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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Credit solutions Phone calls -Advice please


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My late mother's 2nd husband rang me tonight, he's been getting telephone calls from CRS 01422431020 leaving him messages for me to get in contact with them for a month now.

I have never lived at his address. I have no idea how they got his telephone number. He has suffered from severe depression since my mother died 5 years ago and I am furious at whoever has started harassing him :-x

 

The only clue I have is a reference number they gave him WESCNW which makes me think this has been instigated by Wescot Credit (the original DCA that were chasing me for the money Paypal lost http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/189247-nco-paypal.html

and NCO/ P Brown are now trying to get from me.

 

Any advice (apart from paying out money for goods I never received!!)

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Credit Resource Solutions 08707355333 01422431020

 

CREDIT RESOURCE SOLUTIONS LIMITED

46 PRESCOTT STREET

HALIFAX

WEST YORKSHIRE

HX1 2QW

Company No. 04690879

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Credit Resource Solutions 08707355333 01422431020

 

CREDIT RESOURCE SOLUTIONS LIMITED

46 PRESCOTT STREET

HALIFAX

WEST YORKSHIRE

HX1 2QW

Company No. 04690879

 

Thank you, is there an example letter that I should write or should I just let rip? :-x

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You'll get more help in the debt collector's forum (I have flagged a moderator to have your thread moved), but the following should have the desired response:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

Carpe Jugulum

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Thread moved.This is quite disturbing and you shouldnt put up with it.I will retitle your thread also.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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How much money are you talking about?

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Thank you for moving this to the appropriate forum :)

 

Depending on if it's paypal (£440) or NCO (£624) - I have no idea how much CRS will demand!

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Your late mothers 2nd husband can do without the hassle, Credit Resource Solutions Ltd, are listed as call centre activities, I would be tempted to give them a call in this instance. Try not to give them too much information, but I think you need to find out who is chasing you.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Here is a 'prove it' letter ..

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

After that , perhaps a statute barred letter . I believe a statute barred letter should always be sent in the unlikely event that they can prove the debt is yours . It isn't really a case of wether it really is or not statute barred , but wether they can prove it isn't . If they pass the prove it and SB letter test .. then it is onto the usual cca request etc . Do not send them ( SB /prove it) out at the same time , it is all about procrastinations and finding out what they know (before you commit yourself to fighting them , or to see if they are worth fighting ) .. and drawing them into making mistakes you can make complaints about at a later stage . A constant barrage of complaints is a good terror tactic to use on unsuspecting rearguard office staff , they want you to deal with their telephone monkeys . Instead you are plaguing them , and they don't like it .

Edited by Percival Wigglesbottom
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It's a phenomenally BAD idea to phone ANY dca unless you are extremely confident on the phone.

 

It is VERY easy to be bullied, brow-beaten, intimidated or LIED to.

 

If you are not 100% in control all the way throught the conversation, it can leave you feeling rotten for hours, and I, personally, don't recommend it.

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Carpe Jugulum

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It's a phenomenally BAD idea to phone ANY dca unless you are extremely confident on the phone.

 

It is VERY easy to be bullied, brow-beaten, intimidated or LIED to.

 

If you are not 100% in control all the way throught the conversation, it can leave you feeling rotten for hours, and I, personally, don't recommend it.

 

Sorry, it is not a phenomenally BAD idea in this instance. The OP's elderly relative is being harassed by a call centre on a fishing trip.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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I think bigeggs point was that there are better ways to do it-and keeping things in writing is the best way.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I think bigeggs point was that there are better ways to do it-and keeping things in writing is the best way.

 

I agree, but using what home address? He could use his step fathers, but that would invite problems for his stepfather, or he could use his own, that would give them the information that they seek. I believe he needs to find out who is chasing first.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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Yes I see your point.

They are breaching OFT guidelines if they fail to make it known what the debt is for and the nature of their interests.....and also of course who they are.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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And yet they are breaching Data Protection if they do... (To the step-father, that is).

 

I, personally, would treat these calls the same as any other "nuisance" call - report to BT & police -

Don't get involved in any sort of dialogue unless they get your correct address. (but don't give them it!)

Carpe Jugulum

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First off, I have to thank all of you for the advice - it's fantatic that someone can come here and get this much help!

 

And yet they are breaching Data Protection if they do... (To the step-father, that is).

 

I, personally, would treat these calls the same as any other "nuisance" call - report to BT & police -

Don't get involved in any sort of dialogue unless they get your correct address. (but don't give them it!)

 

 

I would like to follow this initially, how do I start this course of action? Is there a procedure?

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  • 1 month later...
First off, I have to thank all of you for the advice - it's fantatic that someone can come here and get this much help!

 

 

 

 

I would like to follow this initially, how do I start this course of action? Is there a procedure?

 

Sorry for delay in response, life has got away from me recently...

Give BT a ring on 150 from a BT landline, tell them you're getting nuisance calls.

Then phone your local plod (there's an 0845 number for "non-emergency" problems) and tell them the same.

 

Someone on here (cheekiness towards DCA thread, I think) recommends answering the phone with:

 

"Good Morning, BT telephone harassment investigation department, please give me your full name, which company you work for, and your company address".

 

They usually hang up after the word"department" and you never hear from them again (allegedly).

Carpe Jugulum

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