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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      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? 
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      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.   
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      That "oh dear" doesn't sound good  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email 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? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

PastDue Credit Solutions chasing me for statue barred debt.

Ollymursfan
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Ollymursfan

Ollymursfan

Posted
Posted (edited)

[ATTACH=CONFIG]56956[/ATTACH]Hi there,

 

This is my first post here.

 

 

Firstly, I live in Scotland and know that after 5 years a debt is statue barred and after 6 years it drops off your credit report.

 

Six and a half years ago I had a 2nd job as an Ann Summers Party Rep.

I didn't pay off the rest of my account with them when I finished parties in Nov 2008.

 

 

Now this company has started to chase me for the money.

This account has NEVER shown on any of my credit reports.

 

I received first letter and as I knew it was over the time frame,

I replied with the statue barred letter from this website.

 

I today received another letter acknowledging my letter

and they have asked me to confirm details with them.

 

What should I do next?

 

I have attached the letters

Thanks for any help.

Edited by Ollymursfan
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Guest

Guest

Posted
Posted

seems no need to give them any details, is either barred or not, surely they can work that out without further details from you, its their claim to prove? why are they asking for data protection info! a barred letter doesnt require such?

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Ollymursfan

Ollymursfan

Posted
  • Author
Posted

I thought it was odd for them to ask that. I think they are possibly just phishing or stalling but unsure what to do next.

 

The address they provided was a previous address of mine but from almost 5 years ago.

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renegadeimp

renegadeimp

Posted
Posted

Dont confirm anything. Dont even reply to it. They cant do anything, and a settlement offer means they know very well its a bad debt.

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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Guest

Guest

Posted
Posted

The address they provided was a previous address of mine but from almost 5 years ago.

 

 

that might explain their letter then.

but, imo, ignore atm. let them work things out.

see what others say though :)

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Ollymursfan

Ollymursfan

Posted
  • Author
Posted

Do you think I should maybe send the 'prove it' letter?

 

My instinct is to ignore it as I know its over the 6 years so they cant enforce me to pay it.

 

And as its not showing at all and never has showed on any of my credit files, it wouldn't affect my credit rating.

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renegadeimp

renegadeimp

Posted
Posted

Dont send them anything. As i said, they know its a bad debt which is why they are offering a settlement issue. Even though they know that they could NEVER get a single penny from you, they will still try.

 

Also, if a DCA are continuing to chase you, despite knowing the debt is statute barred, they are in breach of their credit licence, and official guidelines on debt collection. You really need to report them. This isnt a one off thing for you. They do this as their business practice.

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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dx100uk

dx100uk

Posted
Posted

where were you resident when you started the rep work

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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dx100uk

dx100uk

Posted
Posted

and was that in Scotland?

 

 

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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dx100uk

dx100uk

Posted
Posted

then the debt is extinguished, dead, gone , parrot

 

 

it does not exist there is no debt to chase

 

 

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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renegadeimp

renegadeimp

Posted
Posted
So they are just trying their luck then.

 

Yes, but you need to report it. You could play with them and say " what debt? I live in scotland. No debt exists".

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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dx100uk

dx100uk

Posted
Posted
So they are just trying their luck then.

 

 

yep just as every DCA does

 

 

pay us some free money that goes direct to our pockets

so we can send out 10'000's more letters to find mugs to fleece

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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ericsbrother

ericsbrother

Posted
Posted

dont waste a stamp on relying, just let them waste their time and report them if they do persist. SB doesnt make the debt disappear, just impossible to enforce so they are entitled to ask you to pay 9until you tell them not to harass you thus). That is the point of the SB letter, they are then instantly aware that their action IS harassment if they continue.

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dx100uk

dx100uk

Posted
Posted
dont waste a stamp on relying, just let them waste their time and report them if they do persist. SB doesnt make the debt disappear, just impossible to enforce so they are entitled to ask you to pay 9until you tell them not to harass you thus). That is the point of the SB letter, they are then instantly aware that their action IS harassment if they continue.

 

 

the op is in Scotland

the debt is EXTINQUISHED TOTALLY

cannot even be chased

 

 

unlike E&W..

 

 

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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fkofilee

fkofilee

Posted
Posted

I would like to add regardless of it being SB or not SB (See what i did there? ^__^) ... PDCS are a no powers DCA that will NOT take you to court.

Imagine a dog with no fangs... There you go...

 

Ignore it... You dont need to give them any info...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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citizenB

citizenB

Posted
Posted

It is my understanding that unless they are told that the debt is statute barred and the OP will not be making any payment, then they do have the right to pursue. Once the OP has made it quite clear that it is SB and they wont be making payment, then any further pursuit can be classed as harassment !

 

Link to the SB letter for Scotland below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Letter-SCOTLAND-**Update-21st-April-2014**

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fkofilee

fkofilee

Posted
Posted
It is my understanding that unless they are told that the debt is statute barred and the OP will not be making any payment, then they do have the right to pursue. Once the OP has made it quite clear that it is SB and they wont be making payment, then any further pursuit can be classed as harassment !

 

Link to the SB letter for Scotland below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Letter-SCOTLAND-**Update-21st-April-2014**

 

CitB is correct, You must tell them its SB.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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renegadeimp

renegadeimp

Posted
Posted

Then ignore and report them.

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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