Open Letter to Lloyds re Social Inclusion and First right of appropriation

[frisp]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Chill out peeps, lets not behave like that lot over there.

[Froggy]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Chill out peeps, lets not behave like that lot over there.

Can I ask that no further comments are made re the issues I have with LB Team and Admin as they are being dealt with off this thread. Please can we discuss the content of the letter.... and maybe some suggestions already made by argentarius. Thanks.

[argentarius]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

I certainly wasn't slagging anyone off or reporting anyone to anybody!

The substance of the letter, in the main, is great as I've already said. I have huge respect for Amethyst and for the point behind this letter being sent.

Having said that, I think that I've made a few points which are worthy of a response from Amethyst or someone else, and Froggy appears to agree.

I also appreciate the comments about where we can review draft versions of this sort of letter and I will happily take the opportunity to do so in future.

Argy

Now off to take my daughter to the park in the sunshine!

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

I think I posted the draft up, but the one sent only had a couple changes - much to many etc. I'll upload the actual word file maybe later - I couldnt at time cause it was a .docx format.

Am not wishing to get involved in a discussion about spellings and grammer. Oh and i was out all day yesterday (I get time off for good behaviour now and again)

The issues may not be 100% perfect in some eyes but it is something will be needed in coming times and to get an idea of where the banks officially stand on it will be of interest and possible use in future work in the hardship / benefits and banking areas. Thats what I posted the letter for.

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Argy - I agree with you regarding the councils. i think that it is sad the only advice they give is the first appropriation and in the advice say but it probably won't work. Don't they have any better ideas.

Maybe someone would like to work on a letter to the councils....find out their views on the matter --- there are a number of them who say pretty much the same thing.

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Just a note following quick natter with Argy yesterday - councils of course have more power than us - and the councils sound very defeated by the lack of consideration by the bank with regards benefits. Can we write the letter to chivvy them to take some kind of action to get something in place across the board with the banks and the housing benefit (and local housing allowance) system. i do think that is the main issue - people need to pay the rent and the government provides for this so it needs to actually pay the rent not bank charges overdrafts or used to pay for other things by the reciepients of the benefits. At the moment people do have a choice if the landlord receives it direct or it goes to the bank (except local authority houseing which goes direct I beleive)

Also need to check the rules have been updated to account for the new benefit with regards inalienability in cases of bankruptcy and the like.

mmmmm maybe going off the main point a little but is all heavily inter related IMO.

[Tools]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Test post. Sorry all just testing something

[tomterm8]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Argy - I agree with you regarding the councils. i think that it is sad the only advice they give is the first appropriation and in the advice say but it probably won't work. Don't they have any better ideas.

Maybe someone would like to work on a letter to the councils....find out their views on the matter --- there are a number of them who say pretty much the same thing.

Didn't see this. While it's a good idea, unfortunatly I don't think councils have any powers on this issue BUT they should recommend a complaint to F.O.S.

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Received a reply today, well two replys, one from the Treasury and one from Lloyds. I will try and get them scanned in.

Treasury basically said thanks keep us informed, and Lloyds said we have no intention of responding in any detail, we are happy our ways of dealing with the right of appropriation are perfectly fine thanks very much.

Both letters dated same date - 8th July - coincedence but an amusing one.


Yes next step write to councils, reply to Lloyds with a bit more of an indepth argument as to how they should be dealing with the FROA, and copy reply and new letter to the Treasury.

[TANZARELLI]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Anything interesting?

[ed.]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Ame - you do realise TSB are my boyfriends. Can you email me what was sent please because it's about time I bugged my local assistant manager again.

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

Thanks ed. When i get it back from my dads car where i left it yesterday (AAAAAAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRRRGGGGGGGGGGG GHHHHHHHHHHHHHHH) I'll scan it in and send it u. It really only says what I typed above. Very similar to their pompous reply to the registry trust letter -we can do no wrong type thing.

Am going to have a look at the next steps today Not dropping this that lightly. Other banks too me thinks - we picked on Lloyds cause of the examples we had and cause of their failings in the regsitry trust issues, I think Abbey and Barclays could have more interesting responses.

[ed.]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

lol you are as bad as me.

Be interesting to see if the replies do differ bank to bank. TSB will keep fobbing off and probably only answer properly if you sent the same letter every week lol

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

hey if thats what it takes

[Amethyst]

Re: Open Letter to Lloyds re Social Inclusion and First right of appropriation

I am writing to you, as part of the Administration Team at the rapidly growing Legal Beagles Consumer Group, to request information about your banks current policy with regards to an individuals right of first appropriation.

I am aware of XXXXXXXX efforts to help consumers who have, through no fault of their own, suffered financial hardship. However, despite your undoubted efforts in the matter, I would like to raise some issues that seem to be tarnishing your otherwise impeccable reputation.

I am sure you are aware that an individual has the ability, under common law, to assert their right of first appropriation where money intended to cover essential living expenses are being taken by the bank in what may (by some) be considered unfair charges or in fulfilment of other debts.

This "right of first appropriation" allows a customer to assign any funds entering their account to finance basic survival needs. This is something all the banks should be aware of, but sometimes junior members of staff do not understand this process since it is not very often used. These occasions cause significant financial hardship.


You may also be aware that many council's recommend the use of an individuals right of first appropriation, with regards to allowing housing benefit and local housing allowances paid into an individuals bank account, to be used solely for paying housing rental costs.

It does appear from the council's that they too have experienced problems with some of the bank staff's knowledge of the law. Indeed Hinckley and Bosworth Borough Council in their advice leaflet on the use of the first right of appropriation clearly state '' Your bank may disregard this request. If this does happen you would then have to complain and involve the banking Ombudsman, which could take some time to resolve. ''.

I am aware that you have made several commitments via the banking code to act reasonably to debtors in poor financial circumstances, and of the ongoing discussions and evidence you have submitted to the Treasury Committee's reports on social exclusion.

Therefore, I would ask if you have any policies in place, or planned for the future, for tackling poverty, and for ensuring that your customers are able to access benefits such as housing benefit and jobseekers allowance where they are necessary to fulfil basic needs. I would also be interested to know what information , guidance and training your staff receive regarding an individuals right of first appropriation.

Whilst I am aware you are extremely busy I would ask you to acknowledge this correspondence as soon as possible, indicating when you will be able to answer the questions raised in this letter.


Yours Sincerely

Any comments (content, spelling and grammar) - this is intended for all the big banks CEO's.