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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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DPA disclosure request+statements


stooly
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Hi,

 

Having read the other posts in this forum I gather it is necessary to pay £10 for your DPA disclosure - can anyone tell me who I should make a cheque payable to, i.e. Natwest, the infamous Mr Higley, Mr Lyons the DP Manager, etc. I'd guess Natwest but I don't want to mess round sending stuff through recorded delivery more than I need to.

 

TIA, robb

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Phine the bank and ask them but it obviously won't be made out to a person will it? It will be the bank

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  • 2 weeks later...

I received my statements as a reply to my DPA disclosure request but am unsure from other posts whether this is the correct response as they imply that the two are related but different. Should I expect more data to arrive detailing manual intervention as I requested in my DPA disclosure request or start my claim now? The letter enclosed with the statements only mentioned that I could find my statements enclosed with the letter! Thanks Mr Higley for that useful insight...

 

Incidentally, the package I received my statements in from NatWest was an enormous brown envelope ripped in several places, which I gather from other posts appears to be standard practice. Pretty poor considering that it is personal data, though maybe they are just doing their bit in recycling raggedy old brown envelopes for the sake of the environment... ;)

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  • 2 weeks later...

Brief history; I sent DPA request along with £10 cheque on 16/03, NW sent statements arriving in pathetic packaging on 25/03. Follow-up DPA SAR sent on 03/04 asking for SAR as I thought that statements were not part of the SAR, in addition they had not detailed whether or not manual intervention had taken place. NW sent following reply 06/04;

 

 

Dear Mr xxxxxxxxx,

 

Data Protection Act - Subject Access Request

 

Thank you for your recent letter requesting personal data held about you by the Bank.

 

Any information required to be provided to you under Section 7 of the Data Protection Act will be forwarded to you at the above address as soon as possible.

 

Thank you for informing us of the condition of the packaging used to mail your statements; we can only apologise for this and will address the issue accordingly.

 

In the meantime we acknowledge receipt of your payment for £10.00 in respect of the fee.

 

If you have any queries relating to this matter please do not hesitate to contact me at the telephone number shown above.

 

Yours sincerely,

Joyce Tudor

Retail Regulatory Risk

 

 

 

Does this mean that the DPA clock starts now or when they pay the cheque in, or did it start when NW sent the statements!? I would phone Joyce about this but think that she'll probably have to get back to me...

 

MODERATED can you please keep to the one thread as this is for your benefit and the benefit of others following your case.

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It started from the day after you posted your request , as that will be when it was deemed they recieved it.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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mjanet - Thanks for the info. Will keep to this thread with updates...

 

Mr Higley promptly replied to my first letter of action (sent on the 3 March) on the 6 March to say that the charges were fair, reasonable and transparent BUT he asked his friend Mr Sinden at RBS to take a look anyway, although he didn't tell me he was doing this. Anyway, Mr Sinden took his time but a month later on the 6 April agreed with his friend Mr Higley and thought that penalty charges were also fair, reasonable and transparent and stated that "against this background, we must differ from the views expressed in your emails." (To this date I have never sent an email to either bank and don't even know their @ddress.) Despite this, Mr Sinden did not entirely agree with Mr Higley and thought that this was an "exceptional matter" and "as a gesture of goodwill" would refund my account with £30 and "close the account accordingly" but that this would be the "bank's final response."

 

Unfortunately, £30 won't cut it for the £270 in unfair charges accrued thus far and as the Bank's views differ from those expressed in my LETTERS, the time has come to serve NW. Hope I can get the baliffs in if, nay, when I win :)

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  • 2 weeks later...

Got some details re manual intervention and notes on my account on Saturday 15th April, though they are totally unrelated to penalty charges. However, a letter accompanying the notes says that "information held by other areas of the Bank will be sent to you seperately." Interesting reading through other threads where people have been asked to explain what manual intervention is - I sent the default letter from the forum library and then a follow up letter specifying a "Subject Access Request" several times, so it would appear that at least the Customer Collections Centre understood the message. Perhaps other areas of the Bank can't understand English, or maybe they are so swamped with these requests they are having to stall...

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Guest Lueeze

So have you waited longer than 40 days for this extra info?

 

if you have file a complaint with the IC

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So have you waited longer than 40 days for this extra info?

 

if you have file a complaint with the IC

 

I think they delivered the goods in time so I shall have to let them off in that respect, though I'm wondering if I would have a case for complaining to the IC about the packaging used as it was appalling!

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Thanks to the advice on the website I've had a great start to the day as I got the £419 I claimed for. After acknowledging last week they have now told me it will not be financially viable. Muhahahaha. Once the cheque clears I will definitely be making a donation for all the help. cheers!

 

one last question... the letter they sent says to inform the court immediately - does this mean using the moneyclaim system and then enter judgment by admission, or do I write to the court?

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Well it looks like they took my complaint seriously regarding the quality of the packaging they used to send me my statements, as on 25th April I received the SAR with all the data held on me by the Bank in an envelope that didn't look like it had been used a hundred times before AND it was delivered via courier. Needless to say it's a bit late as the Bank already settled! Anyway, can anyone help with my question in the post above dated 22nd April? TIA

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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