Denied Access to Interweb Banking?

[the_shadow]

Couple of things that may help you when you right a response to this....

 

 

1) Banking Code, not enforced but its a code of practice all lenders sign up to.

 

2) Unfair Terms in Contracts Regulations... as the Banking code is a code of practice, if they break it they fall foul of the UTCR's. Also it must surely be unfair for the lender not to allow you access to see how far behind you are and how to recover the position, why should you take what they say on face value if you cant see it in black and white on a screen.

 

3) OFT debt collection guidelines... generally dont come into play until a default situation occurs but its worth quoting still.

 

This is an excerpt from a letter I wrote crapone about registering adverse data but it shows how to use the code and the regs....

 

your organisation is in serious breach of the Banking Code and as such are in breach of Consumer Protection from Unfair Trading Regulations 2008, specifically Regulation 5 which states:-

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

 

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of

conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of

conduct

 

The Banking Code that you are a signee of clearly states you must cease reporting the status of this account as behind on payments to all Credit Reference Agencies where the amount is disputed, I quote:

 

“13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed”

 

 

 

 

 

 

S.

[the_shadow]

Good start guys. Here is another interesting point to bear in mind: -

 

After recent (few years ago) consumer legislation you will no doubt be aware that all financial firms have to send a letter which cap one call a 'notice of default sums'. This letter is usually sent as well as the statement and it mentions how much you have been charged & for what reeason & when they are allowed to start charging interest on the late payment charges etc.

 

The ironic thing is you don't receive one of these in the post if you are over your cred limit, you get told in an e-mail that you have a received one but when you try to access it on the online portal you can't!

 

The whole point of these letters is that they raise to the consumer the cost of being behind on payments or over cred limit but if said consumer cannot read them what is the point!

 

Its ALWAYS been the case a default notice is required to enable the creditor to take things a further stage.. i.e. sell the debt or take the debtor to court...

 

If the scenario you posted above is correct then if they were to terminate the agreement and sell on the debt or take you to court then they have unlawfully rescinded the contract due to not delivering a default notice at all let alone a cca1974/2006 compliant default notice.

 

S.

[the_shadow]

Know what you mean but I wasn't talking about that sort of Default Notice.

 

I meant the separate letters that started coming in addition to the statements in 2008 ish. I didn't think these letters tarnish your credit file like the Default notice you refer to (apart from the tarnish from the actual late payment/overlimit charge).

 

As far as I was aware they were introduced to inform the consumer more about charges?

 

Cheers

 

Ah right, the default charges notice, yep the CCA2006 regs stated you have to be given these if they are to charge interest on any charges, also annually they must send you a statement and if they dont the interest gets wiped for that period they dont comply.

 

S.