Would this be a possibility?

[FU-UU]

In relation to requesting a CCA and that you can prove that the £1 was cashed and they failed to comply within the legal time-scale, would that not clearly come under section 3 of the fraud act 2006?

 

The full document can be read at http://www.opsi.gov.uk/ACTS/acts2006/pdf/ukpga_20060035_en.pdf but i'm only concerned with section 3 which reads (as follows) ..

 

3 Fraud by failing to disclose information

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is

under a legal duty to disclose, and

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

 

In fact the more i read that document, the more i see relevant points pertaining to said breach.

 

Any thoughts?

[rory32]

In relation to requesting a CCA and that you can prove that the £1 was cashed and they failed to comply within the legal time-scale, would that not clearly come under section 3 of the fraud act 2006?

 

No certainly not. Not being able to supply a copy of the agreement does not mean that no debt exists, it just means that the debt is unenforceable.

[FU-UU]

So if they cashed the pound and then don't supply you the agreement as prescribed by law and within the time-frame then does that not come under part (i)?

[rory32]

No the fee is an administrative charge. They can always produce a copy of the agreement after the time frames and again enforce the account. What they do with the fee really is of little relevance.