PLease help me - Right of appropriation.

[sar011279]

I can't beleive it, I'm sat here in tears as I've just spoken to the rudest women in the whole world at Abbey.

Basically my tax credits go into my account tomorrow - £85 - the account is £80 overdrawn with no overdraft facility. This leaves me £5 which isn't enough to feed 2 adults and 2 toddlers for a week. Having read about the first right of appropration I called Abbey to ask that I can have this money. The woman was horrible and told me that the account was overdrawn because I'd spent the money (actually it's bank charges that I've just sent a LBA for) and that purely as goodwill she would authorise it on this one occasion as long as I hand in my Visa electron card and cheque book tomorrow when I go to get the money. I need my card, I use it to pay the mortgage over the phone on the last working day of every month which is when my other half gets his wages, as paying by any other method means that the money doesn't get to them in time to register as that months payment.

I just spoke to CAB who told me that there's no way I can get this weeks money and told me to get a crisis loan but I can't because we had one last year and still haven't managed to pay it back. What can I do?

[surprise]

Have a look in the thread at the top of General Debt - "Are the bank taking your benefits", this is very helpful and you might find what you are looking for. I contributed to that thread as my daughter was having the same problem. We finished up getting our MP involved who did solve get Lloyds to repay the charges.

 

Good luck.

[yaffsimone1]

I asked a question about NatWest exercising thier right to take my money. Have a look at my thread. It may help. There is a template letter there you can use to stop the bank but you have to give 7 days notice but as they have allowed you to have the money this time is does not matter but if you think you will be in the same position next month get the letter off before the end of the month.

 

I see it is an unauthorised overdraft but im assuming the appropriation still applies. Also i would consider openng a new bank account one of those basic ones that do not require credit. It will keep your money safe at least. I am doing that now. Applied to Co-op and Halifax

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/89425-first-right-appropriation.html

 

If i have been helpfull please tip my scales.

[powelll]

Spot on Yaffsimone - A new account ASAP is best way to go. As this seems to be ongoing thing you may want to get some advice about your whole situation? Try National Debtline on 0808 808 4000 it's free confidential impartial advice 7 they will look at your circumstances as a whole.

 

Best of luck

[yaffsimone1]

Spot on Yaffsimone - A new account ASAP is best way to go. As this seems to be ongoing thing you may want to get some advice about your whole situation? Try National Debtline on 0808 808 4000 it's free confidential impartial advice 7 they will look at your circumstances as a whole.

 

Best of luck

 

 

It was only spot on with your help Powelll;)

[MARTIN3030]

Saro you should also in any letter of appropriation tell them they are breaching the Social Security Administration act 1992.

In addition remind them that you will be filing a complaint with the FOS .

I would take the letter down and get a receipt for it.

This will mean they have no excuse to stal and would be forced to act immediately.

A complaint to the FOS will cost them 400.00 whether they are found to be behaving correctly or not but as you know theres no way they are or should be allowed to get away with this any longer.

Makes my bloody blood boil

 

 

By the way.....theres no reasons why you should not get a Crisis loan and kill 2 birds with 1 stone.They will have little option but to allow it and would then be forced to investigate.

 

e mail me if you want me to assist you.

[sar011279]

Thanks for your help guys, will have to set up another account for payments to go into, why on earth Tax Credits can't send me giro's I don't know, apparently the fact that I never see any of the money isn't a good enough reason.

I've tried the whole Right of Appropriation thing, they weren't interested at all, even management level above the idiots that are in the call centre weren't interested, I put it into writing about 4 weeks ago and hand delivered to my branch as I could forsee there may be a time when problems arose and just wanted to cover my back but they've just laughed at me point blank refusing to accept the SSA and to be honest CAB were useless too despite what their online factsheet says about it. I'm just so angry about the blatant disregard for my personal circumstances, we've only just fallen on hard times due to a redundancy and most things have fallen into arrears but I can handle that as long as my family can eat. There is light on the horizon but it's going to take about a month to get there. I can't believe it I'm 5 months pregnant and have just been crawling around under the bed looking for enough money to buy a pint of milk.

It really just does infruiate me, oh well like I said LBA on route and am also doing a claim against Abbey for a neighbour so b**LL***s to them they can keep the money, I've paid enough taxes over the years it's about time I took a little advantage of the system and get a crisis loan. In the meantime I shall plot my revenge..... like they say 'hell hath no fury like a woman scorned'... especially a rather hormonal one. :-x

[MARTIN3030]

Yes its understandable.

Maybe a letter to the FOS voicing all these issues would be a good idea.

When the issue of basic banking facilities was raised following the Governments push to end giros and encourage bacs payments the banks were asked to provide facilities to make this happen.

