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Jenquack VS HSBC.. Bring it on!!


jenquack84
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NOTES

 

There is a process called the "Right of Appropriation" - this allows you to assign funds entering your account to specific events and needs. This is for ANY funds, not just benefits...

 

Some banks do not understand this process since it is not very often used. You might need to explain it when handing in the letter.

 

Also, whilst we can try this, there are 2 possible problems;

 

1) Ideally, you should give the bank 7 days notice. If they are aware, they could disregard the request.

 

2) They may just disregard it anyway and swallow up the money. You would then have to complain and involve the banking Ombudsman etc and, eventually, get it resolved. This could take a few weeks and would not solve the immediate problem.

 

 

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

 

 

************************* ************************* ****************

 

Please note that items in red are for example purposes only and should be changed to suit your own requirements.

 

************************* ************************* ****************

 

 

 

 

[bank name & address]

 

[date]

 

 

 

 

 

 

 

RIGHT OF APPROPRIATION

 

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

 

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;

 

Rent £xx

Utilities bills £xx

Housekeeping money £xx

 

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

 

Yours faithfully,

 

 

[signature]

 

 

[print name]

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Thanks for this pliny, I'm going to write the letter and hand it into a branch on monday! I expect they'll probably ignore it but it's worth a try right? Thanks again for all the advice and help i've been given everyone, it's really nice to know there's support out there and that I'm not the only one in this situation! Far from it lol...

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the letter does relate to benefits, i.e. tax credits, pensions, jobseekers allowances, child benefit etc.

 

 

so does that mean i can't take the action for my salary? i dont get any benefits or anything so the benefits part wont apply to me...

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I think they will view your salary as fair game Jen, its not money paid for a specific purpose like a state benefit.

Some people open a parachute account with another bank and transfer there direct debits etc, sometimes this isn’t possible though if you have other accounts or loans with HSBC.

pete

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i've opened another current account, and fully intend to transfer my direct debits etc after this month, but i couldnt get my salary transferred to my new account in time for this months pay, so i'll just have to use my hsbc account for one month more, and hope my blokey can find enough funds to feed us both lol!

 

darn pete... oh well it was worth the try. by next month i'll have moved my salary and hsbc wont know what's hit them! for someone who's in this amount of mess i feel surprisingly upbeat and in control... :)

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do it again?! I already have! 2 years ago my parents found out about all my debt and paid it off, nearly disowning me in the process. (my 21st birthday didn't happen to them lol :( ) now i'm in a worse state than i was then, but you'll never get me to tell them again. never i tell you!

 

i just cant wait, literally cant wait to post my letters monday morning and get started on these claims... 2 more sleeps to go! an offer seems such a long way off but i'm confident i'll get there, especially with all the help i've received so far, in just a day!

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haha!! how more right could you be? it's chocca full of shoes lol, cant close the door properly! i'm very much good and ready to sort it all out though, i've had my lightbulb moment where i just dont want to be in debt anymore, and i just want to not be scared of answering the phone/opening the mail. in fact, i now look forward to hsbc calling me next so i can tell them where to go! plus tomorrow we're going to write the most strongly worded letter of complaint hsbc have, and ever will receive. i'd say that they'll very much regret taking me on as a customer but i suspect that they already do lol... oh well!

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hey jen, i know exactly where you are about telling your parents lol... i'm an old lady but i've been bailed out before by my own folks, so when i started my claim i told them exactly nothing until afterwards!!! and when i told them i'd taken the bank to court for over 6k, they nearly had a cardiac, until i told them.... I'D WON!!! lol

If i've been helpful in any way....then tip my scales over there!

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Yes please Lattie! Either that or I was thinking ''Jenquack VS HSBC.. Bring it on!'' :D

 

Netty, it's good to know I'm not the only one terrified of my parents! I'm not a teenager anymore but not quite old enough not to be scared of them lol... :eek:

I'm torn between telling them I'm claiming, as they knew about some of the old charges or just waiting until I win and seeing how impressed they look! They've actually got some of the old bank account/credit card numbers I need, but I don't want to raise awkard questions by asking for them!!

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