Santander and right of Apprpriation

[Caevans]

Hi,

 

I am posting on behalf of my sons girlfriend. She has no idea what to do and I said I would try and help her.

 

She is 18 and has held an Abbey National account since she was 15. She has gone overdrawn by approximately one or two pounds since she has had the account, never been a problem as when her money goes in they take the one or two pounds back and thats it. The bank itself was taken over by Santander, and since then she has had nothing but problems.

 

She turned 18 early this year, and is claiming Benefits which are paid into her Santander account. At christmas she requested a cash only card (presently she has a visa electron) of which the bank apparently have no trace. Because she has a visa electron debit card she tends to use that to pay for things rather than drawing the money out of the bank. So again she ends up going overdrawn (the largest amount she has gone overdrawn is £4.51). The problem she now has is the charges made against her account, the bank charges her £5 everytime she uses her card that takes her overdrawn. As she gets paid weekly this can be as many as 4 or 5 £5 charges in a month. They also are charging her £25 which adds up to £50 a month for being overdrawn by £4.

 

On the 24 may she was in credit (according to her statement) by £3.89 the same day the bank took £25 out of her account which put her overdrawn by £21.11. The following day she paid for something (amount £2.95) on her card not realising the bank had taken the charges and she was now overdrawn, they allowed the transaction to go through and charged her £5 for using the card whilst overdrawn (on statement as instant overdraft request fee). By the 28th may when her DWP benefit of £51.85 was paid in her bank had the overdraft up to £41.11 so she has £10.00 to live on.

 

I found out about all this at the beginning of June and immediately came to Cag to get advice, read all the threads and found the thread with the bank taking benefit money and right of appropriation letter. On the 4th of June I went to the bank with her asked what the charges were for, mentioned about not taking benefit money but didn't push that part too far as I wasn't sure but I did give them a right of appropriation letter including expenditure sheet. The bank informed me that rights of appropriation were only legal if the person was under the age of 18. I stuck to my guns and said that it was not and asked that they accepted the letter (which they didnt want to do). The person we spoke to went off and phoned two different departments which agreed that the letter was not legal over the age of 18. I asked again that they accept the letter and provide me with a signed receipt that it had been handed in (the assistant manager after some arguing did this).

 

What I would like to know is what to do now? What is my next step?

 

P.s The overdraft is unauthorised I'm not sure if this makes a difference, but I would have thought the card payment for £2.95 would have been refused if there is no overdraft facility instead of allowing it and then charging her £5.

[Caevans]

My son's girlfriend has just been to the bank, £50.00 Income Supprt was paid in this morning, this was all taken by the bank and she is now £6.50 in overdraft.

 

Can someone tell me what the next step is, I am prepared to fight this all the way to the courts if necessary, just need to know what the next step is.

[dx100uk]

what a load of bull!

onlt under 18! my foot

 

there is a sticky entitled

is the bank taking your benefits

 

use the search in our blue bar.

 

i'll find it later if you don't

 

disgusting!!!! abbey shame on you...

 

dx

[loopinlouie]

Abbeys practices do tend to sniff, unless they are selling something I found when on benefits;) Should be able if follow sticky thread, to get the money back, best wishes xx

[Viking_Raider]

Just to explain - Caevans is my partner and she's asked me to comment about the current situation.

 

Right - last week they took £50 out of her account putting her just over £6 overdrawn - this week the income support came in - and they took it all again and put her back into overdraft. They've ignored the letter of appropriation (twice now). The poor girl has been left with no money at all - everything is being taken up with these bank charges.

 

We've got her to open up a parachute account - but the DWP is still paying her money into the Abbey account - where it's going to feed the bankers bonuses.

 

We really need to know what steps to take now - could someone point out the sticky that was mentioned above? I haven't been able to find it!

 

With no money for solicitors, we really need to know where to go. I've been advised that the banking ombudsman is about as much use as a chocolate ashtray, so we're thinking about going to CAB.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/125278-your-bank-taking-your.html

 

The Consumer Forums - Is your bank taking away your subsistence money?

 

and more in these threads:

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3554244

 

dx