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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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      Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Sorry  Noted x
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      I made that payment on 13th Feb, then it all went down hill. 

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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.

j-dub vs Egg card

j-dub

By j-dub
in Egg

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lollipop73

lollipop73

Posted
Posted (edited)

I agree, I was brought up to be afraid of debt in a way. And to be respectful of banks and the like-because they knew what they were doing after all.

 

 

My hubby and I have lost 80% of our business and our income has dropped dramatically-entirely because of the currewnt financial crisis. We never lived flash, but we did perhaps spend more money on our kids than we should have done-lessons, days out etc. As soon as we saw the impending disaster all that stopped immediately-we didn`t bury our head in the sand and carry on like it was judgement day next week, and we approached all our lenders and our banks-exactly like they said we should do. EVERY SINGLE ONE OF THEM TRIED TO SELL US ANOTHER LOAN!!!! and had ZERO interest in looking at our current debts rather they just went on and on about court etc.

 

This attitude ALONE drove me here where I found out so much about how I can solve my current crisis myself-WITHOUT LOANS, WITHOUT FEAR.

 

 

I now have no respect whatsoever for these theives-how dare they attempt to claim the moral highground when they have stolen years worth of exhorbitant fees and interest, and now billions of pounds of taxpayers money ( effectively crippling us for years to come)-and believeing somehow they deserve a bonus for having destroyed our economy. They are on their way into ( hopefully) the dock.

 

Also I am furious at the way they can side swipe at us by trashing our credit file with impunity and the difficulties we the people have with stopping them from doing it.

 

 

Yes, we should pay back what we have had-but many of us already have time and time again. It angers me how much of my outstanding balance with one company is actually charges and much higher interest than what I signed up for in the first place!! And they then have the gall to attempt to look down their noses at me!!! They can get Stuffed!!!

 

 

 

 

I too am sorry for the rant, just had to get that off my chest.

Edited by lollipop73
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j-dub

j-dub

Posted
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Posted

The agreement has been found to be un-enforcable by the company I've asked to take over for me... Their solicitor is now working on a defence argument for the summons that Drydens has organised against me on behalf of Egg and is confident that we will win, and the loan will be written off...

 

As posted in this thread earlier, the "agreement" is invalid as:

 

a) they missed both the 12 day and 30 day deadlines

b) there is no reference to a "credit limit" (exact term must appear in the document)

and c) a couple of other bits, which I'll post up once I have them in front of me to let you guys and gals know what they are!

 

To be honest, I'd seriously reccommend handing any of these cases over to a company specialising in these things... I got a long way into the process thanks mainly to this forum, but I'd have come unstuck had I tried to go further as I just wasn't sure where the next step was, and that's when I received a summons which is something I seriously wanted legal advice on!

 

Good luck to anyone else trying to fight Egg in this way anyways... if your agreement looks exactly like mine, it IS un-enforceable...

 

I'll post back when I have an update to why it's un-enforceable and to let you know how it's got on (I have until Friday to send in my defence arguement)

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militantconsumer

militantconsumer

Posted
Posted

Hi j-dub

 

I will be interested to hear about the arguments that are used in your defence, and how successful they are.

 

I'd seriously reccommend handing any of these cases over to a company specialising in these things... I got a long way into the process thanks mainly to this forum, but I'd have come unstuck had I tried to go further as I just wasn't sure where the next step was, and that's when I received a summons which is something I seriously wanted legal advice on!

 

That is a very general statement that takes no account of the fact that there are obviously a lot of dodgy and/or incompetent claims handling companies out there.

 

You haven't told us anything about their fees, win or lose.

 

For others reading your post and considering handing it all over to somebody else, I would suggest reading this:-

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

I realise people panic when they receive a Court Claim/Summons in the post - a lot of people even confuse it with a CCJ.

 

But that really is the point of this site - helping people to take on companies themselves. It's empowering, and not has hard as people imagine.

 

And I wouldn't mind betting that a lot of companies "specialising in these things" get a lot of their ideas from reading this forum as well!

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j-dub

j-dub

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damn it! that's a flippin' good thread you've linked to there... wish I'd have seen that earlier... I may just have gone for it myself rather than going through a company...:rolleyes:

 

I must admit that the Summons did spook the hell outta me... I've never had anything like that before, and I wish I'd have seen that thread before I received the summons... I was also confused about CCJs and all that malarky until I just read that thread... Thanks for linking to it, you've settled my mind quite a bit there too...:cool:

 

I accept (and whole heartedly agree with) what you're saying, militantconsumer, about dodgy/incompetent claims firms out there, and I fear that the situation is only going to get worse... I've not said anything previously about fees, (win or lose) as I know that this forum frowns upon advertising of this kind of company, and I respect that...

