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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      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  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      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.   
    • AndyOrch
      Appeal Bundles - Civil Appeals - Parcel Delivery Firms

      By AndyOrch · Posted

      Other case law relied upon " On other record of reasons "
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      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
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Flat: Maintenance charging and Building Insurance

Bleuciel27
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Bleuciel27

Bleuciel27

Posted
Posted

Hello everyone. I am a new lad in the area and I would like to say hi and congratulate all of you who tried to help each other. Well done.

 

I have got 3 problems which are slightly different from the banking sector. Since last year I have been in financial troubles. Finally I manage to get on IVA. And the IVA went through on June 07. I am left with a minimum to see through a month. The problem is that I live in a block of Flats (10 storey building), which means that I have to pay maintenance charges and it is paid twice a year. Invoices are usually issued in June or December of each year. However they do give only about 3 weeks to pay the total amount of money. Because of my particular situation (IVA), I have approached the maintenance agent to explain my financial problems, that I CANNOT PAY THE TOTAL AMOUNT in one lump sum. I have tried to negotiate an alternative method of payment. I offer to pay monthly or by instalments, which they declined. I used to go to their office to settle the debt by making cash payments. In November 2007 I attempted to make a cash payment, which they refused to take and said that they are referring my case to a Debt Collector. I didn't know what else to do. I went through my paperwork to find they bank account and I start paying them as I go. Because I couldn't find the money to pay everything in one go, they refer to a debt collector who added their fees and everytime the maintenance agent send me a letter to remind me with outstanding balance they keep increase with an administration fees of £25. I just think don't think it is right for them to keep charging these fees. I am stuck here as I can sell the flat not before I finish with my IVA. Please, anybody outhere to help. I am loosing sleep and I am loosing weight about this.

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waterbottle

waterbottle

Posted
Posted

Hi there.

 

I can't offer a definitive answer but I can offer some advice which I think might be helpful.

 

It would be a good idea to try and put your payment proposals in writing.

 

With regard to the £25 fee you will have to do a bit of work to claim them back. I think that, as with bank charges, it would be regarded as a penalty because it doesn't represent the real cost to the agency. You shouldn't really have to pay it.

 

Are you a long way behind with payments? How much have you paid in fees? If you put some details up here someone will probably be able to tell you exactly how to phrase a letter to the debt collector.

 

Also, make sure you get receipts every time you pay cash. If you don't have all the receipts don't tell the company as they sound a bit dodgy.

 

Lastly, can anyone reading this offer any advice about the implication of an IVA being involved? If the applicant cannot afford to live properly, perhaps the IVA can be adjusted...

 

Good luck and try not to worry about this. Authoritative help should be along soon.

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Bleuciel27

Bleuciel27

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Thankyou very much for your help waterbottle and gazebo. Gazebo, to be honest I think in the lease it said that we need to pay maintenance charges 6 months in advance. Probably I must be one of those who have taken their mortgage without reading properly and trying to amend any statements before signing papers. Considering I was excited by having my first mortgage and without missing a good deal. Here I was thinking that maybe there is some kind of arrangement by laws I can make.

 

Re waterbottle comments, really I am not a long way behind with payments I think. For an example. Our maintainance charges is about £1600 a year paid six monthly. Let's say on 15 December they sent an invoice of £800 to be paid by 31 December. I couldn't have money in time. I went to pay half of the money through their bank account on the 07th January. Next I have received a letter from their debt collector. I replied to them. Obviously they sent my letter back to their client. Last week I went to the agent office. One of the staff was saying that as from now on I will have to deal with their debt collector.

 

So far I have paid half of the fees through their bank accout. I have got receipt from the bank. The other half of the money I told them I will try to pay it by the middle of the next month. Now my concerns are the administration charges I haven't been paying. By laws, do I have to pay it? Consider my IVA, if we go to court, what is likely to be the outcoume? I am really struggling financially, obviously I cannot affor a lawyer. What to do?

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waterbottle

waterbottle

Posted
Posted

Have a search for unfair penalty charges in some of the banking forums. If you pay late then you may incur some penalties but it may well be the case that you can only be charged their realistic costs. This would not include £20 per letter!

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Aequitas

Aequitas

Posted
Posted
Have a search for unfair penalty charges in some of the banking forums. If you pay late then you may incur some penalties but it may well be the case that you can only be charged their realistic costs. This would not include £20 per letter!

 

This starts to get complicated in the context of tenancies.

