My son opened some time ago a Gold account with RBS alongside his normal bank account. He never used it but set up a DD from the Gold account with tiscali for £20 approx when he moved into his own place for a broadband set up. Having spoken to RBS myself, it seems the charges have escalated now to almost £400 and still rising. They said the DD was returned unpaid as there was no money in the account to pay it. They are refusing now to allow him to take his jobseekers payment from his normal account as he has to pay them back the charges. Can I use the right of appropriation letter to allow him to get this money from his account? The money was paid in yesterday 9th April. This is the 2nd time he has been unable to draw money with his card and has had to move back home because he has no money

He needs to open an account with another bank not connected to RBS(so NOT NatWest).

Perhaps a Co-op cashminder account- can be applied for over the phone?

RBS have no right to take this money or prevent its withdrawal, This is money paid to him by the Government ........it is a benefit paid to for a special purpose to assist him in seeking employment .......by taking it they are preventing him from fulfilling his part of the contract to use it to seek employment....... even if the Government own most of RBS they cannot touch it. I would send a PM to IceMaiden who had a similar problem......it finally cost a particular Bank a lorra lorra money....... her Bank took her university grant, that lost time in obtaining her education degrees.

I would also make your MP aware of this.

sparkie

RBS have no right to take this money or prevent its withdrawal, This is money paid to him by the Government ........it is a benefit paid to for a special purpose to assist him in seeking employment .......by taking it they are preventing him from fulfilling his part of the contract to use it to seek employment....... even if the Government own most of RBS they cannot touch it. I would send a PM to IceMaiden who had a similar problem......it finally cost a particular Bank a lorra lorra money....... her Bank took her university grant, that lost time in obtaining her education degrees.

I would also make your MP aware of this.

 

sparkie

Utter nonsense, once JSA hits the account it is treated as income(the same as if you were working). The OP's son can use the FROA(First Right of Appropriation) however, the easiest thing for him to do is open an account elsewhere and get the benefit paid in there plus, if not done already, get rid of the bells and whistles element of the RBS account.

Sorry yourbank,

I totally disagree on this one ......jobseekers allowance is stated what it is ....an allowance paid for one specific purpose only and is the bare minimum a person needs to actually live on....until that person has removed the money from his account it belongs to the government...FACT and has been ruled so by the Law Lords.

What you are actually saying is that if the jobseeker takes the money in cash from his Post Office..... the Bank have the right to meet him outside and take the money off him ........( analogy), these examples were often used by Master of the Rolls Lord Denning in explaining points of law.

As proved in the case of a Bank taking a Government grant to offset an overdraft in the case I quoted...they were taken to Court for theft, and that was proved compensation was awarded in the 10's of thousands.

By taking a jobseekers allowance awarded by the government and taxpayer it is theft .....not misappropriation, because the action of taking it by the bank is with no intent ever to give it back......that is the definition of theft........ and not misappropriation.

The particular case I refer to is the reason I take this view.

sparkie:cool:

hit me with the case Law.

Never mentioned the Post Office

Again hit me with case law.

Considering the government has already given responses to petitions re SSAA1992 and Tax Credits Act, not really seeing what you are saying.....

As it stands and for practical reasons, the new bank account followed by reclaiming the charges is the most effective path, as far as I know from experience.

I've not had success any other way!