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    • 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? 
    • 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.   
    • That "oh dear" doesn't sound good  
    • Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • 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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Backdoor CCJ - Lowell/Carter re:Shop Direct CAT debt - now +5yrs old - should i be worried?


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an unknown company has filed a CCJ against me for £756 at County Court Business Centre, at an old address.

 

However, none of my old debts are registered at this address so I cannot pin point it.

 

I have 3 settled debts which were settled a couple of years back so matching up the debts with the CCJ amount for £756,

I have an outstanding one for £734 but at a different address, it was applied on 06/10/2015

 

My debts are settled and closed barring 3 from Lowell which I think were for a catalogue

(I didn't pay because the interest versus monthly instalments didn't make sense and would be a vicious circle)

so I'm guessing it's one of these, but I'm not sure why they've sent it to an old address when the debts are registered to another of my addresses.

 

I see now these things never do go away and I'm willing to settle all 3 in one (if possible) as I'm now in a better position,

but my question was where do I go next to find out more about the CCJ?

One of them was over 6 years and I can't find it on my credit report to compare to the CCJ.

 

Do I now write to the courts and request more informations?

 

I've currently bookmarked a load of nationaldebtline pages to sift through which is daunting

but wanted to narrow down my search a bit as there's a few different wordings and templates.

 

Best regards.

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if you know the CCJ number

phone northants

 

 

why do you think you need to pay your debts off?

if they are shown as defaulted on your credit file

payin them wont clean your file.

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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Hi Dx,

 

The one's I knew I could clear, I paid off, but the one's (i.e I think these are Lowell one's) that I knew I couldn't clear, I left.

 

The only reason to pay off would be to clear the CCJ but as it was sent to an old address and now over 30 days,

I need to know more info such as if the court resets the 30 days (should I choose to pay the amount) as I'm now at a new address.

 

I'll call Northants first thing Monday, I'm guessing there's nothing I can say that will go against me?

 

Best regards

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forget the other debts for the moment

as lowells [the buyer listed on your credit file?]

know where you live...

 

the CCJ

is it a CCJ or is it a claimform?

 

what do you know.

 

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

Thanks once again for helping,

 

" Case number B5AQ****

County Court Judgment Active" This is what it shows on the credit report.

 

I keep most letters so will scour through them all to see if they've wrote to me at my current address,

so hopefully, after phoning the court I can pinpoint which company is chasing me.

 

Hoping that they've written to me at my new address but issued the CCJ at the old one.

 

Thanks.

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that's it you're learning.

 

if the claimant or their sols

even on another debt, wrote to you at your present address

then you've got a set aside basis,

but we'll need to delve further

and ofcourse find a defence that will hold up

 

but that's for later on

info gathering stage at present.

 

ideally, ALL your old addresses should show on your credit file

if they don't, then you need to update them.

 

not informing your creditors of a change of address

leaves you open for a backdoor CCJ.

 

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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Brilliant, thank you.

 

 

All my addresses show on all reports,

 

 

but I wouldn't have informed the CCJ claimant of my present address.

 

 

I will talk to the courts on Monday and update.

 

 

Appreciate the replies and have a good weekend.

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all you need is a copy of the CCJ from Northants

 

 

the rest can be dealt with once we have the info.

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

that s why I didn't advise that

TOL does not give you the POC nor the judgement or claimant etc

 

 

only way is by obtaining a copy of the CCJ.

 

 

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

Ok, I've spoken with the courts and have some useful information.

 

The debt is Lowell/Brian Carter, it was purchased in 2010. The court said they entered the CCJ by default, or something along those lines. They want £50 a month.

 

I'm currently on all 3 credit reports and nowhere can I see this debt.

 

I'm currently sifting through old letters to see if I can find if they've written to me at the current address, even though they claimed the CCJ against me at the older one.

 

The court explained it would be £150 for a hearing and couldn't really give me any information.

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Yep usual. Carter trick

 

What was the debt then?

 

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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nope nothing

 

thought it might be a cat or mobile debt.

 

get an sar running to shop direct

bet its mostly penalty fees and their ppi

 

when was it opened any idea?

 

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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Hey Dx,

 

What would I be hoping for on this?

 

I'm just reading up on it now. I never did sign any agreement with them, if that makes any difference.

 

It would have been opened around 2008/9. I'm going through old letters (They've got my new address, last letter seems to be 2014)

 

Aside from the basic information about this, what else should I be expecting to hear back?

 

Do I forget about Lowells/Carter/the courts for the time being

or would I send similar to Lowell's asking them to prove that I've made contact/payment within the last 6 years?

 

Once again, thanks.

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Hey Dx,

 

What would I be hoping for on this? - fees unlawfully levied and p'haps their version of PPI

and ofcourse payment history or your last use of the account

 

I'm just reading up on it now. I never did sign any agreement with them, if that makes any difference. - sadly no, its post Apr 2007

It would have been opened around 2008/9. I'm going through old letters (They've got my new address, last letter seems to be 2014)

- as it post apr 2007, then it would be automatic electronic sign up on your 1st order.

- so they knew your new address, that's promising, why did they file the CCJ against an old one - looking good for a set aside.

Aside from the basic information about this, what else should I be expecting to hear back? as above.

Do I forget about Lowells/Carter/the courts for the time being

or would I send similar to Lowell's asking them to prove that I've made contact/payment within the last 6 years?

- that's a diff one, the CCJ was attained within a month, they could get bailiff involved.

but nothing on the fact they've got the CCj from them yet?

 

Once again, thanks.

 

 

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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Lowells would have added their own fees etc but most will have been added by shop direct in late payment fees and possibly ppi, the SAR will show it all when you have all the relevant statements from shop direct

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Thank you, edited my post as realised I would be sending of different letters.

 

I'll get them sent out and see what they say and do some more reading.

 

I'll update hopefully once I've heard back.

Even though this may take some time (40 days to hear back) I don't need to worry about a time limit on response seeing as I wouldn't have known about the old letters/address?

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I'd not for the mo send anything to lowlife/carter

Might be a bit of a gamble

Let's see

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 just an update,

 

I've scoured through the letters and I have many, many letters from Lowell with the same debts.

 

The one in question is £559.57,

the CCJ is for £756.32 (inc fees) this has to be the one,

although from the looks of things the latest one I have is August 2014.

They have indeed written to my current address.

 

I'm going to sort out the SAR letter now for shopdirect.

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  • 1 month later...

A long awaited bump.

 

My request for the SAR has come back but they've not included what I'm after,

instead Shopdirect have told me they've been trying to reach me via telephone and email to discuss my SAR request, then they say;

 

"I can complete the DSAR but rather than sending you the unnecessary information I would be grateful if you could supply me with a current telephone number/email address and confirm when you would like me to contact you. Alternatively, contact me on (insert number), so we can proceed with your request.

 

If you require information regarding PPI only we can refund your £10 fee and give you full details on all accounts held with us."

 

What would be the best course of action here, obviously I need everything in writing but this has confused me somewhat.

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