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    • 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.    
    • I have just found an email (and checked and verified it on my MCB account online) and I did make a payment to them, but then obvs didn't after that. Will that make any difference to my case? 
    • This is what I have said in my email of complaint:   On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I have found myself in financial difficulty and I contacted you on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months and I fully explained why I was requesting this and asked for your help. 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 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 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 remove the Cifas marker and let me make arrangements to pay the loan back through a DMP. If you fail to resolve my complaint within 8 weeks, or if matters are not settled to my satisfaction, I will have no alternative but to refer my complaint to the Financial Ombudsman Service. I look forward to hearing from you. Yours faithfully, Should I send something along those lines to the CEO? 
    • Right... Misuse of Facility is a Cat 6 and is considered the worst out of all of the CIFAS Categories for CIFAS Markers.  However lets see what happens when MCB come back to you. Make sure you refer it to the CEO.    IF YOU DONT HAVE A VALID REASON FOR THE ISSUE WITH PAYMENTS ETC - Then the marker will stay.   
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Full Final Settlement offer - MINT


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Remedy solution to fix it? or just a continuing oversight?

 

Needs thought, imo I want to read the whole thread again!

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here is the CCA request

 

whomever you are pAYING bar bank accounts send them one.

 

I think you'll be rather surprised

 

or mores

the point annoyed.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

post the two off by !st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

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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just to clarify

 

cca requests goto the ones that are being thru the DMP. i'e Barclays etc

whomever is getting money from the plan.

 

use a blank £1PO etc etc as advised in the post

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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Share on other sites

here is the CCA request

 

whomever you are pAYING bar bank accounts send them one.

 

I think you'll be rather surprised

 

or mores

the point annoyed.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

post the two off by !st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

Hi DX,

 

OK so I must send this to each one of my creditors, regardless that I have sent them FF offer?

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yes I would.

 

p'haps start a new thread in the named bank forum of the original creditor

as each is returned [or not]

 

they have 12+2 WORKING days]

 

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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yes I would.

 

p'haps start a new thread in the named bank forum of the original creditor

as each is returned [or not]

 

they have 12+2 WORKING days]

 

dx

 

I shall get this going. By doing so what do we expect to find out, that more of it is a sell out?

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if the debt is enforceable!!

 

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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Share on other sites

if the debt is enforceable!!

 

dx

 

But from my standpoint these are real debts as I've got myself into the situation,

so by asking the creditors or DCAs something I already know seems odd.

 

The part you say enforceable,

I assume you refer to them bullying me into paying more than the debt is worth?

 

In which case CCA follow up is an essential move before any monies is sent there way

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no its a legal requirement for anyone demanding money from you

under an agreement regulated by the consumer credit act, to hold

an enforceable copy of said agreement signed by you.

 

if/if not the demanded balance is correct or not

at this stage is immaterial.

 

typically where you get debts sold on by the original creditor

this is an indication there is something WRONG with the debt

 

thus they writ it off

 

pop it on a phishing list

 

and sell the problem on.

 

as with all debts, it a matter o fan information gathering exercise

 

never ever assume what is written in letters by dca's

or even worse heard on the phone is CORRECT.

 

ALL the DCA's are concerned in is getting money out of you.

 

they don't care about your rights/the law/the guidelines

if they can get away with fleecing someone

they will use ANY method to secure payment.

 

just look where your money to a dca goes:

 

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

dx

  • Confused 1

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... 

Link to post
Share on other sites

no its a legal requirement for anyone demanding money from you

under an agreement regulated by the consumer credit act, to hold

an enforceable copy of said agreement signed by you.

 

if/if not the demanded balance is correct or not

at this stage is immaterial.

 

typically where you get debts sold on by the original creditor

this is an indication there is something WRONG with the debt

 

thus they writ it off

 

pop it on a phishing list

 

and sell the problem on.

 

as with all debts, it a matter o fan information gathering exercise

 

never ever assume what is written in letters by dca's

or even worse heard on the phone is CORRECT.

 

ALL the DCA's are concerned in is getting money out of you.

 

they don't care about your rights/the law/the guidelines

if they can get away with fleecing someone

they will use ANY method to secure payment.

 

just look where your money to a dca goes:

 

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

dx

 

OK I have blank £1 postal orders, so in the 'Pay' section leave it blank and just write on the back for statutory £1 CCA FEE ONLY - correct?

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yes that's what the advise says.....

 

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... 

Link to post
Share on other sites

Photocopy the PO with the endorsement re the stat fee.

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:

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Share on other sites

if they are offering any kind of discount = ignore the debt

 

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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Share on other sites

yes sri that should have been one of the first things we told you to do.

 

don't 'blindly' start paying anyone again

await the letters to flood in.

 

well deal with them debt by debt

 

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... 

Link to post
Share on other sites

write to the dmp and cancel

 

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... 

Link to post
Share on other sites

no

 

not until we check each debt

 

await the letters

 

then we cca them as necessary

 

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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