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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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    • 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.
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      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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Money back if on benefits


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If any 2 of the following apply to you...

*on low income

*tax credits

... *have a child under 5

*income support

*disability premium

*dla

please google 'warm home discounts' follwed by your electricity provider you will get a rebate of £120 by march this year and its easy to apply for.....

This is called warmer home discounts. Its government payments which they're not so quick to write and tell you about!

 

Link: Warm Home Discounts

Edited by ErikaPNP
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Thank you very much for this. I went straight to the DirectGov site and it seems I qualify (on Guaranteed Pension Credit). Site says I'll get the refund automatically from energy provider(and that I don't have to apply) but how does my energy provider (EON) know that I'm Guaranteed Pension Credit?

 

Then I tried to get onto the EON page for this via Google and it keeps coming up with "page not found". Anyone got any advice/info about this? Does it still apply if one has a pre-payment meter? I'm putting in about £18-£20 per week on both gas and electic, both provided by EON, and it seems an awful lot to me. That figure has only been over the winter, btw.

Edited by Marianne7
Spellings!
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Maybe you could try phoning your provider and asked to be put through, they ask a range of questions basically making sure you qualify. I have told many people about it and alot have got it, just to be on the safe side though i would ring them. If you dont ask you may not get.

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they dont make it easy for you do they,i have duel gas and electric and i`m on scottish power,i`v tried filling out the online application but its not accepting my account number ,i suppose this is because it states please enter account number for electric only,

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I've popped a link to information about the scheme into your post, Donna.

 

This is a further link about the Broader Group Schemes

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thank YOU, DDD ~ this info is very useful and I didn't know anything about it before your post came on.

 

I've now spoken to EON, told them how much money I'm getting thru' each week and how I could do with the vouchers they will (hopefully) send me asap. Very nice to get some money back, but if it doesn't come until it gets a bit warmer I won't really notice much benefit each week. It's definitely a good thing, but would've been so very useful before the cold weather set in. Don't mean to sound ungrateful.....

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I'll certainly ask SSE about it. No idea if I'll qualify as I'm still struggling to get passed the assessment rate of ESA. They have got me down as heat dependent. And a year or so back they kindly sent me a new key with £20 on it as I was struggling to keep the heating on! It would be very very helpful if I was eligible ...

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I tried for this, you can't get it if you have no dependents, not getting DLA, and are on the assessment rate.

I could do with it as well, I live in a ground floor flat in a Victorian built house with solid brick walls = no insulation, costs a fortune to heat, and is damp.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I'm not holding my breath, osdset (no pun intended), but it's worth an ask. Having a lung disease has made me highly susceptible to the cold. So far, I've not applied for DLA due to the hassles I've had just trying to get ESA to recognise my illness. All good fun...

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I'm not holding my breath, osdset (no pun intended), but it's worth an ask. Having a lung disease has made me highly susceptible to the cold. So far, I've not applied for DLA due to the hassles I've had just trying to get ESA to recognise my illness. All good fun...

 

Yeah, give it a go it costs nothing to ask, I find it a bit odd though those on assessment rate and with no other mitigating circumstances have less money to live on weekly, and can't get the rebate, does not seem very fair to me.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Yeah, give it a go it costs nothing to ask, I find it a bit odd though those on assessment rate and with no other mitigating circumstances have less money to live on weekly, and can't get the rebate, does not seem very fair to me.

 

It also looks like those who are on assessment rate will lose out on the cold weather payment if the temperature falls below zero degrees Celsius.

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I asked about it and was told as i was alrady on a "social tarrif" i wouldn't be getting it this year. As the social tarrif is due to end soon I'll be put on it next year. I pay about 600 to 700 a year on gas and electricity with my social tarrif. When I check out U switch and the like I get quotes of over a £1000 a year so even with the £120 back I'll still be worse of when they end my social tarrif.

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Yeah, give it a go it costs nothing to ask, I find it a bit odd though those on assessment rate and with no other mitigating circumstances have less money to live on weekly, and can't get the rebate, does not seem very fair to me.

 

I suspect the rationale is 'oh, you're on the assessment rate. That means you're being assessed. There is no decision either way as to whether you are actually ill or not. So no we can't give you xyz ...' :x

 

[26 months on the assessment rate and counting ... :( ]

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