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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

      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.   
    • AndyOrch
      Appeal Bundles - Civil Appeals - Parcel Delivery Firms

      By AndyOrch · Posted

      Other case law relied upon " On other record of reasons "
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      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

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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

D&G No Win No Fee PI Claim solicitors have sent me a bill

innocentdevil

By innocentdevil
in Motor Insurance

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innocentdevil

innocentdevil

Posted
Posted

Hi,

Wonder someone can give me advice.

 

I was a passenger in a car that was involved in an accident last year Jan.

I went through a NO WIN NO FEE solicitors and the case has been on going for a long time till Nov 2011, they sent me a letter saying that they think the other party has some vital information and that they think, i might lose the case. They also then went on mentioning that if I wanted to go ahead, then it would be chargeable at their rates and that if they didn't hear anything back from me they will close the case.

I sent them an email back saying that because they aren't fighting my case on NO WIN NO FEE base any more, I do not want to pay the fees and would like for them to close my case with them and I will go with some other firm.

 

had a letter from them today with a bill to be paid within 28 days. advice please?

 

I have got letters from them which clearly said, it is a NO WIN NO FEE so how come they are wanting to charge me now.

 

It says in their bill, they are charging me for 18 letters, 5 phone calls, and 4 hours @ 150 per hour.

 

really need some quick advice.

 

I previously had a motorbike accident in 2008 and it was fought exactly in a same manner which i lost but i was never charged anything.

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42man

42man

Posted
Posted

They are either going to go bust soon or be closed by the MOJ....this seems very desparate. Who is the company ?

 

 

Dear Sir.

 

I am in receipt of your letter dated XXXXXX

 

For the record, I sent you an email on XXXXX stating that I did not want to pay anything whatsoever, I was also under the clear impression that your company were offering a NO WIN, NO FEE service, If I had at any stage known that you were attempting to mislead me into paying, then I would not have progressed at any stage, I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 

I will not be making any payment whatsoever, if you continue to harrass me then I will take the matter to the FOS/MOJ/OFT/SRA etc etc

 

I trust this makes my position completely clear

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Ganymede

Ganymede

Posted
Posted

If you were a passenger in a car how could you possible lose your claim? Is there any more to this?

 

Have you actually spoken to your solicitor? I suspect you have the bill as you said you were going to change to a new firm of solicitors. Any new firm will need to preserve a lein over your old solicitors costs and undertake pay them.

 

Have you found a new firm yet? Plenty on Google such as Injury Lawyers for You, First Personal Injury and national accident helpline etc etc.

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innocentdevil

innocentdevil

Posted
  • Author
Posted

thanks for the replies peeps. No, I haven't had a look around yet for a new firm.

 

The company name is Dunne & Gray

Yes, that is right. I was the passenger (back seat) in the car. A car hit from behind. My friend who was the driver took the details and we went on. Started the legal process. In November 2011, they sent me a letter which clearly stated that they(dunnegray) think that other party has some info(they won't say), which will mean that I lose my claim and in order for them(dunnegray) to proceed, they needed £1500 in my account.

 

I sent them an email saying, because you aren't dealing with a claim on NO WIN NO FEE basis, I do not want to go ahead with you and will go somewhere else.

 

and now this letter which says, they want £1547 off me for disbursements, medical reports, letters sent to me and phone calls (not even one phone call)

 

I would be sending this to them today. Also, would you advise if I call them and ask or should I just send the letter.

 

thanks

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Ganymede

Ganymede

Posted
Posted

Ha, I know Dunne & Gray. They are just down the road from my firm!

 

It sounds odd as you can't really lose if you're a passenger, unless there may be an indication of fraud.

 

Anyway, the terms of the CFA ('no win no fee' agreement) you signed will state that if you end the claim before you win or lose then you are responsible for D&Gs basic charges and disbursements.

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innocentdevil

innocentdevil

Posted
  • Author
Posted

thats what happened. They changed their terms and conditions from NO WIN NO FEE to charge me going forward.

I did ask them the reason but they only said that the company my original claim went through to them was known to be a bit dodgy and there may be an issue if I go forward hence why they wanted to charge me in going forward.

Regardless to say, I would have gone a head with a claim if they wouldn't have said they would charge me.

I am going to call them to discuss and post up what they have to say.

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innocentdevil

innocentdevil

Posted
  • Author
Posted

Update. I have rang them and spoke to a rude woman. Here is my exact conversation with her:

 

Me: I have received 2 letters from you, one saying the case will be closed and second with a bill amount of £1547

Her: Yes thats right

Me: Can you explain why am I being charged?

Her: you broke terms and conditions?

