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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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Dual insurance nightmare


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Two yrs ago I took out a new mortgage with a company called The mortgage works.

 

The broker that I used also got quotes for life / buildings & contents insurance for my new house,

which frankly i didnt need as i was able to increase the ones that i already had running.

 

I contacted the mortgage lender and told them this,

they were quite happy but explained that they would need to be a named interest on the policies.

I contacted the insureres and had their interest added & faxed the mortgage works this proof and thought that was an end to it!!

 

Wrong..

.in the first year of this new mortage the company failed to send us an end of year statement,

i contacted them only to be told that they had sent one, which i clearly had not received.

They would charge me £25 for the previdge of sendin another so i told them not to bother!

 

The next year I did receive the end of yr statement and low and behold they had been taking £35.00 per month

included in the mortgage payment for buildings & contents insurance.

 

I contacted them straight away and told them that this had been cancelled two yrs before.

 

They said that it had not and if i wanted it cancelled.

..yes you've guessed it they would charge me a £25 admin fee!

 

I refused to pay so they refused to cancel the policy, of course i had to back down.

 

Then came the problem of trying to claim back the premiums that they had been taking from me, in excess of £800.

Apparently this problem falls under 'dual insurance law', and my god have they run rings around me since November.

 

We have had every stalling question in the book,

what was the sum assured with the other company (Abbey) had we had any claims etc etc

each one of these by letter, and no two people in the whole company bothered to avail themselves of the problem.

This has meant me having to explain every time i ring them.

 

It is now April & I have still not received as much as an apology from them.

 

Apparently dual insurance law means that both insurers involved have to cough up 50% of any refund due.

This seems very odd to me as Abbey had done nothing wrong.

 

However I have learned today from Abbey that because we had a 'claim' on a garden wall back last June,

which in fact was not covered by the policy and we could not claim.

 

They still classify this as a claim, despite the fact that they did nothing except send out an assesor who said it wasnt covered!

 

This means that they do not have to give us back 50% of the total that we have dually paid,

so instead of receiving 50% of 24 months worth of premiums we are now only entitled to 50% of 4 months!!

Whats the betting that the mortage works will say the same??

 

So I am £800 out of pocket through no fault of my own,

and i still have a broken garden wall that cannot be claimed for on either policy!!

How in gods name can these companys get away with treating people like this, any ideas...I'm open to anything!

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Hi Rowan600,

 

Have you spoken to someone in authority at the mortgage works?

 

Do you have the original fax or letter stillon your PC, names of the people you have spoken to, the dates, advise given and all written correspondence?

 

If you have most of this, you should contact the CEO and demand the refund as it is their mistake.

 

If you are unsure how to word such a letter, I caould help you and get the names of people in the mortgage works to write to.

 

LOULA

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Hi!

 

More to follow after the kids bath, but you may want to quote this in your letter from TMW's website...

 

Commitment to Service

We are strongly committed to the highest quality customer service. As part of this commitment we have established strict standards of service aimed at providing you with:-

 

1 Excellent service;

 

2 Efficient administration of your account;

 

3 A personal and courteous response to your enquiries;

 

4 Absolute confidentiality.

 

Be back on line about 8 with your info

 

LOULA

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Evening,

 

Write to Matthew Wyles (have met him a couple of times and always found to be quite straight forward). He is the Group Development Officer at Portman Building Society and one of the Directors of the whole Group so covers the Mortgage Works as well. He is an ex Insurance person so knows the lie of the land.

 

As regards the Insurance Ombudsman, I suggest you write to Matthew first then if nothing satisfactory happens, follow this link, fill out the form and send it off.

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm#3

 

Good luck, if you need any further help you know where to find me

 

LOULA

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  • 2 months later...

Yes result!!!!!!!!!!!!!!!!!!!!!

I did as you suggested and constructed a very long and detailed account of this nightmare!

 

I have today received a cheque for total settlement of all the premiums that Mortgage Works have taken in error, they are not admitting that they are at fault of course but who cares,:) they couhged up, all i ever wanted was my money back, thank you heeps to all the moderators that advised me

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  • 1 year later...

I too have a dual insurance nightmare

... two years ago this month (November 2005) I took out a small mortgage with the Halifax, they offered me insurance, and I said no, I was happy with my insurer (Zurich).

 

Unbeknownst to me,

they took out insurance anyway on my behalf,

for buildings and contents with accidental damage,

about which I knew nothing until I received a renewal notice this month for the first time

- I received no renewal last November, whether through Halifax error or PO mess up, I can't say.

 

I sent the Halifax copies of my insurance with Zurich for 2005-2007, and have today received a letter which states that , as is 'normal practice' with such cases, they are providing me with a 50% refund which they will not credit to my bank account, but to my mortgage account.

 

I explained to the man that I spoke to that I fail to see why the Zurich should have to reimburse me, as their insurance was what I had chosen, and I had in any case now switched my insurance to Cornhill, so why should the Zurich reimburse me for a Halifax error?

 

 

In any case, the Halifax insurance was more expensive, so I was not getting a full refund .

.. all I got was a lot of flannel from the smooth operator in Dual Insurance at the Halifax,

at which I said that I would put my complaints in writing to the management of the Halifax.

 

I don't see why I should only get half and no interest refunded for what is neither my error nor the Zurich's ...

 

Is the Halifax actually allowed to rip me off this way?

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  • 11 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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