 

Without saying the name of the company I've decided to use, I can tell you all that the fees are as follows:

£25 for an assessment of your loan/card. This covers from the first step of requesting a copy of your agreement through to either not receiving the agreement within the correct timescales, therefore putting the loan/card into default and making it un-enforceable, or receiving an agreement and having a specialist team look through it to see if it is enforceable or not... At this point you know that you can either take it further, or that they can't find a way out of the agreement... Bear in mind the cost of the 4 registered letters I'd already sent, and the £1.50 spent on a £1 postal order to get my agreement, £25 to have done all that, and tell me that if it's un-enforcable or not would, in my case at least, have been worth it for the time it would have saved me... I do agree though that I'd not have learnt anywhere near as much, or felt anywhere near as empowered as I have done while getting to the stage I got to with it...

 

To take it to the next stage where they get the loan/card written off due to it being un-enforceable AND hopefully get some money back out of the loan/card company costs £170. There is no cut of any monies claimed back, or written off (as there are with some other companies I know of who want 30% of anything written off AND claimed back!)

 

As my case is a little different from the norm that they see (I'd already done most of the first stage and I had stopped paying the minimum amount a while back when I first told them that it was un-enforcable, AND I knew that the agreement was in default due to them missing the deadlines AND that the agreement didn't have a "credit limit" listed in it!), I've paid the £25 to confirm that the loan is un-enforcable, and the solicitor has now taken it on in a no win, no fee basis, where the maximum fee I will have to pay is the £170 when we win (which he's exceptionally confident that we will!) which could even come out of any money coming back to me from Egg... Either way, I just want rid of this debt, and if I end up having forked out £195 for it being taken off my hands and handled by a solicitor who has done this kind of thing before, that feels better for me, and for my wife who was getting kinda skittery about the whole thing and wanted me to get some professional legal advice/help...

 

I wish that you could have posted up about that thread earlier militantconsumer, I'd searched around the forum a lot to try and find more information and just didn't know the terms I was looking for, or even what the correct procedure was once I'd established that the loan/card was un-enforceable... Thank you for posting it, it's very useful, very informative and, had I not have gone to a company now, would have been used in my case to sort things out...:cool:

 

I'll post back up with what the "specialist team" found in the agreement to make it un-enforceable and also to update as to where I'm up to with my case... hopefully it'll help other people to go through this process themselves, and to get to the eventual end goal of being debt free without having to pay out for someone to do it for them... :cool:

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militantconsumer

militantconsumer

Posted
Posted

Thanks j-dub, I guess the site team should consider making that thread more prominent.

 

Personally I find this whole site very confusing to find my way around, but I guess that comment will offend somebody!

 

Good luck with your case. It sounds like you've got a reasonable deal out of that company all things considered.

 

Will look forward to hearing the outcome as quite a few of us have these agreements and are keen to challenge them.

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tortilla

tortilla

Posted
Posted

Hi j-dub

 

Hope you dont mind if i sub to your thread, i will be in similar position with egg soon, youre helping us all - good man, or woman of course, dont want to sound sexist cos i'm not.

 

Cheers

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j-dub

j-dub

Posted
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Cheers militantconsumer... I too find this site rather difficult to navigate, and I'm a moderator on several internet forums! I'm not sure how it could be made simpler though, it's a tough one as it covers so many different things, from so many different banks etc... The deal I've got out of the company is their standard deal... I've actually got a better deal due to a couple of things I've managed to sort out for them (don't ask, it's part of what I do for a living!) as I'm doing a couple of cards and a loan for me, and a couple of cards for my wife too... It's enough for them to make a nice profit out of running it, but not enough for me to feel ripped off paying out for it... ;)

 

tortilla, I'm glad other people are watching this thread with interest... I'll keep updating it, and I hope that it will help other people with their cases... (p.s. I'm male! :cool: )

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j-dub

j-dub

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quick update on this one... Due to two errors which were made at the start of my relationship with the company I've passed this onto, they're still looking into if this IS un-enforcable or not, and a default was issued against me in a county court due to them not receiving my defence in time... :mad: In the mean time, EGG has tried to put the claim against me against our home to guarantee they get their money back, so I'm off to court in August to tell 'em where to shove it, or to pay them their money back, depending on what the latest audit comes back with in the next couple of days...:eek: Scarey stuff... :(

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j-dub

j-dub

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Right, some fantastic news came in to me today... a second set of legal auditors have come back and stated that the agreement IS unenforceable. They've taken it before a judge and he now understands the reasoning behind why it's unenforceable too, so the legal insurance are now satisfied that we have a winning case and so are backing me to pay for the solicitors fees! All systems are now go to get rid of this claim, the CCJ default against me and the attempt by Egg and Drydens to put the loan against my home...

