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    • 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.   
    • 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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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This is my first time using this site so sorry if this is in the wrong place... I have optional service cover on my laptop and it recently broke, so I took it back for them to send it off for repairs and they have had it for 28 days and I need it for work... So I was wondering if there was anyway to get a replacement or at least my payments froze till I get it back? Any help is greatly appreciated

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Hi, I myself am currently having problems with brighthose and right at this very moment in time am at my wits end,

I currently owe them £120 for about 6 weeks late payments, I was very ill at the beginning of the time i couldnt pay, and I subsequently lost my job, and am suffering from depression, and the way i am being treated certainly isnt helping matters.

I telephoned them when I was 2 weeks in arrears to inform them when my benefit was sorted, I would attempt to get upto date with my late payments, they told me I had to pay by the following monday....Which i couldnt afford, i offered to pay them in small installments, over my contracted weekly payment...big fat no....and now it has spiralled out of control

I have had the 'big bouncer type man' banging on my door on several occasions, and as we speak, he is there, and has been for about an hour in his van! I am not opening the door, but afraid he will still be there when my daughter comes home from school....I have had notes shoved through my letterbox, saying that they have come to collect the goods i have stolen from them...calling me a theif, and that they will be back later...WHAT CAN I DO? please someone put my mind at rest?

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Hi, I myself am currently having problems with brighthose and right at this very moment in time am at my wits end,

I currently owe them £120 for about 6 weeks late payments, I was very ill at the beginning of the time i couldnt pay, and I subsequently lost my job, and am suffering from depression, and the way i am being treated certainly isnt helping matters.

I telephoned them when I was 2 weeks in arrears to inform them when my benefit was sorted, I would attempt to get upto date with my late payments, they told me I had to pay by the following monday....Which i couldnt afford, i offered to pay them in small installments, over my contracted weekly payment...big fat no....and now it has spiralled out of control

I have had the 'big bouncer type man' banging on my door on several occasions, and as we speak, he is there, and has been for about an hour in his van! I am not opening the door, but afraid he will still be there when my daughter comes home from school....I have had notes shoved through my letterbox, saying that they have come to collect the goods i have stolen from them...calling me a theif, and that they will be back later...WHAT CAN I DO? please someone put my mind at rest?

 

I would say try and get a restraining order on them... Or phone the head office and try and work something out with them. and they cannot come Into your home and take stuff without a warrant or whatever it is... but I don't really know anything about this kind of stuff...

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This is my first time using this site so sorry if this is in the wrong place... I have optional service cover on my laptop and it recently broke, so I took it back for them to send it off for repairs and they have had it for 28 days and I need it for work... So I was wondering if there was anyway to get a replacement or at least my payments froze till I get it back? Any help is greatly appreciated

 

Hi mickymouse,

 

Usually when an item (such as a TV) is being repaired by BH, they can supply a "loaner" until yours is fixed. However, with laptops and PCs, BH's official position is that a "loaner" cannot be provided "due to the Data Protection Act". A "loaner" could hold information from a previous customer, which could potentially infringe their privacy. For that reason, loan computers are not given out. As for suspending your payments, unfortunately you are still under contract and need to maintain your payments to ensure that the OSC continues - if you were to stop paying, technically the insurance would lapse.

 

Sorry it's not the answer you were looking for but I hope it helps.

 

Hi, I myself am currently having problems with brighthose and right at this very moment in time am at my wits end,

I currently owe them £120 for about 6 weeks late payments, I was very ill at the beginning of the time i couldnt pay, and I subsequently lost my job, and am suffering from depression, and the way i am being treated certainly isnt helping matters.

I telephoned them when I was 2 weeks in arrears to inform them when my benefit was sorted, I would attempt to get upto date with my late payments, they told me I had to pay by the following monday....Which i couldnt afford, i offered to pay them in small installments, over my contracted weekly payment...big fat no....and now it has spiralled out of control

I have had the 'big bouncer type man' banging on my door on several occasions, and as we speak, he is there, and has been for about an hour in his van! I am not opening the door, but afraid he will still be there when my daughter comes home from school....I have had notes shoved through my letterbox, saying that they have come to collect the goods i have stolen from them...calling me a theif, and that they will be back later...WHAT CAN I DO? please someone put my mind at rest?

 

First of all Katvond, sorry to hear about your current situation - as a disabled man I can sympathise.

 

To the best of my knowledge BH DO NOT employ Bailiffs. They have a Debt Recovery team, but these do not have the same powers as a standard Bailiff.

 

How long have you had the item from BH, and how long was the contract? If you've had the item over a certain length of time, then it may well be under Protected Goods Status - this means that they CANNOT repossess the item without a Court Order. Check your contract, the details should be on there.

 

As for him sitting outside your property - that is harassment, plain and simple. If it continues, send a letter of complaint to both the store and Head Office - I would advise by Recorded Delivery so they cannot deny receipt of it.

 

Let us know how it goes.

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Hi mickymouse,

 

Usually when an item (such as a TV) is being repaired by BH, they can supply a "loaner" until yours is fixed. However, with laptops and PCs, BH's official position is that a "loaner" cannot be provided "due to the Data Protection Act". A "loaner" could hold information from a previous customer, which could potentially infringe their privacy. For that reason, loan computers are not given out. As for suspending your payments, unfortunately you are still under contract and need to maintain your payments to ensure that the OSC continues - if you were to stop paying, technically the insurance would lapse.

 

But I'm sure I seen something about a law saying that they can only have my laptop for a reasonable amount of time... It's been about 35 days now and I need it for training and helping me find work... Am I right about this law?

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How old is the laptop ? as the osc issue could well be completely irrelevant here, as the goods should be of a good quality and last for a reasonable period of time (or something like that) ....

 

Only about a year... It's broke twice so far... It was turning itself off as soon as I turn it on...

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