FACTS
Failure of NCUA to pay claim
and
Improper Investigation
of
fraud loss claim

First posted
Tuesday August 18, 2009 12:51
Updated
Friday August 28, 2009 14:51


Friday August 28, 2009 14:50


http://www.prosefights.org/nmlegal/ncualove/facts2.htm#facts2




FACTS
Failure of NCUA to pay claim
and
Improper Investigation
of
fraud loss claim

INITIAL RESPONSE LINES.

1. Elements of a published NCUA Credit Union complaint include, according to Supervisory Committee Guide for Federal Credit Unions:

A. Receipt of complaints. A member may complain either directly to you or, as frequently happens, to the National Credit Union Administration (NCUA). NCUA will normally refer the matter to you. It will request that you investigate the complaint and furnish the NCUA regional office with a written report. The regional office then sends the member a final response letter. Investigation of complaints. Regardless of how the complaint is brought to your attention, it is suggested that you follow these general steps when investigating the complaint (not necessarily in the order given.)

(a) Read the complaint letter. Briefly outline the areas of complaint and questions asked by the complainant.

(b) Determine the appropriate type of investigation.

(c) Interview the complainant, if possible. A personal interview with the member is preferable. If you are able to interview the member:· Conduct interviews in private.

· Be careful not to express an opinion as to the probable validity of the complaint.

· Conduct discussions in a courteous and professional manner. Convey a sincere regard for the member’s concerns.

· Keep an open mind. Some statements made by the member may not be valid, but they do not disprove his/her entire complaint. The member usually knows little of the internal operation of the credit union, or standards of credit worthiness.

· If the complaint is routine or simply a disagreement, inform the member that they can resolve it directly with credit union staff.

(d) Review the complainant’s credit union file.

(e) Review pertinent written credit union policies and procedures, and determine their compliance with applicable credit union laws and regulations.

(f) Review pertinent unwritten procedures (i.e., practices observed by the credit union).

(g) Interview appropriate credit union officials and/or employees.

(h) Review several loans, if necessary, to determine the actual practices of the credit union and how they relate to the complaint.

(i) Determine the validity of the complaint.

· Do not rely on the credit union’s manager or employees to do the investigation for the committee. You should obtain all information firsthand, where possible. Try to determine what actually happened, rather than obtaining various versions of what happened.· You should not initiate a joint meeting between the complainant and the credit union officials as a means of resolving disputes or expediting the investigation. This is often counter-productive and may intimidate the complainant. You act as a liaison between members and management when disputes arise.

· Remember that no one likes to be investigated. Credit union officials and employees will often be defensive and complainants may also be antagonistic. You will need to be very skillful and tactful in obtaining the necessary information without alienating any of the parties involved.

j) Work with the officials to develop plans to correct any improper, unfair, or discriminatory practices, if applicable, or make appropriate recommendations.

k) Have corrective action implemented or obtain agreements from appropriate credit union officials and/or employees they will make corrections within a specified time.

l) When applicable, prepare and submit the written report to NCUA’s regional office. Write the report in a clear, concise, and factual manner. NCUA will usually send the report to the complainant as part of the regional office’s final response to the individual.

m) If the complaint was made directly to the committee (and NCUA is thus not involved ), prepare and submit a written response to the member.

n) You should maintain a file of all complaint resolutions.

TRUE _______

FALSE ______

2. I have read and initialed 6 acknowledgments of FACTS in NCUA fraud loss claim.

TRUE _______

FALSE ______

3. Essential element of determination of whether NCUA pays loss claim or not is

(i) Determine the validity of the complaint.

TRUE _______

FALSE ______

4. Attachment to

seen below

is unsigned and does not inform of us our right to appeal.

TRUE _______

FALSE ______

5. Attachment to

seen below





contains the material false statement
In addition, we provide insurance on deposits in federally insured credit unions in the event of a credit union failure; however, we do not provide the type of insurance you state in your email. You cannot file a “fraud loss” claim with us.
in view of:

Title 12 Chapter 14, Subchapter II, § 1781.
Insurance of member accounts


(4) to provide protection and indemnity against burglary, defalcation, and other similar insurable losses, of the type, in the form, and in an amount at least equal to that required by the laws under which the credit union is organized and operates;

TRUE _______

FALSE ______

6. Narrative below with mp3 recording

Ms Jean Dixon who apparently works Ms Lay said that the above prima facie evidence is insufficient to prove fraud loss. Again with no report to justify this statement.

Ms Dixon of NCUA Region 5 said that our appeal will not be properly handled by Ms Melinda Love.

Ms Dixon said that Ms Melinda Love would merely return it to Ms Lay. We feel that this would be improper.

You can listen to Ms Dixon telling us this http://www.prosefights.org/nmlegal/unsigned/melindalove.mp3 on Friday, November 21, 2008.
attests that any appeal of action taken is section 4 above would be improperly processed by NCUA Region 5 and, therefore, voids informal resolution procedure.

TRUE _______

FALSE ______

7. Elements of informal resolution of problem seen in 1 do not supercede NCUA obligation of law specified in Title 12 Chapter 14, Subchapter II, § 1781.


TRUE _______

FALSE ______

8. Ms Kelly Lay did not follow rules in evaluating truth or falsity of claim but rather allowed Sandia Federal Credit Union to deny the facts see in FACTS in NCUA fraud loss claim.

TRUE _______

FALSE ______

9. Ms Kelly Lay did not rule on the truth or falsity of the fraud loss claim covered under Title 12 Chapter 14, Subchapter II, § 1781 so her determination is void.

TRUE _______

FALSE ______

10. Ms Kelly Lay did not follow the rules for informal resolution seen in 1 so here determination is void.

TRUE _______

FALSE ______


11. Ms Kelly Lay failure to sign document seen in 4 and 5 voids here initial informal determination

TRUE _______

FALSE ______

AFFIDAVIT

State of Arizona
County of ________________

BEFORE ME, the undersigned Notary, ___________________________________________________ [name of Notary before whom affidavit is sworn], on this _________________ [day of month] day of _________________ [month], 20____, personally appeared Jane Walters, known to me to be a credible person and of lawful age, who being by me first duly sworn, on her oath, deposes and says:

I verifiy that my above responses to questions of 1-11 are true to my best knowledge.


__________________________________
[signature of affiant]

Jane Walters
National Credit Union Administration
1230 West Washington Street, Suite 301
Tempe, AZ 85281

Subscribed and sworn to before me, this _________________ [day of month] day of

_________________ [month], 2009.

[Notary Seal:]






__________________________________
[signature of Notary]



__________________________________
[printed name of Notary]



NOTARY PUBLIC

My commission expires: ________________, 20____.