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    • If it is MCB    National Fraud Database Members | Preventing Fraud Losses | Cifas WWW.CIFAS.ORG.UK A range of organisations use the National Fraud Database to share data on confirmed fraud cases, preventing over £1 billion in fraud losses every year.   They are on the register  
    • 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
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Charge on My House


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Hi,

 

I have two or three charges on my home as a result of unsecured (credit card) debt from about 10 years ago.

 

These charges do not appear on my credit report as they are over 6 years old.

However, if I try to sell my home, can the creditors (who are all debt purchasing companies and who all bought the debtor account for pennies on the pound and then turned it into a secured charge through a CCJ) impose the charge and block the sale of the property unless I pay them the full sum of the old debt?

 

I'd really like to know where I stand on this

, as I have my mum's care home bills to pay as well as my own living expenses.

 

Thanks.

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charging orders?

see the charging orders sticky for eg

they prob wont block a sale, rather just try and get their payment upon sale, if applicable.

need to state what type of interest the charges relate to.

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Hi,

 

I have two or three charges on my home as a result of unsecured (credit card) debt from about 10 years ago. These charges do not appear on my credit report as they are over 6 years old. However, if I try to sell my home, can the creditors (who are all debt purchasing companies and who all bought the debtor account for pennies on the pound and then turned it into a secured charge through a CCJ) impose the charge and block the sale of the property unless I pay them the full sum of the old debt?

 

I'd really like to know where I stand on this, as I have my mum's care home bills to pay as well as my own living expenses.

 

Thanks.

 

They may require an undertaking from your conveyancer that they will be paid from the proceeds of sale, as part of allowing the sale to proceed (the same way a mortgage company does for the outstanding mortgage settlement figure)

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Is the house in joint names?

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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The house is not in joint names, just mine.

 

What I wanted to know was that, if my credit score is clear (which it is completely) because the debts are over 6 years old, how can these charges still be invoked upon sale of the house?

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The house is not in joint names, just mine.

 

What I wanted to know was that, if my credit score is clear (which it is completely) because the debts are over 6 years old, how can these charges still be invoked upon sale of the house?

 

Yes. A charging order (if registered at the Land Registry) doesn't expire at 6 years, in the same way a CCJ* doesn't expire (even if no longer shown on a credit report).

 

* Yes, a CCJ would need the court's permission to enforce after 6 years, but it hasn't actually expired.

A charging order wouldn't need the court's permission to enforce after 6 years, unlike a CCJ.

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So a charging order would legally allow a debt purchasing company

who bought a debt 10 years ago for 3p on the pound

to extort 33 times the cost of what they paid for the (originally unsecured) debt

from the sale of my home

which I have worked to pay the mortgage for 20 years?

 

Is that right?

Is that legal?

Is that ethical?

Is that honest?

 

This is not right.

 

I want to be able to buy the debt back for 50% of what the last debt purchasing company paid for it.

It think that's fair.

 

Otherwise I face a retirement of poverty and want.

 

Is there no legislation in place that will defeat this stupid calumny?

 

I thought we were a civilised country?

Clearly not.

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So a charging order would legally allow a debt purchasing company

who bought a debt 10 years ago for 3p on the pound

to extort 33 times the cost of what they paid for the (originally unsecured) debt

from the sale of my home

which I have worked to pay the mortgage for 20 years?

 

Is that right? no

Is that legal? sadly yes

Is that ethical? they don't care

Is that honest? they don't care

This is not right.

 

I want to be able to buy the debt back for 50% of what the last debt purchasing company paid for it.

It think that's fair. - wont ever happen

 

Otherwise I face a retirement of poverty and want.

 

Is there no legislation in place that will defeat this stupid calumny?

- well there was yes, why didn't you defend the CCJ?

 

I thought we were a civilised country?

Clearly not.

 

always been that way

 

that's why DCA's make and portfolios [the phishing lists]

change hands for so much money

 

but yes its all bogus in a way.

 

but sorry if you didn't defend the judgements

then its of your own doing????

 

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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that's why I used ???

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

 

but sorry if you didn't defend the judgements

then its of your own doing????

 

dx

 

as above IF you didn't defend

not assuming you didn't

 

thus you say you did..

 

sadly we see so many CCJ's / CO's are the result of not defending.

 

shame you didnt discover cag all those years ago

i'm sure we could have helped avoid the CCJ's/CO's

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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Yes, indeed it is a shame I had not discovered CAG and the other useful resources, some of which, of course, were not available then.

 

I defended it but could not afford a lawyer. I turned up at court and conducted my own defence, but the debt purchasing company had hired a barrister who was able to convince the judge (or, let's face it, a stipendiary magistrate) that I was wrong and the debt purchasing spiv was right.

 

This resulted in the injustice which persists to day.

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