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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 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • 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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A&L and The FSO


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Hi all,

 

Have come to an impass and could do with some advice.

 

Some 3 years ago now I started chasing A&L after they charged me the overdue amount for going overdrawn by about a pound and I refused to pay as I was chasing them for charges. This was about the time the courts and banks stopped paying due to the FSA waiver. A& L continued to apply overdue charges fro a further 3 months or so. In the end it was about £300 overdrawn, however I had stopped using the account by this point.

 

A& L subsequently closed my account without notice and cleard the £300, and registered the account as defaulted with credit reference agencies. It was my understanding (and I work in FS) that banks were not allowed to do this under the terms of the waiver. Also, that it contravenes the banking code in regards to disputes.

 

Now my problem is that I have written to A&L AND the FSO and have had no response from A&L other than that they will get back to me when the court case is decided (despite the fact that I have re-itterated on a number of occasions that it is not about charges but credit reference agencies) and The FSO have told me that they have spoken to A&L who would poride a relevant response, which I recieved as the same as the above, that they will deal with it when the case is sorted.

 

What should I do next, as I am unable to re-morgage due to the ONLY thing on my credit file being this defaulted account, even though it is not a true default?

 

All advice welcome.

 

Thanks

 

Guy

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Guest Old_andrew2018

I suppose you could contact the FOS again explaining that A&L, are still refusing to comply with their request.

 

Andy

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  • 3 weeks later...

Hi Guy,

 

having tried the FSO and the credit reference agency i decided i would get no help from them. I have now issued proceedings against A and L to ask the judge to make an order that they remove the default against my file. I have a directions hearing on the 6th october.

 

I have some experience with the law and know that they will almost certainly not cooperate unless forced to by a court order.

 

I will let you know how i get on.

 

Jenny

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  • 2 months later...
Hi Guy,

 

having tried the FSO and the credit reference agency i decided i would get no help from them. I have now issued proceedings against A and L to ask the judge to make an order that they remove the default against my file. I have a directions hearing on the 6th october.

 

I have some experience with the law and know that they will almost certainly not cooperate unless forced to by a court order.

 

I will let you know how i get on.

 

Jenny

 

Hi, I seem to have a similar problem with A&L and after 2 and a half years of battling them, and the FOS being of no use whatsoever, I now feel the only option left is to take them to court to have some sort of ruling made against them to remove the default on my credit record. How did your court hearing go and which route did you take? I've considered the small claims track but it doesn't seem quite right. Any advice would be welcomed. Cheers Steve.

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Hi Guy,

 

I would be very interested in hearing from you regarding the fact that A and L gave you no notice of closing your acount. Are they claiming that they did? They have done the same to me, and I wonder whether we could help each other. We could give evidence in each others cases.

 

Let me know what you think.

 

cheers

 

Jenny

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Hi Trimmo,

 

I issued proceedings under Part 8, which i think was the way to go but A and L objected and it is now proceeding under part 7 which is just a straight forward claim but gives them the right to put in a defence. I have amended my statement of claim, they said I had not particularised it properly, which is what they always say and am waiting for their defence.

 

I had a rather weak judge who just went along with what they asked because they were legally represented and I wasnt. I have posted my particulars on another thread on the A and L forum which you can look at.

 

The case wont get allocated to a track until the allocation stage, but should proceed under small claims. Hope this helps

 

cheers

 

Jenny

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Hi Jenny,

 

Can you advise me as to how I make the initial claim?

I've made claims using money claim online website, but I reckon this claim will be more complicated as I'm not asking for money to be paid to me rather that I owe A&L £500 (plus £600 in charges) and wish to settle the matter and have my credit file amended. Any assistance would be very gratefully received.

If you wish to PM me we could maybe discuss the situation in greater depth and possibly be of help to each other?

 

Cheers

Steve.

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Hi Steve,

I do not know how to PM, but happy to learn!

Have you got adverse marks on your credit file in relation to this? I am not sure what grounds you would have to issue proceedings if the debt of £500 is accepted by you. They are very unlikely to do any kind of deal to take off any default or late payment marks unless they have defaulted you without following procedures. What did you have in mind?

 

jenny

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  • 6 months later...

Hi toasted,

Sorry for the MASSIVELY delayed reply to this. I have just picked up again with A&L as I haven’t heard anything from them for over a year...so still battling on!

To answer your question, there was no correspondence at all other than a blanket letter to say they were awaiting the outcome of the court case, which of course did not address my challenge to them at all that they were actually in breach of OFT directions and the actually Banking Code that they agree to abide by!!!

 

How did your court case go? I fed up with A&L now and want to kick their ass...especially as they are now part of Santander who I used to work for....

 

Cheers

 

G

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Hi Guy

 

A and L agreed to remove the adverse markers from my credit file the day before their defence was due to be filed. They duly did so and my credit score is now restored to the maximum. I posted my particulars of claim on another thread but cant remember where! They didnt give a reason as to why they backed down. I did not pursue compensation as my only concern was my credit rating.

 

Good luck

 

Jenny

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Hey toasted,

 

Thats great news. Any chance you could tell me how to go about filing a claim against them and who with please?

 

I would like to follow your example and persue it (section 7 or 8 of what?)

 

Thanks

 

Guy

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