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    • Massive potentially that payment has been made in some form as accompanying evidence to your financial difficulties.     
    • I have just found an email (and checked and verified it on my MCB account online) and I did make a payment to them, but then obvs didn't after that. Will that make any difference to my case? 
    • 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  
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Moving away from my Payplan DMP


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All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not ICO guideline but my advise]

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

 

as post last post

if its been defaulted

and get removed it gone

  • Confused 1

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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  • 3 weeks later...

Hi

 

Ive had 2 responses - one says that the request needs to be signed and that i need to confirm the address on there (i used a parents address in case they dont have my real address)

 

the 2nd says its addressed to the wrong company and should be sent to moorgate - i sent it to the address as shown in my payplan list of creditors. This letter also says the request needs to be signed and that they want proof of my address?

 

So is it just a ploy to get a copy of my signature? im not sure what to do next

 

thanks

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oh dear falling apart already is all this supposed debt.

 

 

if you've sent the CCA request

with a £1 blank PO

you are correct

you DO NOT sign A CCA request.

so resend to Moorcroft.

who was the otherone too?

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

 

the other one is creation finance

 

so ill resend moorcroft ones (2 of )

 

shall i write back and tell them they have 12? days from original request to provide said info or ill report them to OFT- anyone else?

 

i dont need to provide my real address do i? or proof of bills etc?

 

from what ive been reading just now sounds like a stalling tactic

 

thanks

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on a CCA request

you ideally should be using the address where you currently live

 

 

no one said use a false address.

 

 

clock restarts

if they fail

no point in reporting or otherwise

simply consider the option of dropping payment to £1PCM

or none at all

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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  • 1 month later...

Hi

 

Well, i sent 7 requests, ive got 6 replies so far:

 

Santander have provided the details x 2, so have creation :-x

 

ive heard back from cabot and they have said they have requested the info from the original lender x 2 and that it can take 40 days?

 

moorgate (Paragon) have said no cca available but i still owe the money

and they have more or less tried to threaten a default,

"we will not be releasing you from any obligation"

but i already have a default and that comes off some time next year so they can go themselves :-D.

 

 

I had thought of writing and offering a token sum to mark the account as satisfied for the sake of my credit history.

 

Im hoping to hear back from the other Paragon account soon with the same story

 

So mostly dx

i want to say a massive thank you for your help and advice,

 

 

ive def saved a few £1000 if not nearly half of it,

ill have to wait and see if/when i get any other replies.

 

Questions:

 

i can apply to get any secondary defaults for the same account removed cant i?

 

do you think cabot are just stalling or do some companies take this long

and if so arent they breaking any rules that i can complain about

(only complain if it will do anything, no point otherwise)

 

thanks again

 

youre a star, i wish id known this years ago

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start a new thread foreach one that has had a CCA return and lets see the documentation

 

 

cabot always state 40days [they have 12+2 working days..end of}

 

 

the secondary default

as long as the date is the same as the OC

is not hurting you.

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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Cabot wrote the same "40 day" letter to me a bit back.

 

Quite a bit back; it was nearer to four and a half years back!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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start a new thread foreach one that has had a CCA return and lets see the documentation

 

 

cabot always state 40days [they have 12+2 working days..end of}

 

 

the secondary default

as long as the date is the same as the OC

is not hurting you.

 

oh, i thought they could add a 2nd default at a different date if i didnt keep up payplan payments ?

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thread tidied

 

 

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...

hi all

 

Thanks to the great advice ive received on here, ive done some CCA requests

and it seems out of my £21k debts around half cant take me to court

as they dont have an original copy of my agreement.

 

My debts were managed by payplan (they have been a complete disaster btw)

but now i am writing to my creditors to ask them if i can pay the money directly to them instead of via payplan.

 

 

As far as i know, payplan will only pay ALL my creditors, they wont just pay the ones with a CCA agreement for example.

So taty means they are no use to me anymore

and i should just offer my other creditors the same amounts.

 

So my question is,

 

 

does anyone have any advice doing this,

is there anything to watch out for?

or should i just be fine as long as i pay those i need to?

 

thanks

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yo simply cancel payplan .

 

 

as for doing it on your own

you don't have to inform your creditor first

just send whatever payments wee being made directly by your interweb portal

 

 

you have ofcourse had the CCA returns you think are acceptable checked first?

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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  • 4 weeks later...

Hi all

 

Thanks to the amazing help on this site, ive managed to find out that several of my creditors have no copy of my CCA so cant take me to court

 

I was paying my debts via payplan, but for a couple of reasons, 1 being how useless payplan have been _ and i mean USELESS! now i think ill just pay the ones who can still take me to court but ill pay them myself as AFAIK payplan will only pay all of your creditors, ie even if they cant take you to court (which seems to be defeating the object of helping people if you ask me!)

 

So my question is:

 

1 -whats the best way to pay them- is cheque ok, im just worried about them having any of my bank details so wanted to check

 

2 - Also, to my shock i saw that one of my creditors - Santander had added £1000 interest to my account not long ago- isnt there anything i can do to stop them keep adding interest- at this rate ill never be able to pay it off

 

thanks

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1. Pay via standing order ONLY.

 

2. If satans bank are still adding interest then drop payments down to £1 a month for the life of the debt.

They clearly have no knowledge of your financial circumstances, so there is a letter in the library that you should send them outlining your proposals for payment, and your financial hardship, and that if they fail to stop interest and charges, then you will pay them £1 a month for the life of the debt.

 

What is the account? Credit card,current account, over draft?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Baz.

 

I owe them 3 debts, 1 overdraft, and 2 loans

 

there should be a law against interest being added on debts, its bad enough having them without getting smacked for more interest all the time

 

thank you

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Couple of threads merged

 

Pay by your internet banking portal

The ones that have passed the CCA test and we have agreed and seen the CCA here

 

As for those still charging interest

You need to complain that they did not freeze int when PP were first involved

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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