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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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Aktiv Kapital claimform - MBNA card debt.***Claim Discontinued***


scousebird
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  • 4 months later...
  • Replies 60
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well 7+ months later........... they have found a copy of a signed document. [cant dispute - its real]

do i have any chance of stating they are out of time ?

or just bite the bullet ?

 

if i bite the bullet, they have bought the debt - any advice on % to offer for one off payment ?

 

thanks.

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well 7+ months later........... they have found a copy of a signed document. [cant dispute - its real]

do i have any chance of stating they are out of time ?

or just bite the bullet ?

 

if i bite the bullet, they have bought the debt - any advice on % to offer for one off payment ?

 

thanks.

Why is it always 7 months+ later the so called copy signed documents suddenly appear,

 

 

same happened to us couple of years ago, and A.K. involved at the time???????

 

A.K have a very (None) generious plans,

 

 

1. pay £x.xxx over 3 months, after which very small % discount up to 5+ years, look at their site = Pittance,

 

 

but who says the documennt is enforceable and any default notice correct = we are dealing with MBNA after all???

:mad2::-x:jaw::sad:
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hi there. Can you post up your cca? also give the low down on how far this has gone? Have you had a default notice etc. Let the team look to see if its enforceable? if not then put it into dispute.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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after looking around this site.......... had a rethink about what they have actually provided.

 

in one envelope came a copy of MBNA platinum plus credit card APPLICATION FORM which is filled in with my work details and address etc.

it shows that i was asking for the card to transfer an opening balance onto it.

it was signed by me 3 sept 1999 and their own date stamp is 15 sept 1999.

on reverse page standard blurb that does refer to the balance transfer rate under their flexibility column, along with rate charged for purchases; and illegible but what looks like the financial and related conditions.

 

in another envelope came copies of statements from around april to september 2012.

 

obviously they want me to pay ! so as per my original question - any idea of % to offer to settle??

assuming this signed Application is the correct document is it enforceable even though my CCA request was over 7+ months ago?

 

ok reading about how mbna have been known to photostat and shrink to fit T&C and make look as if part of original documentation...... it certainly seems to be the same sized document both application side and 2nd side with general blurb about the platinum card benefits.

 

principal cardholders request and declaration box [in the same area - but not in the same box as the signature:

asks them to issue me an MBNA credit card and additional person if i have requested it

its says i have received a copy of T&C and agree to be bound by them

it also says that after a credit check they reserve the right to issue a gold or standard card with a lower credit limit

[actual form is for a platinum plus card]

 

Application side in the bottom footer says.......

000053512 [left corner] issued by mbna, chester ch4 [centre] NP991017A*A31099 [right corner]

 

blurb side in bottom footer says.....

LA-10-99-3107-N

 

any one know if these codes are linked as front and back?

can i request to see the Original?

 

thanks !!

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any thoughts?

 

would like to know if it is worth replying along lines of they are out of time and put them to proof that the 2 separate copies belong together as one document?

 

Imo the out of time argument wont work but no harm writing to the judge to ask for a strike out I suppose. Judges tend to be lenient to the claimant in terms of deadline and the order was not an 'unless order'

 

Make sure you keep to your deadlines though

 

Oops, just re-read thread and think I got it confused with another similar one. Ignore last post.

 

Can I ask why you don't feel you owe this debt?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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  • 4 weeks later...
  • 2 years later...

due to ill health and increasing debt.... this MBNA issue got buried and forgotten............. until now.

 

i had no further letters from MBNA or Activ Kapital

- until this month but from another DCA PRAgroup. [so 2.5yrs gap]

 

they claim to have had written to me last month and spoken to me on numerous occasions - which they havent.

 

their letter is demanding payment/offers etc otherwise will issue Court proceedings.

 

am i right in thinking this is something they can do? or are they using bullying tactics.

 

i have mortgage arrears, CCJ's with payment plans agreed along with charges on the house........... so they are in a long queue.

 

just thought i would ask the question to see how i should respond to them.

 

EDIT... have since read another thread about MBNA/pra group

- and the lady had like me received a copy of the APPLICATION FORM after sending CCA request.

 

some replies indicated that an Application form is NOT the actual agreement.

[my post #23 #24 outlines what i received and my concerns about the validity of some pages].

Edited by scousebird
added in an EDIT note
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AK are now the PRA group same lot....

 

 

and I bet it does not say WILL anything

read it properly.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks DX.

quotes from letter... dated 2.12.15

 

"PRA group uk ltd; account ref"

we write further to the above and inform you that your account has not been transferred to the Investigations and Litigation department.

this is a letter before claim as required by the Practice Direction on pre action protocols, to give you notice of pra groups intention to issue court proceedings against you.

you should consider the contents of this letter and seek legal advice or contact.... free advice agencies.....

