First Right of Appropriation

NettyJD

Apologies if this question has been answered elsewhere, but how much is enough to ask for? I'm getting a little anxious.

I should get paid approx £1400 tomorrow, which will be swallowed up by an owing overdraft...

My essential payments are as below

Rent: 237.50
Gas/Elec: £58
Council tax and bill contribution (to my flat mate): £65

I also have car finance which I am currently a month in arrears on.. so owing on that will be from the 8th June approx £280. is it fair to ask for this money aswell, so I can catch up with that? (which I was intending to anyway before control of the bank account was taken away from me.

And then there's food and petrol??..... £200 for the month?

As for everything else, the CCCS will soon be taking over control....

Is £840 too much?

Please help.

Tixy

Hi Netty

I don't really know about right of appropriation but I think you could apply the principle that you should have enough to pay anything that is a higher priority expense that the overdraft. Therefore rent/secured debts, council tax, food, gas, elec, water rates, essential living costs, then they would come below these and rank with any other unsecured creditors. I would therefore think that £840 of £1400 is perfectly reasonable.

Have you set up a new basic bank account elsewhere for next months income?
Once you are on a DMP with CCCS (if thats what you are doing) I'm sure the banks monthly repayment share will be loads less than the (1400-840) £560 you will be leaving them with this month.

As I say just my thoughts, hopefully someone with more experience will be along soon.

RAS

Have you set up a new basic bank account to avoid this happening again?

NettyJD

Tixy and RAS, yes I've applied for a basic bank account elsewhere, however I did this online, and so waiting for the approval/paperwork... have only applied for a no frills electron account.

I wish I'd faced this earlier in the month, then I could have had my salary paid elsewhere... was living in denial I guess, and then they took my overdraft away from me - I knew my review date was up, just didn't think they'd be so brutal, to take away the whole £2800, as it's been at at least a £1500 limit since Oct 2001.

Will see what they say tomorrow. The guy I spoke to today was very helpful, and said that he could have had the payment due in tomorrow diverted, but I don't yet have another bank account in my name to nominate.

Tixy

Netty - if you don't get any more experienced advice I'd say don't leave yourself potentially really short of cash for the month ahead. I guess if you go in and ask for an amount they consider too large they will tell you. Better to ask for too much in case they try to reduce you down. Have they told you if you have to breakdown what you are spending the amount you want out on? If not why not ask for £1000 and still leave them with £400? Have you got other creditors you need to pay something to this month? (even if just a token payment).

NettyJD

Thanks again Tixy,

I suppose I could ask for more... all they can say is no right?

Definately going to get my wages sorted somewhere else for next month, don't want them to take all the overtime I've worked for!

I do have other creditors I will need to pay, and I haven't missed any of their payments so far (apart from the car HP this month), but thought that I should just leave the other payments now, as I will be contacting my creditors this month re the DMP.... This really has to be lesson learnt after this! As soon as the DMP is in place, I'm going to set myself a realistic target to be Debt Free!!!!!

NettyJD

They gave me £850, which will be OK, but I'm still frustrated and annoyed that I got paid the best part of £1500 this month, and they have just helped themselves to a payment of £650 towards my debt with them... My fault for leaving it too late in the month and not arranging for my salary to go elsewhere... oh well, I guess that means I have £650 less owing right?

vin2216

Can someone please help me with this? I feel suicidal, and dont know where to turn. I set up a new bank account to cover my basic DDs and asked for 2 of my benefits (I am disabled with 4 young sons) to be paid into this account. 1 did, 1 didnt, with the result the bank bounced all the DDs leading to charges of over #400 (sorry my pound sign doesnt work). I then tried to stop everything on the account but some creditors just reset it again without me knowing - leading to further charges - and although I asked the benefits people to not pay anything else in to this account, the payment still came in. This means the bank have taken all my DLA for the past 2 months and are refusing to acknowledge the "right of first appropriation", even though I keep being told about it. What can I do? The bank is adamant that this right is not legal. In the meantime I cant pay my rent and we've no food. I feel like slitting my throat. My poor kids.

Tixy

Hi Vin

I think you may have to give prior notice that you want to use you first right of appropriation before the money/benefits are paid into the account.
I would advise you try and speak to citizens advice bureau for advice on this and on being able to afford your bills etc. Someone mentioned on a thread a couple of weeks ago that a creditor can re-instate a direct debit if you owe them money and I expect that is what happened here. Someone at your bank will know about right of appropriation but maybe not just the regular counter staff/telephone staff.

Below is a link I found through google which may help you although it focuses on housing benefit it does say all benefits.
http://www.corby.gov.uk/SupportingDocs/docs.supporting.released.2008-3.21193.Corby%20%20right%20of%20appropriation.pdf

I am sorry you are having such a bad time with things. I think there is a crisis fund you can apply for a small loan to so you have money to buy food etc, which you then pay back interest free by having a small amount deducted from your benefits each week- I don't really know the ins and outs but might be worth looking into or maybe someone else here will be able to advise.