Thread: Right of Appropriation for money Already paid in????

Hi all, I am looking for some advice with regards to the right of appropriation that Jonnie2bad posted

The post is as below

NOTES

There is a process called the "right of appropriation" - this allows you to assign funds entering your account to specific events and needs. This is for ANY funds, not just benefits...

Some banks do not understand this process since it is not very often used. You might need to explain it when handing in the letter.

Also, whilst we can try this, there are 2 possible problems;

1) Ideally, you should give the bank 7 days notice. If they are aware, they could disregard the request.

2) They may just disregard it anyway and swallow up the money. You would then have to complain and involve the banking Ombudsman etc and, eventually, get it resolved. This could take a few weeks and would not solve the immediate problem.


Social Security Administration Act 1992
Miscellaneous
Certain benefit to be inalienable **

Here also is the legislation that can be quoted if the benefits that fall within this act apply to you.
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; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors


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Please note that items in red are for example purposes only and should be changed to suit your own requirements.

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[your address]




[bank name & address]



[date]








right of appropriation



Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx



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.


Yours faithfully,


[signature]


[print name]

My questions is

1) Can this be worked for funds that have been paid in to an account already and you just give them 7 days to allow you to access them?

The reason I am asking is that we had a payment into our account of wages ( we at the time had an overdraft of £1200 ) the pay was £750ish but the bank decided to withdraw our overdraft from that day and left us with no funds for mortgage etc. I would also like to add the reason the account closed was because a default was issued on a single seperate account where it is ALL charges and they removed our overdraft on our joint account because of this.

I am asking as we could really do with the money even in the next 2 weeks as our income has dropped. Any advice appreciated?

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Hi maxibon I had the some problem when I defaulted on my loan. RBS closed our joint account. Can’t see how they can get away with doing this as the loan account was just in my name, anyway I set up a new account and rang credit management services and asked them if they would authorise the withdrawal of my wages and all of my child benefits as they had to allow us to be able to live while every thing was getting sorted out. They agreed to it and told my local branch to allow it. You could try ringing them and asking.

Thanks Mbdiss,

I gave them a call and confirmed I wanted access to my money that was paid in to my account in December and they reinstated our over draft and also refunded charges on my sole account to the tune of £635. Went in today and drew out my money! :o

They did say they want our wages to start being paid back into the account so we will do that ...Good job I wasnt claiming on the sole account as yet as would have had to re work out the new charges. Still going ahead with a claim on the joint account though.

The guy I spoke to must have been the only helpful person i have spoken to there. His name was Ludwig and he was great! His manager authorised it all so I am happier now!!

Thanks Mbdiss for enspiring me to do this!!