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    • Hi @LilMissM   I guess you could call me our resident CIFAS Specialist - Personally have been through all of what you have and now have come out the other side when my marker fell off in May 2023. For a start Monzo may close your account but as I had a Marker for App Fraud (Vodafone ended up making a whole hoohah of the account I had with them) - I was with them and still am from Oct 2017 till today. And not once did they close my account. I actually spoke to a couple of current account providers at the time that I had accounts with - Nationwide and Barclays - Told them what was going on and provided all the evidence to them. They advised they may do so but it was highly unlikely now that they understood why it happened and what I was doing to fight it.    Anyway - On to your marker. MCB is My Community Bank?  I can say to you that on experience that On Monday you can be on top of the world then on Tuesday you whole life changes in a flash of an eye. Suddenly you cant pay your bills, Work isnt feasible and you are left with no other choice but to scrape by.  If this has happened to you, then join the club.  - Why is this important? Well Financial institutions get one whiff of potential fraud and you are guilty without a chance to respond. You found out the hard way   If it sounds like I'm waffling, I'm not - Its important to your issue. They have deemed you guilty by the fact that no payments have been made and potentially entered into a loan agreement knowing looking not to pay (Although thats how it may appear, there will always be factors against that)    First off - Questions - What Category of Marker do you have? If unsure, check my signature for a Credit File Guide which will tell you all you need to know about what Categories apply.  - When did you raise the complaint? They will have 8 weeks to respond. More on this in a mo.  - Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan?   My next suggestions, Send this complaint to the CEOs office - CEOEMAIL.COM Let them make the decision as per the Complaint Procedure. Then if they refuse to remove the marker. take it to the FOS who can force the company to remove it if found in favour.  Some companies do need a slap or 2 once in a while to bring them down a peg. You could be looking at this right now.   
    • Other case law relied upon " On other record of reasons "
    • Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me
    • 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
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Almost statute Barred, now another DCA


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After getting a positive result last week in the court as to one of my past credit indiscretions, another pops up.

 

At the time i used my brothers business mailing address as i was Sofa Surfing. I had put the account into dispute with the original creditor. This was in 2009

 

In april last year i received a letter from a well know DCA phishing at my home address, i ignored it.

 

I have just received another letter by a another well known DCA

saying that they were given my new contact home address as they could not contact me at the mailing address.

 

 

They then ask if i am not the named person to contact them so they can update their records (Phishing exercise)

It is obvious DCA 1 has asked DCA 2 to collect on their behalf

 

This debt relates to a well known finance company who specialised in ripping off sub prime clients with APR and fees and is of a considerable some

 

This account becomes statute barred in september, another 8 months

 

Any advice will be welcomed as the last thing i am going to do is phone them

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Difficult to give specific advice unless you give more specific details, not least name names. We know most creditor / purchaser / DCA behaviours. Without background information we're simply guessing.

 

Don't imagine using a different address will help you. It won't. The owner can get a CCJ at the last address you gave the creditor whether you live there or not.

 

You don't need to respond to fishing. No point.

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My question is to fending off until it becomes statute barred in eight months

 

This is not debt evasion as that **** bag finance company ripped me off in every conceivable way knowing my financial circumstances. They have had more then there fair share pound of flesh off me

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The info in the first post shows that the new dca is on a phishing trip. Ignore 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

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  • 3 weeks later...

Update

 

 

Received another letter today from the DCA collecting on behalf of the original DCA. That being Robinson way. In the same envelope from Robinson way was a letter from the original DCA saying it has been passed to an external DCA (Robinson way) and that I am to negotiate affordable and a sustainable repayment plan

 

 

Who are Robinson way??

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Another silly DCA with no legal powers. I mean come on. bad debt being passed around. Now youve got a dca collecting on behalf of a dca etc etc.

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

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Just sit and wait if it get tricky then send off a CCA request if it was for a loan/cc/HP in the mean time watch out for the oldest trick in the book, which is for the DCA to issue against you at the LAST CONFIRMED address they had for you, therefore getting a CCJ by default

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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its simply to make you think it is going up a chain of command

or getting more serious or moving toward litigation.

 

 

the original DCa will be part of the same group.

 

 

all they've done id passed it to the next bloke at the next desk

in a diff coloured skirt

he has put a diff letterhead in the same printer.

 

 

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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  • 2 weeks later...

Another begging letter from Robbers Way saying the debt to their client (Another well known DCA) remains unpaid

 

These are not what I call threatening in nature, quite the opposite

 

They say the account remains unpaid and that they will bend over backwards to help me clear it.

 

This alleged debt becomes statute barred in six months and I suspect all they want is a nice friendly chat, and get me to acknowledge the debt as well no doubt.

 

Should I return this latest bit of spiel to Robbers Way saying not at this address??

 

 

That is true as I am moving Monday to Ireland.

 

 

This will time out for the next six months in them trying to trace me or should I leave well alone?

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Your best just ignoring them, i have ignored 1st Credit now for 7 years, Even now they still write to me now and again, I know it has been Statute Barred now for 2 years nearly, but the odd letter doesn't bother me

 

Personally, if they were going to take any real action, it would have happened a long time ago

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Notice of assignment only sent in Feb. Usual procedure is of course persuasion first, litigation or give up second, so it's early days, even if s b not far off.

 

CWK is remarkably keen not to name orig creditor although those who know Hoist's behaviours shouldn't have too much trouble identifying it anyway.

 

I wouldn't respond to anything from rw at this stage . . . as long as someone is able to keep an eye on mail, just in case they attempt CCJ by default.

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  • 2 months later...

Quick update

 

I have been ignoring a debt from Capquest that is quite large. I have been receiving letters from Robbersway saying they are acting for their client Capquest.

 

My brother took over my phone line when i moved and now Robbers way are phoning him asking for me, he never returns any messages as he had them chase him in the past. Only way they could have got that number will be experian when i did that 30 day trial. Only 5 people were aware of my home number.

 

Checking my Credit file this mornng the account through Capquest has been marked as settled, though still default status.

 

 

Have they sold it to Robbersway??

 

Last point, this debt becomes statute barred in four months and off my credit file in 9 months

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prob sold to the hoist group then

that would tally with the settled marked from cabot

 

 

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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as mentioned earlier in the thread robberway are hoist

 

 

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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We really cant say if they quick to litigate or not, CQ. You say it is a large amount, in which case they might not leave it too long to make contact.

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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.

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Are they still in default of your CCA request ?

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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I would be tempted to ignore unless/ until you receive a letter before action, saying we WILL issue

on such and such a date

 

at which point I would then send a CCA request

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