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    • 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
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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DMP - Confused whether to go for Full and Final or CCA??


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We currently have about £6k outstanding of a DMP we have with Stepchange.

 

 

We have been repaying for about 11 years and had 1 year left

except my wife lost her job which knocked the payment right down

and now some of the creditors are starting to harass us.

 

 

BIggest concern is Barclaycard.

 

My parents have offered us £1800 to act as a full and final settlement

but looking around I came across this forum and 'Cash cowing'.

 

Now i'm concerned what the best way forward is.

 

Debts are:

WESCOT CREDIT SE... £1,331.49

LLOYDS BANK PLC £1,245.25

LLOYDS TSB CARDS... £1,106.58

MOORCROFT DEBT R... £457.56

CABOT FINANCIAL ... £365.77

WESCOT CREDIT SE... £339.64

WESCOT CREDIT SE... £325.57

BARCLAYCARD £324.52

Wescot Credit se... £261.24

 

What is the best way forward?

I remember CCA'ing Barclaycard previsously and they have the original agreements as do Lloyds.

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Basically in order

 

WESCOT CREDIT SE... £1,331.49 - Loan

LLOYDS BANK PLC £1,245.25- Loan

LLOYDS TSB CARDS... £1,106.58 - Credit Card

MOORCROFT DEBT R... £457.56 - Loan (Former Egg)

CABOT FINANCIAL ... £365.77 - Barclaycard (acting as agents)

WESCOT CREDIT SE... £339.64 - Credit Card

WESCOT CREDIT SE... £325.57 - Former Overdraft

BARCLAYCARD £324.52 - Credit Card

Wescot Credit se... £261.24 - Credit Card

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Be weary of Cabot... they do do Court... But bare in mind if you have been paying and they try court... Then an I+E showing what you can afford will put them in their place.

Did you CCA Each one?

 

We could do with some help from you.

 

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

 

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Receptaculum Ignis

 

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Not each one, this was done a while ago when we were reclaimng PPI.

 

 

As we genuinely owe the money I wasn't sure CCA'ing would work with the ones that are with the original creditors.

 

 

All the debts are from the early 2000's, say 2002 to 2004.

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cabot dont enforce valid debts, or if they do its rare. Wescot and moorcroft wont go near court.

 

Get the CCA requests going.

 

Forget about if you genuinely or morally owe money for now. You need to find out if you are legally liable.

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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are any of these debts still showing on your credit 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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well that's the only one that's harming you really.

get a CCA running

 

the rest can be dropped to £1PCM if you wanted cant harm your file again.

 

are you sure cabot are only agents?

I doubt it not been sold on

cabot will be collecting for their owners probably arrows not Barclaycard?

 

 

.

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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one per account sadly

don't sign anything

leave the PO blank

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...

Reply today,

Moorcroft have applied to Arrow for the original agreement,

Wescot have transferred the debt back to Barclaycard and returned the postal order

 

 

one of the other Barclaycards is ignoring and charging £12 a month late payment fees even though we are on a DMP.

 

 

Any advice on that last one?

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you need to question stepchange upon why the never negotiated the freezing of an accounts interest and the stopping of all penalty charges

which they should do.

I take this account getting the £12 fee is still owned by the OC, not a DCA then.

 

 

might confusing to have them all on one thread.

 

 

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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so what are you paying still?

if its with BC still, the original creditor.

i'd not kill the payment totally

but you can ignore the unlawful penalty fees, they are reclaimable

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

So many of them are very likely unenforceable and you ever been cash cowed :(

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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Letter from Lloyds Credit cards operations today saying that with

 

"Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with the primary cardholder's signature on it."

 

Does this mean that we are stuffed with trying to get a low full and final and the agreement is enforceable. No signed agreement has been sent just reconstituted terms and conditions

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p'haps go start a new thread

on this Lloyds card

and separate them out

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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