 

The starting point has to be the lease. We do not know what the lease says. It is unlikely that it provides for specific payments (other than interest) for late payment, but likely that it provides for the tenant to reimburse the landlord any costs incurred in connection with arrears of rent/maintenance. If it does, then that it is a contract for indemnity. The point is that the landlord must be under an obligation to pay the agent for the service and if he is, the tenant must meet the cost. The question of it being a penalty does not really arise as the landlord (who is the person with whom the contract is made) will not benefit.

 

In the absence of knowing exactly what the lease provides, further comment is not possible.

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waterbottle

waterbottle

Posted
Posted

Thank you for that input. Glad to have someone more knowledgable helping out.

 

In my lease it says that the agent can charge me £47 for each letter sent regarding rent arrears or other matters (I forget what exactly)

 

I was under the impression that these are unlawful. Am I mistaken? What is the position with people - there are some on this site - who are getting letters weekly from their agent at £47 each?

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yaffsimone1

yaffsimone1

Posted
Posted
Thankyou very much for your help waterbottle and gazebo. Gazebo, to be honest I think in the lease it said that we need to pay maintenance charges 6 months in advance. Probably I must be one of those who have taken their mortgage without reading properly and trying to amend any statements before signing papers. Considering I was excited by having my first mortgage and without missing a good deal. Here I was thinking that maybe there is some kind of arrangement by laws I can make.

 

Re waterbottle comments, really I am not a long way behind with payments I think. For an example. Our maintainance charges is about £1600 a year paid six monthly. Let's say on 15 December they sent an invoice of £800 to be paid by 31 December. I couldn't have money in time. I went to pay half of the money through their bank account on the 07th January. Next I have received a letter from their debt collector. I replied to them. Obviously they sent my letter back to their client. Last week I went to the agent office. One of the staff was saying that as from now on I will have to deal with their debt collector.

 

So far I have paid half of the fees through their bank accout. I have got receipt from the bank. The other half of the money I told them I will try to pay it by the middle of the next month. Now my concerns are the administration charges I haven't been paying. By laws, do I have to pay it? Consider my IVA, if we go to court, what is likely to be the outcoume? I am really struggling financially, obviously I cannot affor a lawyer. What to do?

 

 

To pay six months in advance is the norm, i pay mine six months in advance, however, the managing agents do allow the residents to pay monthly although this is not allowed for within the lease.

 

This has nothing to do with your mortgage (well not a such) your solicitor would have read the lease and will have advised you of anything out of the ordinary, unfortunately, they dont advise you of the prescribed payment methods (well mine didn't!)

 

Aqeuitas is right they can only charge for what is stated in the lease. My lease does not state anything about admin charges and my managing agents tried to sting me for Admin charges, politely told them to get stuffed!

 

This is the problem with leasehold properties, you have to pay your service charges and ground rent otherwise the freeholder has a legal right to forfeit your lease (lets not try to get into that yet, that is worst case and i am assuming your managing agents have not threatened this, and there are honest ways to get round it)

 

You can email me your lease if you want, i should say at this point i am a leaseholder and have just come out of a two year dispute with mine managing agents, i know my lease back to front!!!

 

There are other ways to get this paid, i will try and help as much as i can.

 

Yaff

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Aequitas

Aequitas

Posted
Posted
In my lease it says that the agent can charge me £47 for each letter sent regarding rent arrears or other matters (I forget what exactly)

 

We are talking about a long lease, aren't we? If so, this is quite unusual. Can we have the exact wording, please?

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waterbottle

waterbottle

Posted
Posted

I've just realised I may have confused things by inexact wording. I apologise in advance if this is the case. Whilst I understand that the original poster was talking about a maintenance company I was talking about the letting agents for an AStenancy and I was applying the principle of penalty charges being unfair. The wording is in Foxtons Terms and Conditions which we were forced to sign in addition to the contract. It says

 

'An administration fee of £40 + VAT will be charged for each letter sent by Foxtons regarding late or non payment of rent or administration charges'

 

In addition the contract says we must pay interest at 4% over base rate on any balance owed.

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Aequitas

Aequitas

Posted
Posted

A bit difficult to answer without seeing the whole thing. Obviously it cannot be taken quite at face value since the agent could write twenty letters in one day...

 

I confess I am wondering why a tenant should have to agree anything with an agent. What service is the agent supplying to the tenant? The agent is the landlord's agent.

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waterbottle

waterbottle

Posted
Posted

The problem seems to be that the agent is Foxtons. This may be meaningless if you are outside London but if you ever use them they are the great satan.

 

I have had a number of dealings with bad companies but Foxtons are truly the most awful company I have ever encountered. Google 'Foxtons' and you will see what I mean.

 

It seems excessive as they already take a massive cut from the LL for doing nothing. And, if we leave early for any reason we must pay Foxtons their commission for months missed.

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