Jump to content


  • Tweets

  • Posts

    • If it is MCB    National Fraud Database Members | Preventing Fraud Losses | Cifas WWW.CIFAS.ORG.UK A range of organisations use the National Fraud Database to share data on confirmed fraud cases, preventing over £1 billion in fraud losses every year.   They are on the register  
    • Hi @LilMissM   I guess you could call me our resident CIFAS Specialist - Personally have been through all of what you have and now have come out the other side when my marker fell off in May 2023. For a start Monzo may close your account but as I had a Marker for App Fraud (Vodafone ended up making a whole hoohah of the account I had with them) - I was with them and still am from Oct 2017 till today. And not once did they close my account. I actually spoke to a couple of current account providers at the time that I had accounts with - Nationwide and Barclays - Told them what was going on and provided all the evidence to them. They advised they may do so but it was highly unlikely now that they understood why it happened and what I was doing to fight it.    Anyway - On to your marker. MCB is My Community Bank?  I can say to you that on experience that On Monday you can be on top of the world then on Tuesday you whole life changes in a flash of an eye. Suddenly you cant pay your bills, Work isnt feasible and you are left with no other choice but to scrape by.  If this has happened to you, then join the club.  - Why is this important? Well Financial institutions get one whiff of potential fraud and you are guilty without a chance to respond. You found out the hard way   If it sounds like I'm waffling, I'm not - Its important to your issue. They have deemed you guilty by the fact that no payments have been made and potentially entered into a loan agreement knowing looking not to pay (Although thats how it may appear, there will always be factors against that)    First off - Questions - What Category of Marker do you have? If unsure, check my signature for a Credit File Guide which will tell you all you need to know about what Categories apply.  - When did you raise the complaint? They will have 8 weeks to respond. More on this in a mo.  - Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan?   My next suggestions, Send this complaint to the CEOs office - CEOEMAIL.COM Let them make the decision as per the Complaint Procedure. Then if they refuse to remove the marker. take it to the FOS who can force the company to remove it if found in favour.  Some companies do need a slap or 2 once in a while to bring them down a peg. You could be looking at this right now.   
    • Other case law relied upon " On other record of reasons "
    • Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me
    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HBOS Credit card debt advice sought,please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1979 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

To cut long story short,

had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016).

 

DCA wrote chasing debt

- I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable.

DCA said would look into the matter

 

 

almost a year later,

has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt.

 

I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable (?)

 

 

what would be a sensible course of action to take in respect of their request for me to get in touch re repayment?

 

Most grateful for any advice and thanks in advance.

Link to post
Share on other sites

It's up to you. It seems that the debt is unenforceable and so if that's the way you want to play it, I would not get in contact with them – but keep all the paperwork.

 

If you feel that despite the lack of legal enforceability, that you would like to pay it off or part of it off then you should contact them and negotiate a settlement.

 

Don't forget that even though it may be unenforceable at law, it will still remain on your credit file for six years. However, even if you arrange a settlement or clear it completely, it will still remain as a black mark on your credit file for six years

Link to post
Share on other sites

Who is the OC and who is the DCA? Pointless cloak & daggers.

 

When did you take this agreement out?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

DCA's are NOT BAILIFFS

 

 

they have no such legal powers.

you should never be blindly paying them or thinking of doing so with proof of debt and paperwork ownership.

 

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

tell us about the debt please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Had a similar situation that you helped me with

- I paid (MUG) Highbridge ,supposedly to take the debt off my hands once and for all,

 

 

then they went into liquidation

- pretty much a con really

- not long after

 

 

- after Highbridge had had the debt for 2 years or so

- Halifax took up the reins again.

 

 

At some point, probably after stream of letters from me, they got fed up and assigned debt to Cabot.

 

 

Now Cabot saying they do not intend to pursue legal action,

I see this as confirmation unenforceable, and would not, and in any event, am not able to, talk about repaying.

Link to post
Share on other sites

ever sent a CCA request to cabot?

or just leave it be,.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Cabot dont chase enforceable debts. Get a CCA request off.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Theyre bottom feeders. They take debts nobody else will. Then harass peopel into paying, or if they think y ou wont reply or youre gullible, they try and get a judgement by default so it costs you a small fortune to set aside.

 

Remember, a very tiny percentage of all debtors even know the basics of what to do if a DCA starts contacting them. Cabot and the rest of them know this very well, and exploit it. Thats why a lot of them use borderline illegal tactics to get money from people, and many debtors are too scared to challenge them. When they do challenge, the DCA simply says " sorry, admin error".

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Debt Buying is by far the biggest banking business ....

99% is fake debt

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Did you ever hit Shallowfax with a reclaim for any charges/fees they added?

 

The fact they flogged this on should ring alarm bells, a sum of this amount is usually chased to the death by the banks own in-house collection arm, BOS-Blair Oliver & Snot.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi Bazooka Boo - no,I didn't hit them for any charges/fees - looking thru my old bumf,it's hard to see where charges might have been added - just total sums owing etc. But thnx for reply.

Link to post
Share on other sites

Also remember, when a debt is sold, the OC double dips. They write the debt off against tax/insurance and get a small payout for it, then get a payout from the buyer too. The buyer might pay maybe 10% of what the total debt is. Some DCA's might pay just 1% if its a total junk debt.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

There sure is. And theres not much regulation surrounding it either. because the bodies that do regulate it seem to be very reluctant to do anything.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 8 months later...

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...