If I recall this was agreed as self regulatory but they were warned that if they could or would not put measures in place to accomodate this then they would be forced to do so.You have had a raw deal looks like all round.

Its possible that they have ignored you because they are unaware of your access to your rights here and the capacity you DO have to make them comply.

Dont give up the advice you have been given is sound and proven.

Time now to start enforcing it .....like I say I and others here will be more than happy to help you see them comply.

keep us updated.

[midge61]

HI

Sorry to hear your troubles. My daughter has had exactly the same problem with HSBC and they just laughed at her when i told her to take in letter of appropiation. Trouble is the bank staff dont know what it is and they just make you feel small as though your trying to pull a fast one.

I think if you actually phone the FOS they will be very helpfull.

We have just done a complaint to them for my daughter about this and to get her bank charges back (she is single parent on benefits).

Good luck

ps. dont forget to look down the side of the sofa!

Midge

[sar011279]

OK, I've calmed down slightly now and am plotting my revenge. First up I'm going to complain to everyone I can think of. Here's a list, if these anyone else that anyone thinks of please add to it or if it's not worth complaining to some of them please let me know;

FOS

OFT

DWP

Inland Revenue - is this the same as DWP?

Abbey muppets

TS

Watchdog - you never know

Local MP??

Papers??

FSA??

[ScarletPimpernel]

OK, I've calmed down slightly now and am plotting my revenge. First up I'm going to complain to everyone I can think of. Here's a list, if these anyone else that anyone thinks of please add to it or if it's not worth complaining to some of them please let me know;

FOS

OFT

DWP

Inland Revenue - is this the same as DWP?

Abbey muppets

TS

Watchdog - you never know

Local MP??

Papers??

FSA??

 

Inland Revenue are now called HM Revenue and Customs, and are not the same as DWP.

 

I'd be inclined to leave the papers out of it for the moment - it might be a story for a local rag, but as you can see from other posts this sort of thing isn't really news - it happens every day.

 

As far as your MP is concerned, the best bet is to contact his/her constituency office and find out when he/she is doing their next surgery. You can then speak face to face. Take any relevant papers with you.

 

You may also like to complain to the Banking Code Standards Board - Abbey are members - on the basis that financial institutions who subscribe to the Code are supposed to treat their customers 'fairly and reasonably', and 'consider cases of financial difficulty sympathetically and positively'.

[MARTIN3030]

For the record letters of Appropriation should always be given to or addressed to the Branch manager.

It is true to say that bank staff are not familiar with this.

Also the Authority to allow appropriation only rests with Branch management.They have discretion to impliment this so dont be fobbed off by them saying they need Head office clearance.If you feel like asking if your particular bank is aware of this then feel free to post in the bankworkers section You may well be told.

[sar011279]

Right spoke to FOS today who were absolutley useless. Unable to tell me if this complaint is valid or not or if Abbey have done anything wrong by refusing me but more concerningly they don't want to get invloved until 8 weeks after I have made an official complaint to Abbey re them not accepting my right of appropriation. Acoording to FOS I have to make a complaint 8 weeks after each time I've tried the right of appropriation and been refused. - Fat lot of good that is then. Also spoken to Inland Revenue who also weren't interested.... starting to think there isn't much substance behind the claim of 'stop your bank taking your benefits'

[ScarletPimpernel]

FOS can only get involved after you have gone through the bank's complaint procedure, which allows them 8 weeks to resolve the problem or provide a 'final response'. If you are still unhappy, then FOS can look at it.

 

So, ask Abbey for a copy of their written complaints procedure, which they are obliged to have under CCA 2006, and then begin a formal complaint. This may be enough to get Abbey into line - the branch probably won't want evidence that they've not acted properly going higher.

 

It may not be the best thing, but if it's all there is it's worth a try.

[powelll]

FOS can only get involved after you have gone through the bank's complaint procedure, which allows them 8 weeks to resolve the problem or provide a 'final response'. If you are still unhappy, then FOS can look at it.

 

So, ask Abbey for a copy of their written complaints procedure, which they are obliged to have under CCA 2006, and then begin a formal complaint. This may be enough to get Abbey into line - the branch probably won't want evidence that they've not acted properly going higher.

 

It may not be the best thing, but if it's all there is it's worth a try.

 

I'm afraid to say I agree - most Ombudsmen will only look at compalints after you have initially used the complaints process of the original organisation you have the problem with. Send the letters recorded delivery and keep a copy as FOS ( and most others ) will want copies of correspondence. It's not a quick process but we have to work with what we've got for the moment...

 

Best of luck