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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.   
    • 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
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
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Child Tax Credit has mess up my claim ans have stopped payments


seanamarts
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I will try and make this as brief as possible,

15 year old niece has come to live with me, places a claim for ctc and chb

as from the 30th May 09.

Both have all info needed, chb took 12 weeks to complete all back dated no problems, now get full housing benefit.

CTC takes 4 and a half months to get sorted, only back pays 8 weeks, asked for an appeal to get all 20 weeks back dated, that is owed and was told it would.

Today I am informed that they have stopped the CTC over a week ago, didnt notice until bank statement came today. Some one has mistakenly put back my claim to the beginning of April instead of the end of may, have not been paid any of this money either but they have still stopped my CTC whilst they deal with this.

1, Can they stop my claim for their mistake

2, I have not been over paid in fact I am almost 400 pounds underpaid.

3, Is there anything I can do about this to get this money reinstated, I have been informed by CTC that it could take weeks to sort out

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1. Yes they can stop the claim if they made a mistake i'm afraid. It sounds like your claim has been terminated

2. The overpayment they are advising of will be due to the fact that the claim has been terminated. The overpayment itself shoudl disappear after the claim is reinstated.

3. If CTC have incorrectly terminated your claim, they should have sent a M1 (other), its an internal request to have a claim reinstated. These request can take a while to go through.

If the claim was terminated due to their error you may be entitled to manual payments. Speak to the helpline to see if they can arrange that for you. If they are unable to, then possibly a visit to your closest tax enquiry centre to request an emergency payment may help.

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Terminated !! Would this mean I have to start a new claim ? The last one took 4 and a half months to get sorted. Im still owed over £400.00 back payments. They certainly have incorrectly terminated my claim. I will get back on to them today to request manual payments as this is absolutely ridiculous. If it wasnt for the fact that I get DLA I would have had to of put my niece into care as I would not be able to afford her to stay with me, the whole reason why she is with me was to keep her out of the care system. in the first place.

They have cocked this up from the very start and still they cannot get it right, is there anyone that I can complain to this about.

Many thanks for your reply by the way :)

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The m1 they should have sent should mean that you do not have to reapply again. The M1 team will...if they can. Put the claim back into payment.

You can make a complaint to the tax credit processing office. As it seems to be a processing error, my advice would be to contact the tax credit helpline and ask for the address for making a complaint against the processing team.

The helpline can log a complaint for you, but that means having to go through a longer process. Agent--->Team Leader---->Complaints manager (who will nopt be able to deal with it and need to pass it on to the processing team. The complainst manager can take up to 15 days to do this)

Best advice is to get the address and write to them yourself. If you are unhappy with the response you get you can then go to the Ombudsman.

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Thanks for that, I have called them again yesterday to see what was happening and some one from the management team called me back a few hours later, they apologized for their error and have requested an emergency reinstatement which can take up to 4 weeks and all back dated payments will be issued at the same time. It was a computor glitch so I am told. many thanks for your help on this.... lets hope thois is case closed :)

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Remember if you are in financial trouble you can get an emergency payment from your local tax office. Normally approved by the manager there. Its normally about £50. But if your stuck it might help

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yes i did enquire about that and they agreed to pay out until my claim had been sorted, how ever it did mean that at the end of the tax year it would be classed as an over payment they also said that it could complicate matters further, so decided to wait, they have passed it through as urgent and should hear something at the end of next week, if i havnt then i am to call them and see what is holding it up

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