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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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Marlin say court claim on the way for HSBC account not mine!


kbecksarch
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Thanks

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Hi

 

Received a letter from weightmans saying they have issued court proceedings against me.

 

I have know about this for a few years and queried it at the time as we didn't owe it.

 

 

Didn't hear anything until a couple of months ago.

 

 

We didn't.

 

 

Contact them and assumed they would bother someone else.

 

After today's letter I checked my credit file and their entry looks odd (no history on account just default)

 

Is this a normal entry?

 

Any help please

:p kbecksarch:p

Sally

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Hi

 

Received a letter from weightmans saying they have issued court proceedings against me.

 

I have know about this for a few years and queried it at the time as we didn't owe it. Didn't hear anything until a couple of months ago. We didn't. Contact them and assumed they would bother someone else.

 

After today's letter I checked my credit file and their entry looks odd (no history on account just default)

 

Is this a normal entry?

 

Any help please

 

Hi. Yes the entry looks quite normal !

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The 'history' would be down to the creditors system of reporting, what is the debt for.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It says it's a bank account?

 

What is the name of the company that placed the entry?

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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According to a letter today yes they have issued a court claim. Not sure what to do

Thanks again

 

Have you actually received a County Court Claim Pack? Or are Marlin saying that they are going to issue a claim?

Is this your debt, were you aware of the sale of the debt to Marlin some history will help to get you proper full advice,

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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Have you actually received a County Court Claim Pack? Or are Marlin saying that they are going to issue a claim?

Is this your debt, were you aware of the sale of the debt to Marlin some history will help to get you proper full advice,

 

 

Awaiting claim pack (stated in letter we will receive soon)

Not our debt

First we ever knew was a couple of years ago when we received a letter from Marlin.

We sent a letter saying we didn't owe the money could they please correct the issue as we assumed they have the wrong people. Said that they would deal with it and passed onto another debt collector.

And the cycle continues, we say we don't owe, they said they will deal with it but just pass it on. Until now

:p kbecksarch:p

Sally

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OK for clarification please:

1. You have never had an HSBC account or an account with any company in the HSBC group e.g. First Direct?

2. What steps did you take the first time Marlin contacted you.

(a). A letter requiring proof the debt is yours?

(b). A letter denying any liability for the debt?:

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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OK for clarification please:

1. You have never had an HSBC account or an account with any company in the HSBC group e.g. First Direct?

2. What steps did you take the first time Marlin contacted you.

(a). A letter requiring proof the debt is yours?

(b). A letter denying any liability for the debt?:

 

1) Yes we closed our HSBC current account which is listed as a different file and all in good order (as it should be)

2) We sent a letter stating the debt was not ours

:p kbecksarch:p

Sally

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1) Yes we closed our HSBC current account which is listed as a different file and all in good order (as it should be)

2) We sent a letter stating the debt was not ours

 

OK Just going to take a look at something then I'll see if we can stop this in its tracks.

  • Confused 1

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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can you scan up the letter you have received please

 

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..jut upload it ..job done

.

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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OK this letter should be sent by recorded/signed for post .

 

Private and Confidential

 

Mr Jon B Sinclair

CEO Marlin Group

 

address as on their letter:

 

Date:...............:

 

Ref: use the one on their letters.

 

 

Formal Complaint:

 

Dear Mr Sinclair,

 

I write in regard to an alleged debt originating from an account with HSBC in the sum of £xxxx.xx please take note I/we do not acknowledge any debt to Marlin or any company it may claim to represent.

 

Marlin are making threats of court action on this account which is to our knowledge settled and with no outstanding balance.

 

Marlin first contacted us on xx.xx.xxxx and were given this information and we believe passed this matter to another debt collection agency.

 

Please not that no further contact has been made by Marlin until this current threat of court action.

 

Marlin have failed to prove that I/we are liable for the alleged debt and any court claim will be rigorously defended.

 

I know expect and require Marlin to cease all action, fully investigate this matter and respond within 56 days of the date of this 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:

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well you DONT return anything to weightmans thats for sure!

 

 

to the court but once you ack it

you'll have 33days I think to send your defence

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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Oh, was my post deleted? I'd suggested an amendment to the letter but it seems the letter has just been amended and my post deleted. Can someone just confirm I'm not going mad? :-)

you made no post here MM

 

 

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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tell us about the debt please

 

 

what is it

when did you take it out

when did you last pay

have you ever requested paperwork...i'e CCA?

 

 

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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Ah, yes. I am going mad because the letter wasn't amended, perhaps my post got lost in the ether! I think the letter should be amended so that it doesn't say that the balance was paid in full when the OP's case is that it's not a debt he knows anything about.

 

Got there in the end!

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