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    • That "oh dear" doesn't sound good  
    • Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email 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? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
    • 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.   
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hi i wonder if any one can help me im 7 months pregnant and have equita on my case for council tax, i am awiting my benifits to come though and am unenmpolyed so havent been able to pay set up a payment plan with one of the ballifs and now have a diffrent one banging at my door, please please help me.

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What council is this, and how much is the debt.

 

Email and phonethe council and ask how much is the Liability Order for, and when it was granted, also how many liability orders are there?

 

Also menuion that you are on benefits, and waiting for your Council tax benefit to be calculated.

 

ASlso mention that under the National Association of Enforcement Agency 2002 Guidelines, you may well be classed as vulnerable due to pregnancy, so that bailiff action may well be inappropriate in your case.

 

Get back to the forum with what they tell you, and record the call if you can

 

Others will be along soon

 

Above all there is nothing in law to say you have to deal with the bailiff

 

He cannot get locksmiths, the hammer of Thor or police to break in, do not let him in under any circumstances, he is an accomplished, bully, cheat, and, liar, so he doesn't need your toilet, phone (he has a mobile) or need water to take a blood pressure pill

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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What council are you dealing with

 

did the previous bailiff levy goods inside your home or your car if you have one

 

do you know the amount outstanding on the liability order(confirmed by the council)

 

have you been paying Equita

what fees have Equita charged

 

as you are 7 months pregnant and unemployed you may be classed as a vulnerable debtor

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm

Vulnerable situations

 

  • Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  • Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  • Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  • Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  • Those who might be potentially vulnerable include:
    • the elderly;
    • people with a disability;
    • the seriously ill;
    • the recently bereaved;
    • single parent families;
    • pregnant women;
    • unemployed people; and,
    • those who have obvious difficulty in understanding, speaking or reading English.

adapt this letter provide proof of benefit's add that you may be classed as vulnerable provide proof of your pregnancy and send recorded delivery to Equita and the revenues department of your council

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to
(seize/auction etc my goods.)
unless full payment of
(enter amount)
is made by return.

The purpose of this letter is to advise your company that I am in receipt of
(income support/jobseekers allowance)
and am enclosing as proof, a copy of
(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to
(local authority)
(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of
(my/our)
circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

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