Chubbasdad v A&L - succesfully defended strike out application // discontinued claim

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

.....4 days to go. i am thinking of using my right of appropriation. just to stop them taking any charges from me. as i am on a very low income just £6 an hour. average take home weekly, is under £180.i do get wtc but i had that paid into a seperate po account some years ago, as the bank were taking that money to pay failed dds, charges and the like,when i was going through my divorce.can i use these arguments as part of my fairness line with the new pocs im working on?

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

That the bank were taking money from you whilst in hardship despite you keeping them informed and doing everything in your power to avoid the charges....yes you can use that.

FROA (first right of appropriation) you can try it if the bank are due to take some charges which will leave you without enough for essential living expenses. I don't know A&L (Santander's) attitude of FROA. You know how to do it ? Seven days before with a list of what you need to appropriate the money for, how and when you will withdraw the money if it isnt to pay a bill through your account (by DD / Cheque etc) ? It is also best to take it IN to the branch rather than post as it just sits in the post room for days and gets looked at far too late to have an effect.

The charges will still be taken they will just be delayed.

You are far better (unless it is a matter that you wont be able to eat/heat etc if they take the charges) to contact the bank about hardship situation - cancel DD's and go back to paying direct/paypoint etc for bills.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

i already use pre pay meters for gas and lecy. i draw money every friday to pay for petrol food, water, rent and council tax.my tv lic, child trust funds, contents insurance,loan, are all dd.my car ins is a one off payment each year.mot is a one off ( if i can afford it ) . everything i can do i have done.the bank didnt want to entertain my hardship claim when i approached them. they said i had money to spare but wouldnt elaborate on the formula they used to asses it.i am just looking at making life difficult for the bank and with the position im in at the moment i thought of having a rolling 3 month appropriation.i dont know.......am i making work for myself?

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Appropriation should only be used where you have no choice and HAVE to have the money they will otherwise take for charges to survive.

We can look again at your hardship if you like.

they said i had money to spare but wouldnt elaborate on the formula they used to asses it

Do you have an income expenditure sheet ? I can look it over tell you where they will find excesses if you like.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

sure im working on it today.i will bung it to you as soon as im finished if you like.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Nice one - if you look in the hardship forum there is a blank version of the Common Financial Statement - that is the best one to use. I'll grab a link for you.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Legal Beagles EXCEL file. Save to desktop, then open excel, then open the file within Excel.


If you are interested in FROA there is a lot of reading and research First right of appropriation issues - Legal Beagles which you might find useful.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

i have done this form at the min have a gigle with me lol. ..........how the hell we do this i dont know....as i said before we rob peter to pay paul most weeks and just about stay above water.
Income and expenditure form
Income and expenditure form
No of people in house 5 No of children 3 Ages 16, 5, 2
Net weekly wages £ 180.00 weekly/monthly expenditure
Average wages £ 00.00 Mortgage/rent £ 374.04
Average wages £ 00.00 Secured loan £ 47.80
Maintenance £ 00.00 Endowment/life ins £
Other income £ 00.00 Buildings/contents ins £ 7.58
Total 1 £ 180.00 Water charges £ 100.00
Gas £ 60.00
Benefits £ 65.00 Electricity £ 60.00
Child Benefits £ 46.25 Council tax £ 50.00
Family Credit £ 139.00 TV licence/rental £ 12.12
Income support £ 00.00 Telephone £ 24.18
Other benefits (state) £ 00.00 Fines £00.00
£ Housekeeping £ 520.00
£ Cigarettes/alcohol £ 80.00
£ Prescriptions/dentist £
£ Clothing £ 40.00
Total 2 £ 250.25 Child care ( ctf ) £ 10.00
Total Income: A Maintenance £ 00.00
1+2 £ 430.25 Meals at work/school £ 00.00
Public transport £ 00.00
Priority arrears payment Car insurance (year ) £ 148.60
Road tax (year) £ 200.00
Mortgage/rent £ 400.00 Petrol/repairs £ 150.00
Secured loan £ 00.00 Hire purchase (cooker television corner unit.) £ 139.00
Endowment/life ins £ 00.00 next store, little woods store, credit card . £ 160.00
Buildings/contents ins £ 00.00 £
Electricity £ 00.00 £
Gas £ 00.00 £
Water charges £ 800.00 Total B £ 2183.32
Council tax £ 00.00
Fines £ 00.00
Hire purchase £ 459.00 Total income: A £ 1721.00
Telephone £ 00.00 minus
Total C £ 1659.00 Total expenditure: B+C £ 3842.32
= £-2121.32
available income for creditors £ 00.00
------------------------------- merged -------------------------------
erk cant attch the file and it didnt paste correctly ...........sorry

[Tools]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Can you email the file to admin@legalbeagles.info please

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

sent the email to adim@legalbeagles.info but think im gonna have a return again.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Have you checked Child Tax Credit and Working Tax Credit - I see you have put family credit - is this made up of elements of both ?- from what I can work out you should be getting about £40 Working Tax and full £139 Child Tax credits ? But my working out of net to gross income isn't great (have gone on £220 gross) - double check it on Start Calculation
- also shows you could get Council Tax partial benefit £8 week and £80 housing benefit (or LHA if u are in private rented) weekly. (wasn't sure what the figure Benefits £65 was for?) Worth looking at anyway as obviously depends entirely on your own circumstances. I know when I do my own circumstances on there it shows I SHOULD be getting a £353 each week and actually get £179 lol. Stupid thing.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

the 65 benifits is rent and council tax.yes my gross is 220 ish but that is a rare figure, as i normally get 4 days or less at work.i thought i better show the top figure.my child and working tax are correct as you see it (family credit).my rent is a reduced figure, as i have an over payment of benifit to contend with.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

thanks, always worth double checking these bits.


KK

RENT - how much is your actual rent bill each month ?

how much is your awarded housing benefit weekly ?

how much are you repaying (even at source) to the overpayment each month ?


Water - does the £100 include a payment towards the arrears ? if so how much (ie whats the normal bill)

Hire Purchase - how much of that payment is towards the arrears ?

Littlewoods / next / c/card - how much outstanding on each, and how much paying each ?


Theres nothing flags up outside allowances - (ie Housekeeping, Travel, Telephone)

Although you do have a credit balance at the end of each month (disregarding non-priority debts - water & store cards/credit cards) - it's only £15 but I suspect that is why you havent gotten through on hardship grounds with the bank. (YES that is completely stupid and wrong but is does seem to be how they work and that because you have a credit balance each month they can carry on charging you what they like - wish banks would realise they are nonpriority debt as well) but give me the figures above and I'll amend the sheet and send you a copy on email to use/amend etc.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Slight detour there from the claim

Which day is court ?

You might want to take a copy of the Supreme Court judgment press summary with you.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

im in court this thursday at 2.20pm. have arranged the day off so am losing a days pay to attend.am looking for the sc press release now.