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    • 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
    • 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
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Transport police


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This was the actual charge.

 

"You did molest or wilfully interfere with the comfort or convenience of any person on the railway by putting your feet on the seats while on a rail journey to Chester."

 

It's only merseyrail who have brought any action of this type and so far they have made some 300 prosecutions. I read one student did not even have anything on her feet, her flip flops were on the carriage floor.

 

What is the difference of having ones unprotected feet on a seat to having ones bum on a seat, considering the amount of late night drinkers who travel by train I should imagine that the bums could be worse. :)

 

The state of some of the toilets on the Liverpool to London trains is in my opinion interfering with the comfort of passengers by British rail themselves no one has ever brought chargers against them.

 

I really am saddened that my son and so many others have had to go through this whole stupid procedure of being prosecuted without first trying a simple polite request which would have been sufficient.

 

To be fair to the majority of police officers it was the transport police and only the one's on mersey rail but!! for the legal system which allows this to happen as you rightly say does not inspire any respect whats so ever.

 

I am so glad it's all over, hm or is it??

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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yes it seems that you can obstruct your own gates! (the car is to large to fit into the victorian wide ally way laughingly described as off street parking in the property details) and there is a single yello line ac cross the gateway, and a notice saying that you cannot park on the yellow lines between 9-5 mon-sat..

Like you said PT2537 she should appeal against the ticket for parking on a piece of missing yellow line...anyone on this site would - but some people are too damned "nice". She paid up the same day over the phone, but I will direct her to this site and to your comments and hopefully she will defend herself. I have looked at where she was parked and we can put a awhole car in that place and none of it is on yellow lines! I shall ask her to come back and have a photo of her car in the spot to proove it - somehow I bet she doesn't...

Sorry Pen - for the hyjack!:p

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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If the markings are not clear, then without going into tooo much detail here, the case of Davis and Heatley in the high court ruled that the markings must be clear, if they are not then there should not be a penalty charge

 

further more if you can produce proof that the lines do not comply with the TSRGD 2002 you may be able to push the council to reimburse you under the ruling in the case of Woolwich equitable building society -V - inland revenue as this case sets out where a fine is paid where there is no basis in law to enforce it then you are entitled to restitution

 

.....

 

Paul, I think this was in a private sainsburys car park.

 

edit: oh, no, re-read the post. You're right, of course.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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My thoughts are with the poor unfortunate passenger who would have to sit on a seat that had had someone else's feet on it.

God knows what a person has trodden on beforehand?!...:mad:

 

Zero tolerance is what is needed with the youth of today!

A total disrespect + lack of concern for other people is endemic in modern society.

I believe that the fault firmly lies on the shoulders of the parents.

It is all too easy to blame teachers or the government.

 

In a case like this, it is simply BAD MANNERS.

The person involved deserves having the full weight of the law thrown against him, to serve as an deterrent to others...:mad:

 

If not, what would it be the NEXT time??

Grafitti??...Vandalism??...Fare Dodging??...or EVEN WORSE??

Perhaps the shock of a conviction would nip his anti-social activity in the bud, before it escalates further?!

It could actually be beneficial to him in the long term!!...;):)

 

LOL

 

MTM as bookworm would say behave

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

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Shame the train was not adapted to his use.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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yeah, I would bring a civil claim against them for failing to uphold the Disability Discrimination Act... LOL.

 

£300 should do it;)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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i want joking thats what i would do

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Although I hate to say it MTM was right in one respect, my son would run a mile rather then go to court again :)

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 2 months later...

There is a sign at my local train station, ormskirk, that says merseytravel will no longer give warnings of enforcement, and will take action straghtaway. Putting feet on seats comes under some byelaw, credit to them the trains on that line are a lot quieter now.

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  • 1 year later...

Appologies for reviving such an old thread here.

 

I have reported people for feet on seats before, but I usually give at least one verbal warning on my initial train patrol, and I think that's fair. The only reason I go straight for a report is if the person in question has visibly dirty footwear, to the extent that it's just a blatent disregard for the state they'll leave the seats in, or if the person fails the 'attitude test' and feels they have the right to put their feet up. I don't mind if they have newspaper on the seat, but I still find it anti-social to be honest.

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Sorry, I cant believe the OP is talking about a real incident. A BTP officer reporting someone for an offence?...nah...wouldnt happen.

Realistically, I don't actually think it was a BTP Officer involved....sounds more like those Merseyrail guys...what with the headcam on...:grin:

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