Pending payments causing account overdrawn

dazzer1467
dazzer1467 Posts: 78 Forumite
edited 1 June 2014 at 3:09PM in Budgeting & bank accounts
Hi all,Hoping you can help me,I ordered my shopping with Asda and when i ordered it came to £91.92,On the day of delivery (29th May 14) the actual order came to £92.77,Asda made 2 pending payments for me order (1 for £91.92 and another for £92.77),this caused me to go overdrawn by £30,I planned to have £60ish pounds left after the shopping for other bills (amounting to about £50),rang Asda and santander (my bank) several times over the next 2 days to get it sorted and finally on Friday (30th) got the second payment returned which returned my balance to +£60......problem solved....or so i thought,Checked my balance this morning and am now -£91.55,I immediately knew who the culprit was and so started the process of getting this pending payment removed again (statement shows asda took £92.77 dated 02/06/14,im assuming its tomorrows date because of today being sunday) however the banks dept that deals with it is closed until tomorrow,Asda have done all they can do (they have faxed santander telling them to drop the pending payment) but santander wont action that fax until tomorrow (at the earliest)

My main concern is that my sons child benefit goes in every Monday and is going to be swallowed up by this -£91.55 until its sorted,also his child tax is due on Wednesday and that would also get swallowed up by the overdraft,I have heard of first right of appropriation but have read that the bank has to be informed 7 days before the payment is due,Can i use this right by going into the bank tomorrow and withdrawing it because the law says child benefit is "inalienable" ? or do i just have to wait until bank pull their finger out (we have no money to our name and wont have any until next Monday (9th) if this continues)

Any help greatly recieved,sorry if its disjointed or confusing,happy to answer any questions
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Comments

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think your available balance is showing overdrawn because of 2 pending transactions.
    There was another similar thread about this recently.


    Why not use a credit card for shopping as there is always a possibility of this happening if you are using a debit card with a low account balance.
  • dazzer1467
    dazzer1467 Posts: 78 Forumite
    My credit rating is shot to hell so a credit card is out of the question (I can't even get the one for the worst of the worst)?and I'm currently unemployed so have been advised my CAB not to pay anything to any of my debts unless I can pay the same to all of them (none of debts are "priority" ones).


    Do you have a link for the similar post please?
  • Consumerist
    Consumerist Posts: 6,311 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 June 2014 at 5:10PM
    A pending payment does not put you into overdraft; it merely warns you if you are likely to assume your actual balance is all available for you to spend.

    Normally, Asda would call only one of the payments and the other will be cancelled. All they want to know is that there is enough money in your account to cover your expenditure with them.
    >:)Warning: In the kingdom of the blind, the one-eyed man is king.
  • dazzer1467
    dazzer1467 Posts: 78 Forumite
    A pending payment does not put you into overdraft; it merely warns you if you are likely to assume your actual balance is all available for you to spend.

    Normally, Asda would call only one of the payments and the other will be cancelled. All they want to know is that there is enough money in your account to cover your expenditure with them.

    Yes I understand that but they are not entitled to the money that is currently pending,it shows they have recieved a payment,I know that overall the payment will drop and I wont be out of pocket however money is extremely tight and we live payday to payday (like most people on benefits I assume),however this isnt my fault (and yes i know its not the banks fault either) but it is my son that has to suffer because he/we have to wait 3+ days to get money we are entitled too because of a mistake by Asda,No-one is going to be out of pocket,Asda have the money they were owed and I/we get the child benefit we are entitled to,

    My main question was about the "right of appropriation" and if it is applicable,If it isnt what else can i do ?
  • Hominu
    Hominu Posts: 1,671 Forumite
    dazzer1467 wrote: »
    Can i use this right by going into the bank tomorrow and withdrawing it because the law says child benefit is "inalienable" ? or do i just have to wait until bank pull their finger out (we have no money to our name and wont have any until next Monday (9th) if this continues)

    You can withdraw without going into the bank and quoting the right, just withdraw it as normal after it's gone in. You may however be charged by the bank for doing this as it may be considered a "formal request for overdraft or extension to overdraft". Check your bank's T&Cs to be sure.
  • Consumerist
    Consumerist Posts: 6,311 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dazzer1467 wrote: »
    Yes I understand that but they are not entitled to the money that is currently pending,it shows they have recieved a payment, . . .
    It shows that they will be calling for a payment - not that they have received anything.
    >:)Warning: In the kingdom of the blind, the one-eyed man is king.
  • dazzer1467
    dazzer1467 Posts: 78 Forumite
    Hominu wrote: »
    You can withdraw without going into the bank and quoting the right, just withdraw it as normal after it's gone in. You may however be charged by the bank for doing this as it may be considered a "formal request for overdraft or extension to overdraft". Check your bank's T&Cs to be sure.

    How can I withdraw it when my available balance will be -£71?.
  • dazzer1467
    dazzer1467 Posts: 78 Forumite
    It shows that they will be calling for a payment - not that they have received anything.


    I can prove they have already received payment for the order,they are not entitled to "call" for any payment let alone receive anything.
  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You'd also be best opening a second basic account with an unrelated bank and getting your benefits paid into that. Then you can live off the first account (transferring money between the benefits and the first account if needed).
  • dazzer1467
    dazzer1467 Posts: 78 Forumite
    krisdorey wrote: »
    You'd also be best opening a second basic account with an unrelated bank and getting your benefits paid into that. Then you can live off the first account (transferring money between the benefits and the first account if needed).


    If it was a recurring problem then I would however it is a one off that hopefully wont be repeated,Im just looking for advice about what to do to have access to money im entitled to while asda have a hold over money they are not entitled to.
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