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    • 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
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Excel Parking Ticket.


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I don't honestly know if it's a month or 28 days, from what I understood it's a month from the ruling so like the 1st of the month to the 1st of the month, but again I can't say for certain.

And I take your point on board about 'being in control' but there's a difference between paying £60 and paying whatever they've hiked the charge up to, plus interest, plus court fees etc - while it might not matter to some people, others might struggle to come up with those funds in under a month.

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Hi I have taken the advice on these forums, and am feeling confident and relaxed about it

I too would worry about judgements against me, but should sealed court papers arrive, I could still pay at that point and avoid court hassle, but as its unlikely I will keep on keepin on.

 

Just waiting now for a new government department, to deal with all parking, with no private companies allowed, and for accurate terms to be applied nationwide, and reasonable charges for various levels of breaching national terms.

 

well we can all dream can't we?

 

come the revolution etc :)

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Just waiting now for a new government department, to deal with all parking, with no private companies allowed, and for accurate terms to be applied nationwide, and reasonable charges for various levels of breaching national terms.

 

Not sure that would be a good idea. Every thing the government touches either turns to c**p or they will see the money making option and turn out to be twice as bad as your standard PPC!! :eek:

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I see what you're saying, and my point WAS the implications of having a CCJ - but I was also saying I'd only end up with a CCJ if I lost and didn't (or couldn't) pay the charges inside that month. Like I said, it's one thing paying £60 and quite another paying hiked up charges, interest and court fees on top of that and the inability to pay in a month leads to a CCJ.

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That is supposing they were awarded full costs,

inflating the amount payable can be seen (and has) as a scare tactic

 

for invoices the worst they should be able to do is add statutory interest and court costs, that is of course if what they were doing was all above board.

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Hi All,

 

Just an update for you all who are in a similar situation as myself (PCN from Excel, Forster Sq, Bradford). Well, today I received a FINAL WARNING from Graham ****e Solicitors threatening court action, and unless I repayed the account immediately they would refer the matter to the courts in seven days.

 

Sounds threatening, but will continue to ignore as with all other communication regarding this.

 

Cheers.

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they would refer the matter to the courts in seven days

 

I love the language here, they make it sound like getting a judgement is a mere formality. Just more nonsense from the PPC and their associates.

 

Keep on ignoring, you should be at the end of the road by now.

 

Regards,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Keep on ignoring, you should be at the end of the road by now.

 

Regards,

 

TFT

 

Cheers TFT, Will do. It's a shame most people will buckle under the weight of their communcation (as I probably would have done if I hadn't found this forum). Keep strong, y'all.

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Cheers TFT, Will do. It's a shame most people will buckle under the weight of their communcation (as I probably would have done if I hadn't found this forum). Keep strong, y'all.

 

That's because our government believe that is right that these PPC's should be allowed to get away with fraud. Most people I speak to who have received a PPC invoice think they have been issued a parking ticket from the authorities - I quickly put them straight though :D.

 

It's all about getting the word out, tell eveyone you know. Together, we can expose this racket.

 

Best Regards,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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hi everyone

 

As we all thought - the next letter has arrived from Graham White Solicitors from Michael Sobell - listing all the things that will happen to me if I dont pay the £140.25 in 7 days - including the following "please be assured this matter will not go away without solution or resolution" not the most professional sentence I have ever seen. The letter does go on to say if I can't pay the full amount, or have a valid defence to this claim, you should call this office without further delay. which once again this just wouldnt be an option if they really thought they could get anywhere - thats my opinion - I have also told excel right at the beginning what my defence was ie I bought a parking ticket so they know my defence already.

What does everyone think? cheers

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From the Graham White website

 

We are aware of the economic realities of many litigation claims and will advise our clients accordingly, baring in mind their individual wishes and situations. Often settlement of a claim in a satisfactory manner is the best result

Read as:

We are aware that in most cases there is probably no point in taking people to court for a very small amount becuase it could end up costing you more than you were ever trying to get back. Often, getting people to cough up by sending them frightening letters is a far better solution.

