right of appropriation any info?

[jules2008]

Has anyone won a case on the right of appropriation because i think this is very important especially as benefits could be seen as your money once it hits your bank account.

surely the owner of the money has some say where the money actually goes before it is zapped up by an electronic system the bank run for their convenience.

what exactly does the right of appropriation mean and can this be used when writing to bank etc?

jules

[Paule]

Re: right of appropriation any info?

Have a read of this thread

Legal Beagles

[Amethyst]

Re: right of appropriation any info?

Hi Jules

I don't know that you can take first right of appropriation to court - are you meaning as a way of getting back the charges ?

First right of appropriation is meant to be you chosing where your money goes - with banks this means writing to them seven days prior to a payment in, usually of pay or benefits, but possibly a specific cheque, and you spell out to them what that money is required for. Then they should allow you to withdraw the sum to pay the things you need to and they use the remainder for their charges even if that means putting you in a bigger OD and more charges position. Charges, as we have found out through trying the social security act etc are legally something you have chosen to spend your money on. The money once it hits your account is your money and no longer belongs to the state.

If you have tried to use your first right of appropriation and been refused or ignored then I would imagine you may be able to take that to court to force the bank to comply with it. However banks are in their rights to close your account over a breakdown of relationship and lots of them seem to do this if you try using your first right of appropriation. The speed of court is such that using court would be useless unless you tried an injunction to stop the bank taking your money but I cant see that would be successful either. Plus injunctions are expensive.

The main issue it is recommended to be used for is things like housing benefit. Where it is paid to you for a specific purpose to your account, then the banks taking charges out leaving you without enough to pay rent. Direct payments are better in those circumstances (council to landlord). but this is the area the councils recommend using FROA.

Hope that helps a little

Ame
xx

[jules2008]

Re: right of appropriation any info?

Charges, as we have found out through trying the social security act etc are legally something you have chosen to spend your money on. The money once it hits your account is your money and no longer belongs to the state.

This is ludicrus as nobody in their right mind chooses to pay the charges they are taken from accounts electronically without the account holders choice? not taking into account it could cause futher charges which it often does like you say and i think this is not acting in the best interests of the account holder and they are only there to provide a service at the end of the day.
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bring back the monster raving loony party and let them have their say i rekon.

[Amethyst]

Re: right of appropriation any info?

I interviewed screaming lord sutch for a radio programme once, bizarrely. he was lovely.

I agree with your point but you chose where to have your benefits paid. eg. i have mine paid to a post office cash card account - i retreive them in cash (usually the day they go in) and distribute them accordingly (usually the supermarket) - I chose not to have a bank account or lose any money in charges but prefer to pay a slight premium on my water bill and electric for using cash. I get a Giro for my IS and until I cash it it belongs to state, as soon as I cash it its my choice what i do with it. Disbursements ( those things outlawed by the SSA and TCA) would be taken at source thus my Giro would be made out for less.

You see what i mean?

You choose to have benefits paid to the bank, you choose to risk charges and fees etc for the convenience of having debit card etc and direct debit facilities.

[tomterm8]

Re: right of appropriation any info?

I think that the courts are effectively barred from FROA because, in practice, actually getting an injunction or court order would be too expensive for someone who needed to use it. However, the Financial Ombudsman Service is actually quite effective on these issues, and they couldn't then close down your account without the F.O.S. getting very angry with them.