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Oh dear.. Misuse of facility... Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. -
Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank? Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email 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? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024. I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair. It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕 -
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
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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.
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Other case law relied upon " On other record of reasons "
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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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.
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
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