Jump to content


  • Tweets

  • Posts

    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
    • Massive potentially that payment has been made in some form as accompanying evidence to your financial difficulties.  And yes, but add some more zing to the email if it goes to the CEO - You need to make them understand what they have done. And telling the CEO  / MD of the biz what their actions have done to you - It adds to the complaint weighting.    
  • 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
        • Like

DEbt only just defaulted after yrs of '6' markers - is this fair?


darrenwillo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4110 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi looking in as requested by DX,

 

From all you say here no payment etc since 2005, 1. The default is unfairly placed. 2. THE default date is nor irrelevant as it's stat barred anyway.

Who has updated this record??

 

I'll draft a letter for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Replies 50
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Darren,

 

This situation is totally wrong, The ICO states that ''defaults should usually be placed within 6 months fom the cause of action, so that entry is unfair and must be removed. Also in my opinion the debt is already staute barred which Welcome in this instance must know,so this is a deliberate ploy to extend the ''life of adebt.

So I will address both points in the letter which is a ''Formal Complaint'' and has to be sent to The Data Controller at Welcome by recorded delivery, you need to check the date it's delivered. Use the head office address DO NOT USE A BOC NUMBER.

Also you will need to send a copy of the screenprint/ paper CRA entry with the letter for clarification. So!!

 

The Data Controller

Welcome.

 

Ref: use the Welcome ref: on the CRA if you don't have the account number.

 

FORMAL COMPLAINT/ Misuse of Credit Reference File/Statute Barred Account.

 

Sir,

 

Having recently checked my credit reference files held by xxxxxxxx credit reference agency I have found that Welcom have placed an entry for an account with a default date of xx xx 2012, as I have not received an intention to file a default notice or an actual default notice regarding the allged debt this entry must now be removed from all credit reference files as I do not acknowledge any debt to Welcome Finance.

 

Further to the above having check through my credit history I have concluded that 1. The alleged debt is Statute Barred and therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.

 

Should Welcome wish to contest the status of this alleged debt you are reminded that the onus of proof that the debt is NOT statute barred lies entirely with Welcome Finance it is not forme to prove that the allged debt is statute barred.

 

You will now cease to process all data relating to me and remove it from your records and you will confirm compliance within 7 days.

 

Now to the more serious matter of the obviously deliberate manipulation of data placed on credit reference files, as this allged debt is well passed the date when a default should be palce ie ''within 6 months of the cause of action'' (ICO Technical Guidance on Defaults) it is manifestly clear that this has been done to unlawfully extend the ''life'' of the allged debt is an attempt to recover it.

 

I demand that all entries made by Welcome Finance on ALL credit reference agency files are removed immediately as they are damageing to my credit profile.

 

I require Welcome to fully explain this manipulation of the data in writting together with confirmation of compliance with the Statute Barred alleged debt within 7 days of the date on this letter.

 

A complaint is to be sent to the Information Commissioners Office fortwith in regard to the manipulation of the data to obtain financial gain.

 

This letter is sent by recorded delivery and receipt will me checked..

 

 

That should shut them up!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

big do i send both to noodle exsperian an equifax thanks

 

Experian Equifax & call credit

 

Your very welcome please keep us up to date on this.

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Send the letter to Welcome addressed to the Data Controller this MUST br by recorded delivery so you can check when they receive it.

 

When you get a response then we can format a complaint to the Information Commissioners Office.

With the CRA's send a copy by snail mail to confirm the complaint.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

OK not a problem

 

Send by Royal Mail 1st class post and get free proof of posting.

They can take up to 8 weeks to reply but, this should easily be sorted quickly.

No voluntary return of the car should no have an impact.

Forget the reg not relevant now.

 

It is always best to use RM recorded delivery when making complaints like this, if you do use e-mail print off a hard copy.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Contact details on CRA websites. Yes keep copies of all letters etc get proof of posting and keep them all together we may have to refer to them later.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

It's highly unlikely that this will happen, but there is no obligation to discuss anything with any intinerant oik who turns up on the doostep, just tell them to leave immediately as all dealings MUST be in writting.

Has this ''visitor'' discussed anything with your mum? Who is the debt collection agency?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

DEA Assocites emm no don't phone do you have their address please?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Plan is to get as much info out of these people then blow em out of the water!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

brig if you have a mo i am working thriough my 20k debt 1 to 17 debt 2 of 17 is insurance would you mind popping in on that one when you have time please

thanks Darren

ok flag to remind me

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...