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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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Not another 1st credit thread


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Thanks

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Hello again everybody, ok, ok I'll stop using that title after this new thread.

Those of you who have read my threads on cabot and lowells, will probably have sussed out that we have had a few financial prob's over the years, house repossesed, credit card prob's etc.

Well now we've got 1st credit on our case and these are the first dealings I've had with them. After having read other posts on here I realise they are just like any other dca.

But the letter we received from them the other day was different to anything cabot or lowells have sent. It says that if we dont pay up £1400 or so they will partition for bancruptcy.

My question is; is this a normal tactic for 1st credit?

I intend to cca them in any case.

Thanks for reading jed.

p.s., did you get some sleep q?

Edited by jed52
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Worst Credit always always try the scare tactic first of all but we have a better tactic thats guaranteed to scare all DCAS. Its called the Consumer Credit Act 1974. Its like garlic to a vampire when you send your S77-79 requests into the Omnibus Builing in Reigate.

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Hello BB39, only thing we have of any value is a car. We are 1 year into a 4 year agreement for it. Every payment made on time. Do you thing they might try to take the car? Can they still do that if it is still with the finance company?

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Thanks BB39, I dont get worried about this sort of thing anymore, but it would be a shame to lose the car when we've paid for it for 12 months. jed

Edited by jed52
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They cannot take 'your' car. Its not owned by you until the final payment is made. Besides if you did own it and could prove you needed it for work etc the Official Receiver wouldnt touch it. Worst Credit are using the threat of Bankruptcy as a pure scare tactic so that when their telephone threat monkeys phone you up and demand money you may be more willing to deal with them. In your case it would not be worthwhile for worst credit to make you bankrupt.

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  • 1 year later...

Hello again peeps, an update on my 1st Credit friends.

Since my last post on this, I CCA'd 1st crud and got no acknowledgement from them whatsoever. I then got a couple of letters from Robbers Way, acting on behalf of 1st crud. I sent them a letter stating that 1st crud had failed to supply a credit agreement, so they wrote back saying they (Robbers Way) were passing it back to 1st crud. Result. Then I got a few phone calls from them, so I sent the phone harrassment letter and, after a couple more calls from them, they stopped.

Heard nothing till this month. Got a letter from 1st Credit (Guernsey) looking for me and could I confirm that I am the person they are looking for!!!

Then a week later I get a letter headed Bank of Scotland assigning the alleged debt to 1st crud on 1.4.2007. ?? (April Fools Day???) This letter is interesting, because it is in exactly the same style as 1st crud letters, It came in an envelope with 1st cruds address on the back and it had enclosed a pre-payed envelope to 1st crud. It also has a bar code with a 1st crud reference number on it. Why would BoS have this on one of their own letters? I think this letter could be a forgery. I have had no letter of assignment from either BoS or 1st crud until now.

Just 10 minutes ago, the post has brought me a letter from 1st Credit, introducing themselves and informing me that the alleged debt has been assigned to them.:):) What a bunch of clowns.

I would appreciate any thoughts on this. Cheers jed

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Hi BB, nice to hear from you again.

 

Not heard of 1st crud Guernsey :|

 

Strange that they would wait over 2 years to announce themselves :|

Do you think they have a hidden agenda, BB?

 

Some DCAs send ou the NOA for the OCs.

So this is normal practice then and not neccesarily a 'forgery'?

 

I'll be writing to them anyway to remind them of thier obligations under the CCA request.

jed

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Hi jed :)

 

1st crud are under sanction by the OFT at the moment and are behaving rather strangely :|

 

They were put under sanction for their and connaught's frivulous use of SDs. They continued this for a while then seem to have stopped...A few members have had odd 'nice' letters from them. Where did 1st crud Guernsey come along?

 

The letter is not a forgery unfortunately.

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The alleged debt has NOT been properly assigned in accordance with S136 of the Law of Property Act 1925. They should have served to Notice of Assignment on you in person or by regisitered post or recorded delivery. It is important that you do not admit receiving this NOA which was obviously printed on the Reigate Threatomatic.

 

Worst Credit have passed it around internally for some dubious reason in a bid to con either you, the OFT or the taxman. The simple fact is that they are in serious breach of your CCA request and as such must be reported.

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I've had a letter from them today. It was in my maiden name, and I have been married for nearly 7 years. The debt they refer to is an old Lloyds TSB credit card I had when I was single. I thought that they couldn't chase me for debts that are over 7 years old.

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Hi kali :)

 

If you're sure you haven't paid anything or acknowleged the account in writing for over 6 years the account will be statute barred.

 

Here's a letter for you to send the reigate numpties:

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

Amend to suit, send recorded keeping a copy with yur postal receipt, do not sign print your name.

 

Would be a good idea to start your own thread so as not to get replies mixed up on this one :)

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Hi jed :)

 

1st crud are under sanction by the OFT at the moment and are behaving rather strangely :|

 

They were put under sanction for their and connaught's frivulous use of SDs. They continued this for a while then seem to have stopped...A few members have had odd 'nice' letters from them. Where did 1st crud Guernsey come along?

 

The letter is not a forgery unfortunately.

 

I dont know where 1st crud Guernsey came from bb, this was on their 'search' letter.

First line goes;

'1st Credit (Guernsey) Limited is attempting to contact the above named...blah, blah, blah'

The letter heading and all other details are the standard 1st crud Reigate stuff.

Thanks for your replies BB.

jed

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I dont know where 1st crud Guernsey came from bb, this was on their 'search' letter.

First line goes;

'1st Credit (Guernsey) Limited is attempting to contact the above named...blah, blah, blah'

The letter heading and all other details are the standard 1st crud Reigate stuff.

Thanks for your replies BB.

jed

 

Weird :|

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