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    • 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
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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Been on the phone to Legal & General as I wanted to make sure I'm definately covered for HP items and after checking several times, he confirmed I am covered and went through the rest of the process. What type of proof will BH require? I've got my policy number already and my policy documents are being sent out by post.

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policy docs.

that state HP goods are covered

 

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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Dont give them originals.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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What exactly do they write onto the end of an agreement during a rewrite? I understand they push the arrears to the back of the agreement which extends it by how many weeks you've missed but what arrears are they?

 

Will they be sneaky enough to try and put OSC & DLC arrears into this too and if so how can i tell? With OSC & DLC being weekly services, I'm guessing they're in the wrong if they attempt this?

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You should not have any "arrears" on the insurance - the items aren't covered during that period from what I understand !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Does anyone know where you stand on getting an item fixed now that OSC and DLC has been removed?

 

 

The washer that I've had since April has developed a faulty selection knob

so it just spins without actually changing the desired cycle preset you wish to choose.

 

 

With it being a second hand item will BH even offer to help now or will they fob me off?

 

Thanks.

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Soga

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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HP goods if it don't work demand a replacement.

 

 

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

Phoned them and at first they were refusing stating that because i stripped my account bare of all covers

that it wasnt eligible for parts/labour or repairs and I'd have to pay for the repairs myself.

 

 

Then i mentioned the supply of goods act stating HP items must be fit for purpose and that i only got the item in April.

 

 

They put me on hold to check when i took out the agreement and then accepted it was within 12 months and a service call will be booked.

 

I felt almost nervous mentioning the supply of goods and challenging their initial decision as i'm not an confrontational person by nature

so it felt like stepping out of character but because of you guys backing up what i initially thought (item being able to be repaired because of soga) i thought stuff it lol

 

 

Thanks again for your help everyone.

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within 12mts, cheeky lot!

 

 

3-4yrs at least

 

 

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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if you request a refund instead of a repair, you may have enough money in refund to go and buy a new dryer from somewhere else, paying for it in cash and cancelling a brighthouse agreement which will save you money.

good luck!

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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They arent obliged to refund. Under SOGA its repair > replace > refund.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They arent obliged to refund. Under SOGA its repair > replace > refund.

 

Brighthouse products are HP, same as BAYV? If on HP, then my understanding is that if a product is faulty on HP, then they are entitled to a refund and are not entitled on a repair or replacement.

 

 

On discovery of a fault, the customer should reject the goods within a reasonable time to claim a refund.

 

The customer does not have the right to a repair or replacement, partial refund or price reduction in the event of a fault with hired goods or hire purchase items.

 

Above quoted from: http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

 

 

I have read many horrors concerning brighthouse and bayv and believe if a product is faulty then it is happy days since the customer can then choose a refund and hopefully have enough money from their refund to buy a new product elsewhere - whilst saving a lot of money by not being subjected to extortionate APR rates and insurances that are so expensive.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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I think its diff where they are the creditor & the retailer.

 

 

typically you can hit the finance company & the retailer separately and get the whole thing written off if you are lucky.

 

 

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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I think you have to advise the goods were faulty within 6 months of purchase for this to be seen as the goods were faulty on purchase.

 

They dont have to give you a full refund either as they can deduct for usage.

 

I went to the FOS and I only got back 50% of what I had paid becuase I had the benefit of using the goods -

a washer in my case which had broken down like 6 times but not until month 8 of hiring.

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  • 4 months later...

Wish I wasn't having to update this thread but now something else has popped up.

 

Since all this mess, we set up a plan where the money is instantly taken from the bank every Saturday

so i rarely even have to speak to BH these days.

 

Well today I've had a confidential leaflet dropped through the door saying I've missed a call and to contact the account manager which I did instantly.

 

The problem seems to be that payment was declined somehow and they attempted to phone me (I was working Saturday so missed it)

so I've now missed a weeks payment.

 

How this happened i don't know because I get working tax credits weekly which doesn't get touched

and is left in the bank for BH to take their payment.

 

The money is still in the bank for them to take so no unexpected bill has taken it before BH etc which I why I'm puzzled the payment was declined.

 

I'm guessing when I phone back tomorrow and I offer payment, they're going to want 2 weeks payment plus late fees

which I assume has risen since i last went in.

 

Will this also mess up my automatic payment plan?

 

Thanks.

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late fees are a penalty and unlawful and can be reclaimed or not paid.

 

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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Guest Ann-Marie at BrightHouse

Good Morning AcceptedWalnut

 

I am sorry to hear that there has been a problem with your recent payment

 

Can you contact our Customer Relations Department a call on 0800 526069 and a member of the team will be able to have a look into this for you.

 

Please keep the thread updated.

 

Kind Regards

 

Ann-Marie

Web Relations Team

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Speal to your bank first to find out if an attempt was made and if so, why it was refused.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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@Anne-Marie,

with my current work training and odd hours, i'm not finding it possible to get in store or phone

as it seems to fall outside your opening hours I'm afraid, I will explain what has happened since yesterday to see if anything can be sorted, thanks.

 

BH want a bank statement to check the money was there and if its a system error, then they'll waive the fee's and i can pay as normal.

 

Normally, i email over any documents they require which is was i done last night,

i emailed them a statement showing money in the bank ready to be taken over the period that payment was due out.

 

When my partner phoned them today to explain what i had done she was told they no longer accept emails

and I need to take a statement into store tomorrow at the latest which at the moment isn't possible

due to work commitments and the odd hours that i work.

 

The money is still there sat in the bank but I cant pay because they're asking for 2 weeks and late charges on top which I think is wrong.

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You dont need to provide a statement at all. If you want to, then redact every single bit of info apart from anything relating to them. Ignore their futile attempts at forcing you to pay a late charge. Jason and ann marie both know that they are unlawful charges, which is why they ignore anything we say about it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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All sorted now, managed to get the day off work so took a statement printout with me into BH and they retracted the fee's and i paid as normal.

 

Hoping this doesn't happen again cause i had no idea i'd missed payment and didnt even check the bank to see if BH payment had been taken.

 

:-)

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