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    • 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
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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HSBC d&G taking me to court with no CCA **Discontinued***


TWW
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Agreed, but keep it concise, and as brief as possible.

 

Brig

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Just returned from the Lion's den. DJ gave the other side a hard time for irrelevant waffling then sent me off for 28 days to submit a detailed witness statement then 28 days for them to reply. Will this never end?

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You now need to get a fully particularised WS ready.

 

Andy

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Have to say that's a damn good Judge wan'ts the facts

before making his judgement, lucky really as lot will

take the easy way and listen to solicitors waffle.

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I'll wait to see exactly what he asks for but he did appear to know what he was talking about and he was taking no S*** from any 12 year old solicitor.

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I'll wait to see exactly what he asks for but he did appear to know what he was talking about and he was taking no S*** from any 12 year old solicitor.

 

:lol:

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It's no some much knowing the law the secret is in administering fairly.

The saying ''Rules are for the obedience of fool and the guidance of wise men''

was often quoted to me my studies years ago.:madgrin:

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  • 3 weeks later...

The judge seem to be well on your side,he's giving you the

opportunity to put all the evidence that you wanted to state at the first hearing.

So just plan it out as directed and you should be ok, I'm going to alert someone

who is good at formulating court docs, to help.

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Hi

 

Looking in as requested....I'm going to have a read of this thread and if it's OK I'll post some observations late this evening or tomorrow morning.

 

I have to say that you apear to hve hit upon a great Judge....he/she's given you chapter and verse on how to lay out and present your papers.

 

Others will no doubt give you their assistance too but I'm happy to help if I can.

 

Regards

 

ims

 

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Hi TWW

 

Responding to your PM

 

Its simply a WS as per my post 128 have you had experience in drafting these?

 

Andy

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Ah

 

I see you have Andy helping on this....Hi Andy.

 

This may be more up your street than mine but happy to give input as well

 

Not a problem IMS more hands/heads etc chip in.

 

 

Regards

 

ims

 

Andy

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I think I should be able to draft the WS. He's asked me to go into full detail about the meeting where I did not sign the CCA. He also kept saying that they may just say ' you had the money so pay it back'. I think that was a hint for me to prepare an argument against that approach. I'll post the draft WS when I've written it for comments.

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If you can do the main contents and points TWW then I will format it and check it over for you.

 

Regards

 

Andy

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Hi all.

 

This is the first draft of my WS. I have not included any of the legal stuff as the judge was very clear that he wanted to know what went on at that meeting. Comments please.

 

IN THE XXXXXXXXXXXXXXXX COUNTY COURT

 

CLAIM NO: XXXXXXXXXX

 

BETWEEN

HSBC BANKPLC

Claimant

And

XXXXXXXXXXXXXXXXX

Defendant

 

WITNESS STATEMENT OF

XXXXXXXXXXXXXXXXXX

 

I, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX SAY AS FOLLOWS:-

 

1. This statement refers to a meeting that took place between members of HSBC staff and myself at their branch located at XXXXXXXXXXXXXXXXXXXXX 2003 at 09:15. This statement is from my own recollections and the notes that I took at that meeting.

2. I arrived at the reception at 09:10 and asked for Mr XXXXXXXXXXX with whom I had an appointment.

3. Mr XXXX was already known to me as he opened my Company bank account no XXXXXXXXXXXXXX together with Company savings account XXXXXXXXXXXX and Company credit card XXXXXXXXXXXXXXX at a previous meeting on August 6th 2003 at the same branch.

4. Mr XXXXX and I had spoken on several occasions prior to this meeting and had a friendly business relationship. During one of these conversations we agreed to this meeting to open a personal Bank account to sit alongside my business ones.

5. The receptionist called through to Mr XXXXX who came out shortly afterwards and after shaking hands, he took me to a private office.

6. In this office he introduced me to a young lady called XXXXX who worked in their commercial department and I was told would be another point of contact if Mr XXXXX was not available. She also gave me a contact number of 0800 XXXXXXXX which I noted as she did not yet have any business cards.

7. Mr XXXXX asked if I wanted a drink and I asked for a cup of black coffee with no sugar which XXXXX went and got.

8. During this time Mr XXXXX and I discussed how my new business was progressing and if there was anything they could do to help. At the time I did not need any further assistance.

9. When XXXXX returned, Mr XXXXX opened a folder with the Bank account application forms, which had been partially completed from the details they already held about me.

10. I then completed and signed the application form.

11. I then handed the completed form together with the proof of Identity (driving licence) and proof of address (BT bill) which I had been asked to bring with me to Mr XXXXX.

12. Mr XXXXX then passed these documents to XXXXX who took them away to photocopy them.

13. Mr XXXX then handed me the originals of my documents together with a folder of information regarding the bank account, which I placed in my briefcase.

14. Having completed the business I then got up to leave.

15. As we were leaving the room, XXXXX asked if I had one of their credit cards, which I said I did not but it might be a good idea.

16. Mr XXXXX said that they would sort that out for me as they already had all of my details.

17. At no point during this meeting or since, have I ever signed a consumer credit agreement for account no XXXXXXXXXXX.

18. I then shook hands with XXXXX and Mr Loker escorted me out to the main lobby where we shook hands and I left the building at approximately 09:35.

STATEMENT OF TRUTH

 

I believe that the facts contained in this statement are true.

 

Signed

 

Dated

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Hi TWW

 

Was any paperwork ever forwarded in connected of the CC ie copy of agreement /cancellation details/ activation details?

 

Andy

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And there wasn't one included for your signature to return?

We could do with some help from you.

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