriage Breakdown and 3 pre-school age children. Natwest have without fail, charged me in excess of £60 a month in penalties. The benefit is regarded by the government to be the MINIMUM living allowance, and unlawful bank charges have resulted in my children and I living below the poverty line and causing extreme financial hardship

I would like to include this in the lba i'll send in a few weeks time, but i'm not sure how to word the letter. I'm hoping that the bank will settle in full, out of court, but i'm prepared to meet them there if needs be. I am also tempted to send a copy of the letter (along with an explanation) to the DWP, and the government ministers who deal with the benefits ... any idea who they are??? lol

Any help / advice would be really appreciated

GIMME xx

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**lickthewallfatboy** · 26th October 2006 07:46

you need to send them what is known as a "right of first appropriation icon

" letter -please amend this to suit your needs

right of appropriation

Dear Sir/Madam

RE account no xxxxxxxxxxx

Following consultation with Citizen’s Advice,we are writing to inform you that with immediate effect, we are exercising our right of appropriation in respect of the following benefits paid into our account-

TAX CREDITS (PAID IN EVERY FRIDAY)
INCAPACITY BENEFIT(PAID IN FORTNIGHTLY ON A WEDNESDAY)
DLA (PAID IN WEEKLY ON A WEDNESDAY)
CARER’S ALLOWANCE (ONCE MONTHLY)
FAMILY ALLOWANCE (ONCE MONTHLY)

To be used for the following purposes-

mortgage repayments
Utility Bills
Housekeeping expenses

Please ensure that this money is transferred to account number xxxxxxxxxx in order for these payments to be made.We shall be withdrawing the money on the day it is deposited in this account for the aforementioned uses.Please ensure that these benefit payments are NOT utilised to offset the disputed overdraft balance of account number xxxxxxxx.

This arrangement to remain in place until the court hearing against xxxxxxxxxx Bank,scheduled for October 5 2006,to determine the refund of unlawful charges in respect of account number xxxxxxxxxxx,or until any pre-hearing agreement is reached.

Please confirm this arrangement in writing to this address.

Yours faithfully

hope this helps-it helped us tip the bank right over the edge and immediately paid out our claim of almost £3K!!!

**gimme_my_money** · 26th October 2006 08:40

Thanks lickthewall,

Thats great! congratulations on your win! I'm going to send that shortly after the lba ... determined to include something about the bank forcing the family below the poverty line by taking unlawful penalties from benfit payments in the actual LBA letter, was also thinking about sending a copy of the LBA letter (and a copy of the one above with an explanation) to the government ministers who actually deal with these benefits --- may help "raise the stakes" a little. hmmmm thinking allowed now --- wouldn't hurt to send to the local MSP either!

Thanks again

Gimme xx

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