First Right of Appropriation

[Amethyst]

View Letters http://www.legal-beagles.co.uk/forums/template-library-letters/124-first-right-appropriation.html

If a bank informs you it will be taking money from your account to pay itself, for any reason, charges, offset of another account/loan etc. and you cant afford for them to take the money, then you MAY be able to use the Right of Appropriation to stop them taking the money temporarily/allow you to have use of that money and they take it from overdraft balances etc.

You should take this letter to the bank at least 7 days before the payment is due in / they are due to take the money.

Its an emergency measure and is not guaranteed to work.

You have to give the bank details of the essential living expenses you need to use the money for.

[lildude222]

Re: First Right of Appropriation

Hiya,

Im wondering if anyone can help me, my bank is over drawn at the moment and my wages were paid into this and swallowed up by it. I wolndered if i could use the right of appropriation to get some of this money back as i havent been paid for 3 months and need money to live. i need to know if i can get some money back by using the right of appropriation and is there is a specif amount that you can get back for "living expenses"
can anyone help --- majorly panicking at the mo

thank you xx

[Paule]

Re: First Right of Appropriation

. I wolndered if i could use the right of appropriation to get some of this money back

unfortunately you need to do this before, not retrospectively

You should take this letter to the bank at least 7 days before the payment is due in / they are due to take the money.

Its an emergency measure and is not guaranteed to work.

You have to give the bank details of the essential living expenses you need to use the money for.

[TANZARELLI]

Re: First Right of Appropriation

Interestingly on PAG we have had some discussions around this subject and previously people have tried to use Social Security Administration Act 1992 as an arguement for this but it has little effect and is often ignored by the banks, however one member on PAG has a relative who was given a letter by her council to take to the bank as it had taken a payment to reduce an overdraft and in this letter it stated:

A payment was made to your bank account: Account Number ********

This is a Social Security payment made under the Social Security & Contributory Benefits Act 1992. Under this act there is no right of appropriation with this paymentand therefore your bank may not use this money to reduce any overdraft leveland this money must be made available for the purposes it was paid, namely your rent liability.

Please present this to your bank to inform them of the requirement to enable you to be able to withdraw the sum deposited for the purpose specified.

Please bring this letter with you for reference if you intend to visit any of our offices.

Yours sincerely

Head of Revenues and Benefits

Well this would suggest that the Social Security & Contributory Benefits Act 1992 here:
http://www.opsi.gov.uk/ACTS/acts1992...20004_en_1.htm

would be the way forward then and not the Social Security Administration Act 1992 here:
http://www.opsi.gov.uk/Acts/acts1992..._19920005_en_1

HTH

Tanz
PS the PAG thread is here and the letter is in post #12: http://www.penaltyactiongroup.co.uk/...p=68442#p68442

[natweststaffmember]

Re: First Right of Appropriation

What section of the act? Need a citation...

[Amethyst]

Re: First Right of Appropriation

I will have a look into this. Can I ask which council this is.

The councils have incorrect info on their sites I am trying to get some information from a few of them as to why they are recommending this. A couple have quoted the RUC website so I have a feeling they have used info from there.

But this letter will be useful to put to the banks and councils, thank you Tanz. I am working on sorting this FROA stuff out in VIP at the mo.

I'll try come over have a look on PAG.

[Amethyst]

Re: First Right of Appropriation

Okay got the letter - this is northampton.

Your discussion doesnt seem to have gotten much further than that. Do you know which section of the SSBC act it refers to. I cant see anything.

[TANZARELLI]

Re: First Right of Appropriation

I will have a look into this. Can I ask which council this is.

Northampton.
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Okay got the letter - this is northampton.

Your discussion doesnt seem to have gotten much further than that. Do you know which section of the SSBC act it refers to. I cant see anything.

No I only noticed the post by Maxie this morning and thought it was useful. I will ask her to try to get her daughter to ask.

[Maxie Girl]

Re: First Right of Appropriation

Hiya,

I'm actually waiting on a call back from the council and will ask them ok..

I'll either let Tanz know or post here as soon as I have an answer..

Maxie.x

[TANZARELLI]

Re: First Right of Appropriation

I have just skimmed through the whole act and I can't see anything about this either so am not 100% on this.
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Hiya,

I'm actually waiting on a call back from the council and will ask them ok..

I'll either let Tanz know or post here as soon as I have an answer..

Maxie.x

Thanks Maxie, I was just reading through the act lol. Yeah let us know if you get an answer to which section of this act the council is referring to mate.

[Amethyst]

Re: First Right of Appropriation

Thanks Maxie and Tanz

What I suspect is they have got it wrong like many do, however the formality of a letter from the council and a quoted legislation does pretty often kick the banks arse into doing what they should have done in the first place - allow benefits to be used for essential living expenses.

Its a difficult one, we know it is incorrect, and that needs to change so benefits ARE inalienable from bank charges, but we don't want to publicise it too widely because the lower level bank staff will barf at these letters - and its handy them not knowing its wrong. Just don't want to push people to court etc to rely on wrong information....

In the FROA stuff we have been talking about putting some kind of complaint forward (possibly with CAB) to make housing/LHA benefits inalienable from bank charges, as this damn financial inclusion and the councils refusal to pay landlords direct unless you suffer from mental incapacity etc is just causing so many problems with bank charges - but then when bank charges are sorted it will help (although am sure banks will find another way to steal peoples benefits)

rant oops sorry.

Maxie - let me know what they say, and if you are in agreement may i use a copy of your letter anon. to find out from the council in question some umm questions.

[TANZARELLI]

Re: First Right of Appropriation

What I suspect is they have got it wrong like many do

I think you may be right mate.

[Maxie Girl]

Re: First Right of Appropriation

Maxie - let me know what they say, and if you are in agreement may i use a copy of your letter anon. to find out from the council in question some umm questions.

Yeah, sure will and feel free to use a copy of the letter hun..

Max.x