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Santander just cleaned us. HELP

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Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Where i work, we aren't allowed to use benefits to pay against an overdraft, we have to allow the customer access to whatever benefits they get. Would imagine most banks take the same stance.
  • Snowedunder
    Snowedunder Posts: 200 Forumite
    Well, at least in the past Halifax certainly did not!! because of disability and death of my daughter, I was receiving benefits including Child Benefit and I took Halifax to Court, and won over charges. They instantaneously withdrew my overdraft facility and kept all of my benefits for 2 whole weeks!! I was reduced to going in branch and begging on my knees to the manageress, who told me to get up, stop making a fool of myself and get out - all I wanted was £10 from my benefits because I am diabetic!!.

    Benefit offices require at least 7 days notice to make changes to their payment section.
  • falko89
    falko89 Posts: 1,687 Forumite
    Well, at least in the past Halifax certainly did not!! because of disability and death of my daughter, I was receiving benefits including Child Benefit and I took Halifax to Court, and won over charges. They instantaneously withdrew my overdraft facility and kept all of my benefits for 2 whole weeks!! I was reduced to going in branch and begging on my knees to the manageress, who told me to get up, stop making a fool of myself and get out - all I wanted was £10 from my benefits because I am diabetic!!.

    Benefit offices require at least 7 days notice to make changes to their payment section.

    That is truly shocking. Scum of the earth.
  • MonkeyMad
    MonkeyMad Posts: 421 Forumite
    edited 18 March 2012 at 1:34PM
    Yes, you can request right of appropriation, but the OP didn't. The fact remains that unless you have instructed them otherwise by making the right of first appropriation, the bank has the second right and will make payments in whichever order they wish ie benefits are not earmarked specially unless you make it so.

    Since that right had not been exercised, the bank was acting entirely correctly in assigned the monies to their overdraft. The fact that some may have got it back is down to their goodwill. If you had told them previously that you wished to allocate the money that would have been different but you didn't do that did you?

    It will also be incumbent upon the claimant to appropriate all funds moving through the account, else the right will lapse.
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