Please Help CCA request turn down

[spore33]

tell me about it when I ask the bank I was been told the check was a stolen check that they have to return back to the right owner.

[cerberusalert]

I'm suprised that the police haven't been in touch with you regarding the 'stolen' cheque! If not, you really should report it yourself, if only to cover yourself in case of any future unpaid tickets. Have you been in touch with your insurance company with regards to the car being stolen (assuming it was insured)?

[The GodMother]

well if they cheque was stolen then from what i understand you defo are not responsible for the charges or the money being paid back. I thing you need to go to the police and speak to a solicitor.

[The GodMother]

something still feels wrong about this to me.

 

The cheque was stolen and the police not involved. I dont claim to know everything but that to me sounds wrong.

 

I assumed that if the bank thought there was some type of fraudlant activity they would have got the police involved straight away.

 

My advice to u is change banks as they dont sound like a good bank.

 

What bank is it so i know to stay well clear of them.

[spore33]

Im not even so much worry about the money being pay back or not bc is over a year now I just want to move on,what is making me going mad is when I request for the CCA, the bank told me they are not obliged to send me a copy bc there were history of fraud.

 

As pt2537 said (theres no section in the consumer credit act which says " a creditor may with reasonable cause refuse a request under section 77 or 78") that is what im standing on at the moment.Im waiting for pt2537 or any one else in the forum to draft me a letter to send to those thieves

[pt2537]

can i be a real pain, and ask if possible, could you post a copy of the letter they sent you in response to your cca request.

 

if not could you type it up, that way we can compose a reply tailored to the letter they sent you

 

obviously removing all personal details first

 

Regards

paul

[spore33]

Thanks Paul for your advice I have been trying to attached the copy of the letter but I don't know how to,that is why im just writing what is on the letter.

 

I confirm that as your account is now registered as fraud, we are not obliged to provide you with a copy of the agreement requested under the Consumer Credit Act 1974 section 77-78.

 

Please find enclosed Postal Order for £1.00

 

Yours sincerely

 

sarah smith

senior payment Advisor

HFC Bank limited

[ScarletPimpernel]

Banks and other financial institutions often don't involve the police when they are defrauded, because they do not wish their (rather over-inflated) reputations to suffer. In any case, they aren't the victim - their customer is.

 

I worked for a company that lost tens of thousands because of a fairly complicated [problem] involving insurance sales and company fraud. We went to the police, and in the course of the investigation evidence was found to suggest that one of the credit card merchant services had lost almost £3m; the company were aware of it, but did not wish to co-operate with the investigation because they were desperate to keep the facts about how easily and how often the [problematic] had taken their money out of the media.

 

In Spore's case, I'd be inclined to remind the bank that there is no lawful excuse for failing to comply with his request, and then call their bluff with the fraud thing by asking them to confirm the name and station of the police officer dealing with the matter.

[pt2537]

Dear Mrs/Ms Smith

 

Re ACC NO xxxxxxxxxxxxxxxx

 

Thank you for your letter dated xx/xx/2007 the contents of which are duly noted.

 

I draw your attention to the fact that the Consumer Credit Act 1974 provides that a consumer may request under section 77 or 78 a copy of the executed credit agreement for their account providing payment of the statutory fee of one pound is made

 

On the xx/xx/2007 i wrote to your company requesting that you provide a true copy of the credit agreement for the account numbered above pursuant to the Consumer Credit Act 1974. I find no provision within the Act for a creditor to refuse to comply with a statutory request from a debtor, therefore i draw your attention to the fact that my request was recieved by you on xx/xx/2007 and you have/had til xx/xx/2007 to comply. Im sure you will be aware that should a creditor fail to comply with a statutory request under the provisions of 78(1) Consumer Credit Act 1974 within 12 working days as laid down in Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) the debt enters default and s78(6) Consumer Credit Act 1974 states

6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

 

and

 

 

(b) if the default continues for one month he commits an offence

 

 

therefore i respectfully request that you supply me the documentation that i requested. i enclose the one pound fee you returned.

 

should you refuse to comply i will make a formal complaint to Trading Standards requesting the take enforcement action against you

 

Should this account enter into default / also while this account is in default (edit to suit) i will not be making any further payments until you comply

 

please supply the requested information in 7 or 14 days

 

 

I look forward to your reply

 

 

edit to suit, it should make them take notice. i have been extremely busy today so i have not had a chance to proof read this so i would read it through and amend the bits you find that need it

 

i hope this helps,

 

regards

paul

[spore33]

Thanks Paul for your quick reply

[PriorityOne]

If they are saying that your account is now registered "as fraud" and they are not obliged to provide you with a copy of the CCA (which IMO is bowlarks), then equally, you should not be obliged to make any payments on an account that the allege to be fraudulent. They can't have it both ways....

[spore33]

that is true PriorityOne ,I think they don't have the copy of the CCA and they are trying to find a way to avoid sending me a copy.We all knows the way these Banks are. especially HFC

[spore33]

Cheers PT

Im going to post offfice now to send HFC the letter,then wait for their reply.

[pt2537]

good luck, not that you will need it of course:D