 

we specifically refer to paragraph 4 of the practice direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with practice direction.

 

you will recall that you entering into a written agreement no xxxxx on or about 8.9.99 with mbna. regulated by CCA 1974. the agreement obliged you to make payments however in breach of the agreement you failed to make those payments and are now in breach of the agreement.

 

by a notice of default the creditor required you to remedy the breach within the prescribed period and gave notice that in default of so doing you would be liable to pay the monies due and owing. however you didnt..... so liable to pay the creditor the sum of xxxx

 

by assignment in writing dated 23.10.12 the creditor assigned the debt to pra group - then by notice in writing pra wrote to you to notify you of the assignment. PRA group have made further written and oral requests for payment but you have not paid them the sum due and owing.

 

if after considering this letter you take the view that you do not owe £xxx then we look forward to receiving your reasons by you take that view plus supporting documentation.

We do not presently envisage the expert witness evidence will be needed in this claim.

this letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution [ADR].

in addition this letter triggers certain time limits that affect you.

1. you are expected to acknowledge and answer this letter by 17.12.15

2. you are expected to respond to the invitation to refer this matter to ADR by 17.12.15

 

we look forward to receiving your letter in reply responding to the claims made against you and/or setting out your proposals for settlement/payment. we are prepared to discuss repayment options if this assists you.

if we do not hear from you within the above time limits then court proceedings WILL be issued against you which may increase your liability for interest and costs.

if you have difficulty complying with the time limits please explain the problem to us asap and we will consider a reasonable request for an extension.

 

so there you have it!

a. not sure what practice direction, paragraph 4 is ?

b. first i have heard of pra group - thought it was assigned to AktivKapital [but dx you say are the same company!] so surely their wording is misleading?

c. they definitely have used the word WILL issue court proceedings.

 

thoughts/advice would be grateful.

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can you scan it up to PDF please

 

 

follow the upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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something fishy to wait all tis time.

 

 

so you sent an sar to MBNA all those years ago

got all the statements?

 

 

doesn't sound nice that letter .

 

 

when was the last CCA request to them?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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something fishy to wait all tis time.

 

 

so you sent an sar to MBNA all those years ago

got all the statements?

 

 

doesn't sound nice that letter .

 

 

when was the last CCA request to them?

 

 

dx

 

Only ever did a CCA request. To activ capital. Got an APPLICATION form returned and some statements. Not sure if i still have.....

this was all 2.5 years ago...

 

 

Thx.

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You also said in post #31 that AK sent you an application form in response to your CCA request.

 

Please can you scan in & edit out your personal information including any barcodes, agreement numbers etc and post up, DX100uk gives upload instructions in post #37.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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You also said in post #31 that AK sent you an application form in response to your CCA request.

 

Please can you scan in & edit out your personal information including any barcodes, agreement numbers etc and post up, DX100uk gives upload instructions in post #37.

 

Stigman

 

Apols for delay... only just seen this stigman.

not sure where papers are as life got very messy.

but yes they sent me papers after my CCA request.... when double checked it was a copy of my application but i was doubtful as to whether the two pages sent were actual front and backs and asked if the form references fitted with the date of application.

I had then seen elsewhere that application forms were disputed as agreements... so asked for opinions on this too.

 

I suppose this new contact seems more attacking and do others know if this is the new approach with court route....

and if so am i better dealing before court involved.

 

Thx

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time for a new cca request me thinks

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cca request always goes to whomever owns the debt or wants money out of you.

 

sar always goes to the original creditor.

 

read ALL the posts in each clickme thread FIRST

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Well

sent cca request.

Delivered 21.dec.15.

 

 

court forms received wed 30 dec (issue 24dec).

 

 

Spoke to dca as didnt want delay due to time frame..

 

 

He ack my letter and agreed to discontinue.

Until cca request complied with.

 

advised me to call court to confirm they received electronic discontinue request on monday after new year.

 

 

Do i still need to acknowledge court form by 14day to get leave to defend by 28 day...

 

 

.. or is discontinue automatic as i havent done acknowlgement yet.?

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why are you talking to a fleecing DCa on the phone?

 

 

 

 

I'd defend all on MCOL regardless

 

 

never trust a DCA..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am happy to acknowledge the claim but dont want to mess the discontinuance up.

 

I have also sent a recorded letter to the dca confirming his agreement to discontinue. Just as back up.

 

Does a discontinuance have to go in front of a judge...... or as done prior to any acknowledgement by me is it just a formality.

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you wont mess anything up

ack the claim defend all

 

 

whe/ if the COURT confirm its disc'd then that's when you can believe its true.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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