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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      That "oh dear" doesn't sound good  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      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 😕    
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      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  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Abbay Head office address?

gazza

By gazza
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gazza

gazza

Posted
Posted

What actual address does everyone use for Abbey head office(C/O anyone in particular?)?

I assume a non-PO box address is best?

Hoping to send first letter tomorrow.

Cheers

Gaz

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heppy23

heppy23

Posted
Posted

The head office address is

 

Abbey National PLC

Abbey National House

2 Triton Square

Regent’s Place

London

NW1 3AN

 

If you send it there it will end up where it needs to go. I am not 100% sure if it is best to send it to a more specific address unless you are sure it needs to go there otherwise there would be a delay (i.e. only use the DPA address to send a DPA request to)

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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  • 3 weeks later...
gazza

gazza

Posted
  • Author
Posted

*Re-posted, was in General section*

 

This from Abbey, but possible from any bank, I suppose...

 

We have put our preliminary letter in, and today putting our letter before action after the first 14 days expired.

 

Last Saturday we got a letter from a debt collection agency, with a 'final demand' for the total of our overdraft (£3k!) to be paid within 48 hours!

My wife rang and asked for time to pay/could we pay by installments or something. We were told (by a very rude person on the phone) no, nothing but full payment will be acceptable or court procedings will commence. We had to tell them to go ahead.

 

Any advice on what we could/should do, very gratefully received.

 

Cheers

Gaz

 

MODERATED post moved to original thread

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jonni2bad

jonni2bad

Posted
Posted

Send them a letter, posted special delivery, making it very clear that the amount owed is in dispute, and that any attempt to start a court action to recover the sum will be defended vigorously and you will make it clear to the courts that they have proceeded in the full knowledge that you contest them.

 

In the mean time, work out what you really do owe them (overdraft amount minus charges imposed) and offer to repay this amount in installments if you can't afford a one-off.

 

Then MAKE that payment, even if they refuse it!

 

It's a good idea to produce an income+expenditure sheet. Contact the CCCS on 0800 138 1111 for advice and assistance, or if you like I can email you my own spreadsheet with some guidance (please note I'm not a trained counsellor, but do have personal experience).

 

Good luck

  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Bookworm

Bookworm

Posted
Posted

Nice bully tactics...

 

How much are you claiming back?

 

1 - You need to get back to the collection agency and advise them that the amount is in dispute, which it is.

2 - You need to remind them that they have a duty to try and negotiate repayments rather than just heading for court.

 

If I were you, I would work out a repayment plan. Then, send them a cheque for 1st payment, with a letter covering the above points, and advising that you will keep on sending them the same amount weekly/monthly/whatever, at least until disputed amount has been sorted out, and will then reconsider terms accordingly. Try to insist that interest is frozen from now on until settlement.

If they cash the cheque, they can't then say "not acceptable, we're taking you to court", a judge would take a very dim view of that, considering that you made a valid attempt at concilation outside court.

HOWEVER. Once you have started repayments as per above, do not let it lapse or pay late. Make sure you pay what you can afford.

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gazza

gazza

Posted
  • Author
Posted

Thats all excellent advice!

We have been quite worried about what to do- as you'd imagine.

I will get straight onto it...

Cheers

Gaz

 

 

Edit: We are claiming back just over £4k now. With another account with over £1k of charges, that we will 'remember' having later....

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gazza

gazza

Posted
  • Author
Posted

In the mean time, work out what you really do owe them (overdraft amount minus charges imposed) and offer to repay this amount in installments if you can't afford a one-off.

 

Then MAKE that payment, even if they refuse it!

 

Good luck

Our OD is £3k but we are claiming over £4k back in charges, so would you suggest just saying that it is in dispute, and not offer to repay any?

Cheers

Gaz

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jonni2bad

jonni2bad

Posted
Posted

That's correct.

 

I had wrongly presumed there would be a negative figure, but in your case the whole amount is disputed. And then some!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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gazza

gazza

Posted
  • Author
Posted

UPDATE:

We have sent letters to the debt collection agency to inform them that we are disputing the amount(of our overdraft) with Abbey.

Also we have sent 'letter's before action' to Abbey and Halifax.

 

Question: What can one do if in the meantime (today) Abbey have added two more charges of £30 each? Do we just add it on if we go to court, or if a settlement is offered try to get those added? Or are we to wait and start again separately claiming for these (or any other future charges)?

 

Cheers

Gaz

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heppy23

heppy23

Posted
Posted

Just add them to the list. I am winding down my accounts with the abbey so I do not incur any more charges while the claim is going through. This is only so I don't have to go back and do another claim.

The £50 I have found out about today are there in black and white on the statement, I just wish I had kept old statements. Would have made things so much easier.

  • Confused 1

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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  • 2 weeks later...
jonni2bad

jonni2bad

Posted
Posted

It's in the Bank Templates Library, look for the Particulars of Claim threads near the top.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 4 weeks later...
gazza

gazza

Posted
  • Author
Posted

Hi again.

So, we (wife and I) had got to the stage of putting in a court claim on 2nd May after the preceeding letters had been sent at the recommended 14 day intervals.

 

Unfortunately, we weren't in the position, financially, to apply to the small claims court on the 2nd...until now.

My question being what should we do now? Just go straight ahead with the court claim- after all Abbey have had the 2 warnings then another almost 3 weeks since. Or should we now give another notification of our intention?

 

Thanks in advance.

Gaz

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ianc

ianc

Posted
Posted

In Abbey's T&C's they say they can call in an overdraft with 30 days notice. By calling it in within 48hrs, isn't this a breach of T&C's?

Abbey

Data Protection Act Request 14th March

Chaser sent 3rd April giving 20 days to respond

Request for Payment and Data Protection Act Failure letter sent 23/05/06

Full statements recieved end of May

Letter Before Action sent 13/06/06.

Claim amount - £1938 plus £288.79 interest

Claim submitted 28/06/06

Ref: 6QZ42158

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gazza

gazza

Posted
  • Author
Posted

That's a good point, but I 'bumped' in hope of some advice re. the last post/question by myself (err...that'd be the 3rd last post inc. this one).

:)

Cheers

Gaz

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NeilP

NeilP

Posted
Posted

Go ahead with the legal action, the fact that there is a delay between your time frame, and the actual time frame you have taken will not matter.

 

I have four other cases to fight, all have had DPA's, Prelim Letters and LBA Letters, and are now about 4 weeks after the deadline that i had given them.

 

I am in the same boat as you were, that it was not financially possible for me to launch these other claims until i received the money back from my first (with Abbey).

 

I am in court on Wednesday against Abbey's fight to put aside the Default Judgement that i have already won, and am expecting to see some money soon!

 

So, the short answer

 

GO FOR IT!!

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  • 8 months later...
gazza

gazza

Posted
  • Author
Posted

Just to let you all know that after a long layoff of chasing Abbey (due to some severe family and financial problems).

We eventually got as far as getting a court date with Abbey of 14th Feb.

Low and behold, on 1st feb we got a letter saying due to the legal costs Abbey would incur, blah blah they were going to SETTLE IN FULL FOR £3418 + expenses!

We got the cheque yesterday 6th Feb.

 

Many many thanks for all the info and advice given here.

 

 

 

 

Now we are going after Abbey again for 2 more accounts with close to £4k more of charges, and another 'layed off' dispute with Halifax for a couple of hundred £.

 

A question: Is it best to specifically mention to Abbey that they have already settled on 1 account when chasing these other 2? Or keeping it quiet?

 

Cheers

Gaz

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  • 12 years later...
gazza

gazza

Posted
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Posted

This topic was closed on 03/07/19.

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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