Overdrawn by £1.85 they are going to charge my girlfriend £30 each day ( on benefits

[christopher1980]

Hello Consumer Action Group

 

(Bank Lloyds TSB) My Girlfriend is Overdrawn by £1.85 they are going to

charge her £30 each day, she receives Income Support is there anythink

she can do to get the get the money back or stop them charging her ?

 

Thanks

 

Regards,

 

Chris

[pt2537]

Hi there

 

the answer is yes to a point,she can atleast stop them taking her money if its from benefits and she can claim any money back that they do take

 

if you read through this post here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html this should help you stop them taking your money.

 

then read here for how to claim http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

regards

paul

[christopher1980]

Thank you ill have a read of your links, ill post if i need more help.

 

Thanks pt2537

[christopher1980]

Hello

 

i dont think the letter on "RIGHT OF APPROPRIATION" would work

They say in this letter it will be 14 days before they take any charges

out.

 

RIGHT OF APPROPRIATION EXAMPLE

 

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;

 

-----------------------------------------------------------------------

 

im not sure by putting a date on a letter would stop them taking the money out.

 

The:

 

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

©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

 

Does this mean any child benfits or income support paid into her bank account cant be charged ? if your overdrawn ?

 

The reason she was overdrawn on her account is that she had

£5 in her account but there was a direct debit £6.85 for some

cancer insurance which left her overdrawn by £1.85.

 

The only money she gets is from income support and child benfits if that helps.

 

Any chance you can go thought with it with me ?

 

Regards,

 

Chris

[pt2537]

Hi christopher1980.

 

sorry for the delay in responding to your thread

from my understanding of the Social Security Administration Act 1992 your partners benefit should be protected .you should use the template letter on the right of appropriation and send it to your bank. the bank should not touch your partners benefit , thats my understanding of it but im not a lawyer (yet) so i may be wrong

 

regards

 

paul

[tigga_1961]

I am having similar problems with nat west on wed i had £130 tax credits paid in and the bank immediately took £38 charges for an unpaid direct debit £22, can i use the right of appropriation for more than one occasion, as i solely live on benefits tax creds and incapacity ben at the mo, which tc goes in every week and ib every 2 weeks, can i change the template to read that this is my living expenses.? any help appreciated

[christopher1980]

Thanks pt2537 i have a date they are going to charge my girlfriend

which is in 6 weeks which on the letter it said 14 days two diffrent

dates but ill do it for the 6 weeks date.

 

Will they try and charge my gf another date if this letter works for the date

i put on the letter ?

 

Regards,

 

Chris