 

The crowning glory of this whole case is that, due to the stress and upset this has caused both myself and my wife, my solicitor says that we now have a good case for compensation as well once we win the unenforceable case! I'll update more when I know anything... :D:cool:

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j-dub

j-dub

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like you wouldn't believe! This has been playing on my mind and has been a dead weight on my shoulders for too long now... What helped lift my mood even higher was that the company I'm using has also found 3 of my other cards are unenforceable too, so I've got 5 that will be getting killed off very shortly... to say I'm relieved wouldn't even get close! :D

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langtonhighway

langtonhighway

Posted
Posted

Hi there - I'm sincerely hoping you'll update us further if and when you actually get them written off! Please can you let us know exactly why the agreement with Egg was un-enforceable? And, how did a claims company take the agreement to a judge for an opinion, without a case being brought? Ta!

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Redfish

Redfish

Posted
Posted
Right, some fantastic news came in to me today... a second set of legal auditors have come back and stated that the agreement IS unenforceable. They've taken it before a judge and he now understands the reasoning behind why it's unenforceable too, so the legal insurance are now satisfied that we have a winning case and so are backing me to pay for the solicitors fees! All systems are now go to get rid of this claim, the CCJ default against me and the attempt by Egg and Drydens to put the loan against my home...

 

The crowning glory of this whole case is that, due to the stress and upset this has caused both myself and my wife, my solicitor says that we now have a good case for compensation as well once we win the unenforceable case! I'll update more when I know anything... :D:cool:

 

Hi j-dub, I'd be interested to know the names of the second set of legal auditors - are they barristers? I'd appreciate you filling us in on your learning curve with your solicitors so that any of us who want to go that route will understand how it all works. Personally I think it is great they found it unenforceable enough to put up legal insurance - so the more you could tell us the better. Would like names too please, PM me if the site won't let you post publicly, pleeeease!

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j-dub

j-dub

Posted
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Hi Ron,

 

Well, it's still ongoing... my solicitor is fighting hard for me, but has now secured after the event insurance for the legal work and it should all go through to court soon to get it deemed unenforcable and therefore written off... I'll update when I get something more to update...

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Ron 2015

Ron 2015

Posted
Posted

Hi

 

What line of defence are you taking. The approved limit / Credit limit or something else. If you dont want to post here pm me the details please.

 

Thanks

 

Ron

Debts settled £135K

discount so far £68K :)

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j-dub

j-dub

Posted
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Posted

The "approved limit" is the main one, with their lack of response within the allocated time and several other less serious breaches showing that the "agreement" was so sloppily written that it should be deemed as unenforceable under the CCA1974...

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Ron 2015

Ron 2015

Posted
Posted

Thanks j-dub

 

I know about the Approved limit error on the Egg cards.

 

I have sent a letter to Drydens asking for all the information they are relying on in court , but I dont expect a reply.

 

I will then subit the embarressed defence and get court to force them to disclose the information and see what they have got.

 

In the mean time I am trying to prepare a defence and have nothing more than the approved limit error.

 

It would be very helpful to know what other errors are on there so I can start preparing a defence.

 

Thanks

 

Ron 2015

Debts settled £135K

discount so far £68K :)

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j-dub

j-dub

Posted
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Posted

Hi Ron,

 

Unfortunately, I don't have the rest of the arguments, they've all been handled by my solicitor and the firm I've been using's auditors... I'll see if I can get the rest of the details out of them to help you, but at the moment, mine's still not 100%...

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Ron 2015

Ron 2015

Posted
Posted

Hi J-dub.

 

That would be very helpful if yoy could let me know the other lines of defence. I will up date you on any progress i make. I cant find any threads where someone has been to court with Egg , have you seen any. I would like to know if the aproved limit error has been tested.

 

Maybe we are the first. Drydens seem very bullish.

Debts settled £135K

discount so far £68K :)

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