Has anyone tried to use First right of appropriation against a bank?

[Amethyst]

If you have can you let me know.

This will have been if you have a low income or benefits and charges or an overdraft due to go out of your account which will have eaten your money up stopping you paying essential expenses like rent.

I am currently examining the banks attitude and compliance with this little known part of common law and any experiences would be most useful.

Many thanks

Ame
x

[doompixie]

Re: Has anyone tried to use First right of appropriation against a bank?

I have not used letters or anything but I have had no problems with Natwest and withdrawing benefits in-branch from an overdrawn account.
Not sure if it helps, but just in case

[Amethyst]

Re: Has anyone tried to use First right of appropriation against a bank?

Excellent doompixie, can you tell me a bit more, by pm if you prefer.

[peggy]

Re: Has anyone tried to use First right of appropriation against a bank?

Hi

I have used it but it was quite a while ago against Barclays. I had a debt with barclaycard that I hadn't paid and I also banked with Barclays, they helped themselves to money in my bank account when it had been credited with DLA I received on behalf of my son.

I sent Barclays a first right of appropriation and managed to get the money (which I think was about £110) refunded to my account, Barclays did complywith it, well at least long enough for me to close my account and open another with a different bank. I wasn't willing to risk the same happening again.

Hope that helps.

[archer_66]

Re: Has anyone tried to use First right of appropriation against a bank?

i have with natwest more than a year ago. they were going to take charges out of my tax credits , which wouldve left me with almost no money. they still took the charges out and i had to borrow money off a door step lender.
ive sent one this week with proof of bills needing paying . i doubt itll work though judging on past experiences.

[kamm44]

Re: Has anyone tried to use First right of appropriation against a bank?

just tried it yesterday with lloydstsb,manager was not happy and changed account from platinum to basic on the spot, was told i could use it only once and bank acc would be closed,also black mark on credit rating!now,my argument was that the bank had used their appropriation to take bank charges which then swallowed up my child benefit [they moved debits spent before bank charge day to same day as charges and took thier charge first{appropriation?}when i asked for my child benefit to be returned over the counter they refused{can this be called theft? as it caused me loss}. i really wanted to call police and embarrass the manager into giving it back! i have been with this bank for 15 yrs and have now opened another bank acc with another bank.as i owe the bank my 1000 overdraft i was told i could not close my acc until it is paid{i told them i would use my FROA and they could close it for me!{she didnt see the funny side!} i am claiming 2200 from them in charges and am still trying to get them to change my reclaim to go the fin hardship route.what now?

[natweststaffmember]

Re: Has anyone tried to use First right of appropriation against a bank?

The manager is talking crap. You can use the letter once per time. If you really want to make an issue of it you might want to write a letter of complaint to LloydsTSB head office. Changing the account is ok, but if they shut the account because you used the First Right of Appropriation then that would mean you should have a case with the FOS for retaliatory action by the bank. It's hardly "treating customers fairly" is it?

What stage are you with financial hardship?

[kamm44]

Re: Has anyone tried to use First right of appropriation against a bank?

spent two days trying to find out who to ask at bank for form to fill in,got number now,still want to get police in to see her for theft tho! still really angry at them for changing my debits around

[natweststaffmember]

Re: Has anyone tried to use First right of appropriation against a bank?

Are you talking about a form to fill in to claim bank charges or a letter about getting your benefits from the account?

[kamm44]

Re: Has anyone tried to use First right of appropriation against a bank?

a form to prove i'm in financial hardship and to release my claim thats on hold.

[enaid]

Re: Has anyone tried to use First right of appropriation against a bank?

Hi kamm,Guide to Claiming Hardship - updated February 2009 - Legal Beagles
Please have a read of this thread it gives all the info on claiming for hardship.
We have an I&E sheet you can fill in Legal Beagles as stated you can Email this to anyone on team to keep your details private.
If this is the way you wish to go with your claim we will put your posts onto a new thread and you can then follow what is happening with your particular claim more easily.
Enaid x

[emmac1980]

Re: Has anyone tried to use First right of appropriation against a bank?

Hi, I have been reading about this post and wondered if anybody could help me, last year RBS closed down my account once the overdraft was paid off and part of the money that had paid the account off was my sons child benefit and also the maternity grant that the government had given me for him. Can I get this back?

[natweststaffmember]

Re: Has anyone tried to use First right of appropriation against a bank?

Hi, I have been reading about this post and wondered if anybody could help me, last year RBS closed down my account once the overdraft was paid off and part of the money that had paid the account off was my sons child benefit and also the maternity grant that the government had given me for him. Can I get this back?

Did you close the account down or did the bank close the account down?

[enaid]

Re: Has anyone tried to use First right of appropriation against a bank?

Hi, I have been reading about this post and wondered if anybody could help me, last year RBS closed down my account once the overdraft was paid off and part of the money that had paid the account off was my sons child benefit and also the maternity grant that the government had given me for him. Can I get this back?

You can claim the charges back that were applied to the account and we can help you do that.
Enaid x

[andrewmr]

Re: Has anyone tried to use First right of appropriation against a bank?

I tried for a dead person see below.
No go with the Barclays, Staff in branch Don't know anything. Put me on the phone to their Barclays Bereavement Centre who still insist that the £2K in the deceased's current account will go against the £3K Bcard debt.
Gave them the letter of First Appropriation nobody knows what it means. Told them it meant that they got to give us the money.
Sending copy of the Letter of Appropriation direct to the Barclays' Bereavement centre (rob the dead centre).
Next will draft letters to Banking Ombudsman and BCOBS.
Could dNo with some media help. Anybody working for the press/TV news etc?
Who is the head guy in Barclays and his address?