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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
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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,
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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


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Hi FG... you are a lifesaver.. :)

 

I have prepared the above for submission to the court today and have emailed a copy to MC... I will also send it special delivery to them later today... I could fax it too but d'ya think that would be overkill?.. ;)

 

Thanks again for your help..

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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I have prepared the above for submission to the court today and have emailed a copy to MC... I will also send it special delivery to them later today... I could fax it too but d'ya think that would be overkill?.. ;)

 

 

Overkill - fax or email but if you really want to kill 'em send both.

I would prefer fax 'cos you can print a proof of successful transmission from your machine. And make sure you print it ;-) If you've already sent email, make sure you print a copy out with the date & time showing.

Edited by foolishgirl
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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Mini Update...

 

MC received and signed for their 'hard copy' of my witness statement yesterday morning.. hopefully 3 days is long enough for them to read 2 sheets of paper, bearing in mind they all share a brain cell as well as a phone in the office at Marlin... :rolleyes:

 

Next question... what do I need to take with me on Friday?

 

I have their witness statement and my reply... the exhibits from 'MC' I didn't 'exhibit' them myself as they were exactly the same items.. i.e default notice and application form...

 

Should I take any copies of letters received since the set aside application and the new default notice or would they be inadmissable due to not being exhibited?

 

Also do I need a schedule of costs or anything... sorry to appear dumb but as it's not a trial I'm a bit lost as to what I need to prepare.. :oops:

 

Thanks..

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Take EVERYTHING, spam!! If you don't you are almost sure to need the bit of paper you left at home.

 

I also usually take my laptop with all the acts, case laws, CPR etc so you can refer to anything that may come up that you are unsure of. (if you look at Clynite's recent post, he (& the gullible DJ:mad:) was thrown off by a wily barrister referring, seeming erroneously, to a CPR of which he didn't have a copy with him)

 

Try & index easily all the stuff you may need to refer to eg. with stickies sticking out the side & use highlighter on the clauses you may want to read out.

 

This post by BRW is excellent:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

IMO wouldn't worry too much about the costs issue at this stage. If you get your application granted, I think I would just roll into the case costs.

 

Good luck - may the god of good DJs shine on you...:)

Edited by foolishgirl
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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Good advice from foolishgirl spam. It doesn't matter if you take things you don't need, but if you don't take one thing you can guarantee that will be the one thing that you need.

 

This is as important as any other hearing if you want the opportunity to defend yourself.

 

Will be thinking of you and have everything crossed.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okey Dokey.... result of todays hearing.. :)... bit of a mixed bag really but on the whole I think it went in my favour and am pleased with the result..

 

The DJ rejected my application to have the NOD set aside as he said it wasn't an abuse of process and that was what he was looking for when making his decision. He agreed that Marlins claim was fatally flawed and that basically they would lose if the claim went ahead.

 

I have to say a big thank you at this stage for my Mckenzie Friend 'MTM' who successfully argued for an award of just under £500 costs in my favour and also that Marlin must bear their own ... :D:p

 

He also persuaded the DJ to insist that Marlin were not to bring any further action against me until they'd paid my costs in full....:D

 

So there we are... Marlin have the choice now to either play nice, pay up and forget about hounding me further in a case they can never hope to win, or throw good money after bad knowing that next time I will be fully prepared with my army of caggers supporting and advising me along the way..

 

Thanks again to everyone who has played a part in helping me through this ordeal but the hugest thanks of all go to Foolishgirl who has been there every step of the way for best part of almost a year!! ;):) And more recently MilkTrayMan (MTM) for his support in the court room when my knees were knocking and for insisting I took a full breakdown of my costs with me..

 

Spam... :):D

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They say money talks......mine just keeps saying "Goodbye"

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Hi Spam :)

 

I'm really pleased for you that you got a half-decent swipe at M/P/MC and at least got some costs awarded as pay-back. :D

 

You deserve at least that much after all your hard work and doggedness (is that the right word?).

 

Okey Dokey.... result of todays hearing.. :)... bit of a mixed bag really but on the whole I think it went in my favour and am pleased with result..

 

The DJ rejected my application to have the NOD set aside as he said it wasn't an abuse of process and that was what he was looking for when making his decision. He agreed that Marlins claim was fatally flawed and that basically they would lose if the claim went ahead. Which I guess would be an abuse of process :rolleyes:

 

I have to say a big thank you at this stage for my Mckenzie Friend 'MTM' who successfully argued for an award of just under £500 costs in my favour and also that Marlin must bear their own ... :D:p

 

He also persuaded the DJ to insist that Marlin were not to bring any further action against me until they'd paid my costs in full....:D

 

So there we are... Marlin have the choice now to either play nice, pay up and forget about hounding me further in a case thay can never hope to win, or throw good money after bad knowing that next time I will be fully prepared with my army of caggers supporting and advising me along the way.. and more costs to come your way if they are silly enough to try again :D

 

Thanks again to everyone who has played a part in helping me through this ordeal but the hugest thanks of all go to Foolishgirl who has been there every step of the way for best part of almost a year!! ;):) And more recently MilkTrayMan (MTM) for his support in the court room when my knees were knocking and for insisting I took a full breakdown of my costs with me..

 

Spam... :):D

 

And congratulations to MTM in his successful supporting role! :D

 

Cheers

Rob

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Excellent result spam. And you hurt their pockets into the bargain - well done MTM!!

 

Hope you got yourselves a couple of glasses of champagne on it...

 

At least now you can rest easy knowing that Marlins really would have to be complete idiots if they ever started against you again; suspect your file is already in their trash. :):)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Spam,

 

 

Well done!!!:)

 

I may need to pick your brains at some point in the future regarding Marlin/Phoenix et al!:(

 

But I'll cross that bridge if and when I come to it.

 

In the meantime, have a well earned relaxing weekend.;)

 

 

Best wishes, Jeff.

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Well done Spam. Sounds like a decent result to me. :D

 

I don't need to tell you that MilkTrayMan has been a tremendous support to many people, so no surprise that he was there for you today.

 

Hope there are plentiful supplies of Newky Brown on ice.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well Done Spammie and everyone who helped you. Really pleased for you. :)

 

Great that MilkTrayMan came with you, nice to hear he's still fighting the fight .... and winning

 

Couldn't agree more Jan. I can't think of anyone who has been more dedicated in supporting the "liccle peeps" in their hour of need.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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This is fabulous news Spam. I'm so glad for you and you found the Knight in shining armour MTM.

 

MTM was my MF and he ensured the costs were negligible, no costs awarded to the claimant.

 

Time for you to have a chill now and i've added my name to the Manchester meet so see you there.

 

Champers Hoorah!

 

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Delighted Spam only just caught up on your thread;)

 

Regards

 

Andy

We could do with some help from you.

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Well done Spam and MTM amongst others. .

 

Thread title changed and moved as requested.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Well done Spammie, & MTM, you both deserve a drink for this result..:D

It's really nice to know that MTM is still there for all us peeps who need his help!! :cool:

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