AboutMike Weikle Expertise Banking Lender Liability; Insurance Coverage; Consumer Rights; Bank Fraud; Criminal: White
Collar Crime; Fair Debt Collection Practices Act; Directors and Officers Liability
Experience Commissioned National Bank Examiner 7 years; President of Two Community Banks; Division Claims Specialist for American Bankers Association Sponsored Insurance Program; Carter Member of the Bank Fraud Team of the Office of the Comptroler of the Curency "OCC" (National Banjk Examiners); Attorney previously representing FDIC and Resolution Trust Corporation as well as consumers and commercial borrowers in claims against the banking industry; Former Data Processing Systems Examiner for the OCC; Expert Witness on variety of banking issues in both state and federal court.
Education/Credentials Certified Public Accountant;
JD -- West Virginia College of Law - Order of the Coif
Data Processing Training Old Dominion Bank and IBM
Question QUESTION: I have moved from the state where my car loan is held and need a copy of the title in order to license & register the car. The bank says they won't provide this documentation because I filed bankruptcy even though I am paying the auto loan outside the plan and I am current with all payments. Is this legal?
ANSWER: Did you list the auto loan as a creditor in your bankruptcy petition? How was it treated in the plan? Send the bank a letter asking them by what legal or contractual right are they refusing to send you a copy of your title. And, if all you need is a copy of the title, why not request it from the Car Title records office of the state you previously lived. In Michigan this would be the Secretary of State's office. There may be more than one way to skin a cat, and you can do an end run around your former bank.
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QUESTION: The bank is listed in the petition and I'm paying it outside the plan. I also need a letter from the bank stating that they know I am using the title to register the car
Answer Send a letter to the State Agency that handles consumer complaints in the state where the bank is located and tell them what has happened. Send a copy of the letter to the Bank's President and CEO. I found this article on the internet that provides information that will be helpful to you.
After reading the article below call the Office of the Comptroller of the Currency ("OCC"). The OCC regulates national banks, however, they have a help desk that can assist you in filing a complaint with the agency that regulates your bank (FDIC, Federal Reserve or OCC). Please contact the OCC's Customer Assistance Group at 1-800-613-6743.
Other Bank Regulators:
Federal Deposit Insurance Corporation (FDIC) Complaint Information
If your problem concerns a State-chartered bank that is not a member of the Federal Reserve System, contact the FDIC:
FDIC Consumer Response Center
2345 Grand Boulevard, Suite 100
Kansas City, MO 64108
1-877-275-3342
You may also contact the relevant State attorney general or State banking department.
Links to State attorneys general can be found on the Web site of the National Association of Attorneys General.
The Conference of State Bank Supervisors Web site lists state banking department links.
Federal Reserve Board (FRB) Complaint Information
If your problem concerns a State-chartered bank that is a member of the Federal Reserve System, contact the Federal Reserve Board:
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
20th and C Streets, NW, Stop 801
Washington, DC 20551
1-202-452-3693
You may also contact the relevant State attorney general or State banking department.
Links to state attorneys general can be found on the Web site of the National Association of Attorneys General.
The Conference of State Bank Supervisors Web site lists state banking department links.
National Credit Union Administration (NCUA) Complaint Information
If your problem concerns a credit union, contact the NCUA:
NCUA
1775 Duke Street
Alexandria, VA 22314-3428
703-518-6300
Federal Trade Commission (FTC) Complaint Information
The Fair Credit Reporting Act covers complaints involving information in a credit report. First, contact the credit bureau that originally provided the information to the bank and ask for a copy of your credit report. Try to resolve the dispute with the credit bureau.
If unsuccessful, contact the FTC, which handles complaints about credit reports and credit bureaus.
FTC
Consumer Response Center - 240
600 Pennsylvania Ave., NW
Washington, DC 20580
877-382-4357
Office of Thrift Supervision (OTS)
Consumer Program Division
1700 G Street, NW
Washington, DC 20552
1-800-842-6929
consumer.complaint@ots.treas.gov
If your problem concerns a State-chartered bank that is a member of the Federal Reserve System, contact the Federal Reserve Board:
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
20th and C Streets, NW, Stop 801
Washington, DC 20551
1-202-452-3693
You may also contact the relevant State attorney general or State banking department.
Links to state attorneys general can be found on the Web site of the National Association of Attorneys General.
The Conference of State Bank Supervisors Web site lists state banking department links.
National Credit Union Administration (NCUA) Complaint Information
If your problem concerns a credit union, contact the NCUA:
NCUA
1775 Duke Street
Alexandria, VA 22314-3428
703-518-6300
Now read the excellent article below and you will be good to go forward with your complaint.
Member
By Sarah Wilson CCRP
User-Submitted Article
Article Rating: (6 Ratings) Entrance to West Croydon offices by Palcool2
One of the problems with banks, especially big chains, is that consumers have no ideas who to go to if they feel their bank is taking advantage. Banks can and do take advantage of consumers mainly with excessive fees. They also pick and choose which customers they will “help” and which ones they will let “drown”. Contrary to popular belief, it does not depend on your credit history, length of time you have done business with the bank or the amount of money you have in the bank. Sometimes decisions are made based on the bank manager’s likes, dislikes and preferences. The good news is that you can file a complaint against your bank and this article will tell you where to file your complaint.
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Difficulty: Moderately ChallengingInstructionsThings You'll Need:
Writing utensils –or -
Computer with Internet Access
Step 1
Find out who supervises your bank. To file a complaint against your bank, you need to know who the bank is responsible to. The old saying “everybody got a boss” is true and you need to find out who the boss is. You can visit your State Attorney Generals’ Office or Americans for Fairness in Lending website to help you figure out who supervises your bank or lending institution.
Step 2
File with all of the agencies. If you can not find out who your bank’s boss is, the Americans for Fairness in Lending Organization recommend you file your complaint with the Office of the Comptroller of the Currency, the Federal Reserve Board, and your State Banking Office. You should also file a complaint with your states’ Better Business Bureau.
Step 3
Write Congress. Send a letter to your Congressmen, Congresswomen, and State Representatives about the complaint filed against your bank. Let them know that predatory lending and excessive fees can no longer be tolerated and that you expect them to do something about it.
Step 4
Get your documentation. Have documentation ready to support the complaint you are filing against your bank or lending institution. Any good mediator will want to see documentation supporting your claims of unfairness and the complaint filed against your bank.