Me: what terms and conditions?

Her: I cannot tell you that.

Me: everything in my case was genuine and honest so I need to know what is the issue.

Her: i can't tell you that but if you are disputing it then write a letter to us and Mr Gray will get back to you about it.

Me: OK will do that then bye.

 

The template letter from 42man is spot on but could you or someone suggest some more changes so that I can send off a letter to them.

 

thanks

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National Debtline

National Debtline

Posted
Posted

Hello there, sorry to learn about your situation. You may also wis hto take this up with the Legal Ombudsman:

 

http://www.legalombudsman.org.uk/

 

Hope you can get things sorted,

 

NDL.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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innocentdevil

innocentdevil

Posted
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Posted

Yes, when they sent me the letter in november saying that they want £1500 off me before they go ahead with the claim (either £1500 or cancel) so I sent an email saying that " (exact wordings off my email) as you aren't dealing with my case on NO WIN NO FEE basis, I would like to cancel it and I will be seeking legal advise from someone else" .

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citizenB

citizenB

Posted
Posted

But isnt the issue that they first decided that they couldnt continue your claim without payment ?

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Guest

Guest

Posted
Posted (edited)

innocent

unfortunately, usually a no win/fee agreement would provide for a sol to end it if they 'believe' that they are 'unlikely' to win. in which case their disbursements may be payable. and an agreement would also provide for it to be ended by the client.

where a client cancels then sol may bill for basic charges as well as disbursements. maybe they wanted you to cancel, 'constructively'!?

check your agreement

but yes, can complain, get the full facts etc.

Edited by Ford
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innocentdevil

innocentdevil

Posted
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Posted

They didn't wanted to go ahead without charging me for the payment and the only option they gave me was either to pay to continue or to cancel it. so I went ahead to cancel it.

I would have continued my claim with them if they would have continued on NO WIN NO FEE basis. so they cancelled it.

The only information they have given me is that they have done their investigations and found out that the company which originally passed my details on to them had been known for fraudulent claims which led them to believe that my claim was same. The company known as CM Solutions doesn't exist anymore so I cannot contact them to find out what information they passed on to D&G on my behalf to put me into this position.

Could someone please put up a template letter for me for help as I am not good with that type of stuff.

Also, if I refuse to pay what are the consequences of it? I am thinking of going to FOS after I send them a letter of complaint.

 

Also, in there letter, it says if I don't pay up within 28 days, interest would be charged :(

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innocentdevil

innocentdevil

Posted
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this is the letter I am planning to post tomorrow.

 

To Whom It May Concern

Dear Sir.

 

I am in receipt of your letter dated XXXXXX

 

I received a letter in November (full date) where it was mentioned that due to the nature of the case, you were not going to deal with the case on a NO WIN NO FEE basis and hence, asked for £1500 before you could continue any further.

It was also stated that if you do not hear back from me within 2 weeks that you would assume the case to be closed.

I sent you an email on XXXXX stating that I did not want to pay anything and to close the case if you were no longer dealing with it under NO WIN NO FEE agreement, which we had.

I was also under the clear impression that your company were offering a NO WIN, NO FEE service, If I had at any stage known that you were attempting to mislead me into paying, then I would not have progressed at any stage.

I also state that had you not started to charge me for my claim, I would have gone ahead with the claim.

I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 

I will not be making any payment whatsoever, if you continue to harrass me then I will take the matter to the FOS/MOJ/OFT/SRA etc etc

 

I trust this makes my position completely clear.

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innocentdevil

innocentdevil

Posted
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Posted

thanks mate. below is the final draft i will be posting tomorrow.

Dear Sir.

 I am in receipt of your letter dated 22 Feb 2012.

 I received a letter in 28 November 2011 where it was mentioned that due to the nature of the case, you were not going to deal with the case on a NO WIN NO FEE basis and hence, asked for £1500 before you could continue any further.

It was also stated that if you do not hear back from me within 2 weeks that you would assume the case to be closed.

I sent you an email on 30/11/2011 stating that I did not want to pay anything and to close the case if you were no longer dealing with it under NO WIN NO FEE agreement, which we had.

I strongly believe that my claim has been mishandled.

I was also under the clear impression that your company were offering a NO WIN, NO FEE service, if I had at any stage known that you were attempting to mislead me into paying, and then I would not have progressed at any stage.

As you wanted to charge me for my claim, the only other option you gave me was to abandon it and now you have sent me a massive bill amount.

I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 I will not be making any payment whatsoever, if you continue to harass me then I will take the matter to the legal ombudsman/MOJ/OFT/SRA.

 I trust this makes my position completely clear.

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