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JSA payments taken out sons account and some advice please


tinacee1
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Is there a letter template I could use when when the bank has already taken JSA payments out of my son's account.

 

Does anyone know the procedure for taking over my sons affairs while he is ill. I am so worried for him. He had taken a mental breakdown and just cannot cope with things and I am trying to sort everything out for him. He has completely shut down mentally (I am attending the doctor with him this afternoon) I just don't know where to turn or what to do. I suffer from arthritis and also on Incapacity Benefit, so cannot afford to handle these things financially through a solicitor.

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I think you would have to apply for Power of Attorney. The Citizens Advice Bureau should be able to advise you on this one.... and also advise you on solicitors in your area that do a "fixed fee interview", so that you'll know where you stand before you go in.

 

Why is the bank taking his JSA ? Do you mean bank charges are coming out of this money ?

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As P1 states you need Power of Attorney so you can manage your sons affairs. The type of power of attorney will depend on how bad your sons mental health is. The CAB can help you with this. A solicitor should not be necessary.

 

Regarding the bank taking money from his JSA I have to assume this is bank charges so you need to send them what is known as a Right of Appropriation letter on behalf of your son. You don't need to sign the letter so you can send it before getting the power of attorney if you want.

 

An example of a right of appropriation letter to your bank is shown below:

 

Dear Sir/Madam,

 

Bank Charges and Benefits and the First Right of Appropriation

 

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to you following several charges debited from my account totalling £xxxx on (date).

 

Bank charges are unlawful penalties for breach of contract. However, the bank or building society is only allowed to charge you what it costs to cover their administrative charges. If they charge you more than this, you may have a legal right to get back the difference.

Notably, and in my instance, if the income in an account comes from benefits, they are also contrary to the legislation relating to benefits. If the income is from incapacity benefit, job seekers allowance, etc , they are contrary to section 187 of the Social Security Administration Act 1992. The working of this Act comes under the Treasury and the Department of Work and Pensions, respectively and are quoted below for your immediate attention.

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

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

 

When you open an account with a bank or building society and use their services, you are entering into a contract. The law says that the bank or building society must carry out its business:-

• with reasonable care and skill.

 

If the service is unsatisfactory you may be entitled to compensation if the contract has been broken. I believe that there has been a breach of contract as I feel your organisation has failed to handle my affairs with reasonable care and skill.

 

This failure on your behalf has caused me a great deal of hardship. I am left with no means to pay the rent/bills due to the unauthorised amount now outstanding. The incoming amounts due to be deposited into my account next week will only clear the amount outstanding leaving little if any to pay the rent, for housekeeping or utility bills such as gas.

I ask for a little compassion and request that the benefit amounts totalling £xxxx, debited in order to pay for your default charges, be refunded by return.

 

I am also writing to inform you that I am due to have the following payments made into my account:-

  • Tax Credit payment of £xxx on xx/xx/xx
  • Child Benefit payment of £xxx on x/xx/xx
  • Incapacity Benefit payment of £xxx on x/xx/xx

Totalling £xxxx,

 

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,

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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