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Has anyone attempted to use the Theft Act?

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Under the Theft Act 1967/ 1978 the definition of Theft is the intention to permenantly deprive of property, including money.

 

Further to that, if we can establish that the banks have DISHONESTLY taken money from an account, we can hit them with ss 15 of the Theft (Amendment) Act 1996 and take civil action against them.

 

Any one tried this?

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It's no doubt been looked at.

But the fact that nobody is going down that route indicates to me that there are too many loopholes to make it stick.

 

If there was any chance that it would work, then everyone would be doing it, instead of the procedures that we are advocating.

 

Regards, Rooster.


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what about obtaining money by deception?

 

the deception being that the banks state that the charges are proportionate to their costs


post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Is it due to the fact that Theft and deception are criminal offences as opposed to what we are claiming that are civil offences.

If that is wrong please hit me with something:o

 

AL

Happy New Year


-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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and for a criminal offence of this nature i think you have to name someone and prove intent.

 

SO whilst you may argue its possible its going to be very difficult plus the burden of proof is higher for criminal claims than for civil claims.

 

HTH

 

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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they would say that its in your contract and therefor not theft/deception etc (as in contract doesn't state that the ammount is proportional to costs) therefor it just comes under unfair contracts

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Hi blacksheep that's correct but if we get one of these buggers into court & they lose (as we fully expect them to) yet they continue to impose their unlawful charges that could be a whole new ball game as far as criminal intent is concerned

 

Glenn It would be upto the investigating authorities who would be charged with any offence

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The problems with taking criminal action against the bank are summed up in three words: "beyond reasonable doubt". We simply can't make it stick.


HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Precisely

 

Proof in cominal law is "beyond reasonable doubt" whereas

in civil law it is based upon "the balance of probabilities".

 

Happy New Year

 

Maranatha

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