Thread: Has anyone used SSAA 1992 to force LLoyds TSB to pay out taken State Benefit money?

Have any CAGgers managed to use the SSAA1992 to get Lloyds TSB to refund their charges and/or stop appropriating their benefits?? If so, to whom does my branch manager need to speak to gain authority to be able to pay up.

I am a Lloyds TSB customer trying to stop my Lloyds TSB credit card taking money from my Lloyds TSB current account. My only source of income is my Incapacity Benefit paid into my Lloyds TSB current account fortnightly and clearly identified as such on statements but since January my Lloyds TSB credit card has taken 5 payments of between £40 and £50 from my bank account at irregular intervals to pay arrears on my credit card.

Armed with the Social Security Administration Act 1992 I visited my Lloyds TSB branch today to demand this money back as it was an “illegal charge on my incapacity benefit”. My bank manager was very approachable and tried phoning several people about this. The Lloyds TSB credit card people refused to refund the money as they said they had the right to take it (which I strongly disputed). The Current Account Financial support people suggested that I could use 1st right of appropriation but warned me (and this is the important bit) that if I enforced my first right of appropriation the bank would shortly after issue me with a 30 days notice of account closure !

I explained that I didn’t need to use First right of appropriation as the bank had no right to the benefit money BY LAW and again quoted the SSAA1992 and showed the manager the relevant section. The person he was speaking to told him that the banks position was that I had already spent the money in advance of receiving it. My bank manager persevered but could not get anyone who could authorise me to withdraw my benefit.

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Yes, I've done that. There's a letter in the templates section that I sent to my branch. Of course, they ignored this and wouldn't let me take the money out. So I sent a letter of complaint to their registered office and - eventually - they did respond and I managed to get my money.

However, they did say that if this sort of thing became a regular occurance on the account then they would ask me to close it.

Hope this helps

Thanks for that Nick.