 

 

Regards,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Hi TFT

 

Thanks for info - interesting that they do advise their clients this way but then still sending threating letters to try and get settlement. So still holding firm on this - I just cant see a judge saying it is fair to charge me £140 when I didnt even try and get away with not paying i did £1.20 for 17mins and I still have the parking ticket - just wrong reg number £140 just doesnt fit against that and they never lost anything either - so what are excel saying they have lost out on. cheers

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It works like this. A PPC uses a solicitors to try and get people to cough up. Now, the amount is often very small (in legal terms) maybe £80 or so for an unpaid parking invoice. So, all that happens is that you get sent a templated letter. Imagine if a PPC actually employed a real solicitor to work on a claim - it would cost them £150 an hour and more. It simply wouldn't be worth the while. Even if they took you to court and won they would still be capped on what they could claim for legal costs.

 

Therefore, what the PPC is paying for is not the services of a solicitor with a view to issuing a claim but for a letter to be sent from a solicitors firm. If you do some further digging you will find that the templated letters are sent out from a department of the firm that doesn't actually employ any solicitors. It is all part of the [problem]. Most people get a letter from a solicitors and, unless it is telling you your great aunt has bestowed you a fortune, panic and pay up.

 

The pyschology works that different people will pay up at different threat levels. The PPC simply has to increase the threat level a notch before the next waive of victims pay up. Ultimately, the solicitors letter and notice of court action is the ultimate threat - if you don't pay at this point you never will. You are a private parking hard man lol.

 

People respond to PPC letters/invoices based on conventional wisdom. It is an inbuilt instinct in most good honest people - get what appears to be a fine and cough up. This is why the PPC's win a lot of the time (because they are bad) and the good people lose out.

 

Lets be frank, the only way in which a PPC parking ticket is an invoice is in legal status. In every other way it is a fine or a penalty - this is where people get caught out. After all, when you get an invoice from your local electrician it doesn't state the amount, give you a discount period and then say that you will be taken to court if you don't pay - it is just marked invoice with all the relevant details.

 

PPC's rip off the decriminalised parking system as much as they can.

 

When it comes to court action, this is not to do with the PPC believing they have a legitimate right to the charge they have issued, it is about sending a signal to all their other victims - if you don't pay we'll take you to court too. It works on the pyschology that people will only respond to a threat if they percieve the threat to be real.

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Hi TFT

 

Thanks that all makes sense and yes you are right Excel dont care that I have a legitimate case - just as long as they can try to frighten me into paying - but its not going to work as I am not paying - especially as I am a stubborn woman well my husband thinks so. cheers

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Baldy Man , Bar Steward

 

I too have recieved a " FINAL WARNING " like the other posting from someone else today; I note we recieved the last letter from Graham White on the same date so am assuming you too will have had one of these today ?

 

who knows, we could all end up at court on the same day HO HO HO

 

regards

 

seen the light:grin:

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Just noticed on the second letter recieved from the phantom solicitor: the appearance of a Legal Reference:

oooh, i'm really scared now.

 

Are Excel really so stupid to tip up in court and rely on their ANPR evidence? well actually, just a piccy on a letter now, because the won't have kept FULL video evidence in accepted format - and especially as they have already been 'outed' for falsifying their evidence on that site.

 

Can't wait to see how they can show the court we didn't leave the car park for the several hours they are suggesting.

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Hi - Yes I have one of those - it frightened me so much I ignored it. Mine is a little different as they are complaining I didnt put the right reg in - but their video actually helps me as it shows the time I went in - which means the ticket I purchased could not of been given by someone else - as the video caught me at 12.17 and ticket say 12.18 - if this had been someone elses ticket it would of been purchased before 12.17 - as I say I am not paying as it doesnt fit the transgression ie charging originally 50 times the cost of thicket I did buy (what is their loss as ticket purchased) and now 116 times - Looks like the court rooms could be full up with excel ex-customers at this rate - will cost them a fortune - if they do it

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Hi - yes thats what I hope as well - lets hope everyones advise is right - otherwise we are going to have a big bill to pay - but really cant see the court seeing it fair to charge 50 to 116 times the actually cost to park. Especially as I did pay to park - so excel have lost nothing

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