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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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Hello,

 

Been a while since been on here.

 

Advice for my daughter please.

 

She moved out of a property May 2015 and received a 'further notice of enforcement ' sent to her new address today.

 

Bill was £495. Rang council - apparently £185 council tax £310 agent fees.

 

My daughter didn't officially notify the council she was moving out but did start paying council tax immediately from new property.

 

I guess my question is where does responsibility lie?

Can fees be challenged?

 

 

It turns out CT owed is not outstanding amount, is actually less but apparently you pay a full month and then it is refunded!

 

No letters were passed on to my daughter from old address and council says Agents must have been searching for my daughter.

 

 

Couldn't make it up, she is on electoral registered and paying council tax in her name.

 

Any / all advice is welcome please as to next step.

 

 

I have told my daughter not to contact Jacobs,

go to council, pay outstanding CT over counter in cash and hand them a letter of complaint about Jacobs as she hasn't received any letters.

 

Are there any forms on this site relevant or will it be ad-hoc letter?

 

Regards, Sherlock

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if she can prove she was paying CTAX else where

and this ctax is for a period after she moved out?

then does she actually owe anything?

 

 

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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Until the matter is sorted, jacobs could still call on your daughter. Make sure gthat she knows not to let them in under any circumstances and if she has a car, park it away from the house.

 

Paying the council direct [even when it is possible] will not cancel the bailiff fees. The only way of doing that is for the Council to accept that they should have picked up you had moved and sent

you notice of outstanding C/T before sending in bailiffs.

 

It is a pity your daughter didn't let them know she was moving and so she maystill be liable for the £75 bailiff fee. However as she never received the 7 day Enforcement letter, they cannot

charge the £275 fee.

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Hi DX,

 

Paid April instalment 15th - May 15th. Moved out end of May so does owe something (2 weeks I assume) CT was £126.00 month.

 

Council are saying that the chasing is for the balance.

 

The further notice of enforcement just states £495.00 owed, no breakdown on fees / c tax / dates etc.

 

Am I right in thinking a notice of enforcement is entered once an agreement is in place and is broken? So no idea what a further notice of enforcement is. No agreement was entered into and this is the first letter received.

 

Regards, Sherlock

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Posts have crossed lookinforinfo.

 

I agree it was avoidable however, my daughter is going to apply for mortgage shortly and doesn't want it going any further obviously.

 

Do you think a letter of complaint, offering the £75 will be the route?

 

Regards, Sherlock

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Won't hurt mortgage

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

Councils don't report their arrears to Credit Reference Agencies.

 

I would hold off on offering the £75 as the Council may accept that as your daughter didn't receive their letter asking for the outstanding amount and she would have paid straight away had she known, they may put her back to that position and wipe all the bailiff fees.

Looking at your previous post something doesn't appear to add up. Bailiff fees are £75 plus £235 if no contact made within 7 clear days. As that comes to £310 it would seem that the Council

have charged £185 rather than the two weeks your daughter was expecting. It would be best to contact the Council quickly to resolve the outstanding amount before paying.

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Looking at your previous post something doesn't appear to add up. Bailiff fees are £75 plus £235 if no contact made within 7 clear days. As that comes to £310 it would seem that the Council

have charged £185 rather than the two weeks your daughter was expecting.

 

 

I think that you may find that the 'council tax debt' of £185 includes the dreaded 'summons fee' as well.

 

The overall amount (£495) appears to be very disproportionate when the council tax arrears may be as little as £75 (or thereabouts). The local authority should be encouraged to look at this matter again.

 

The enforcement company (Jacobs) are not at fault here. Their role is to enforce the Liability Order on behalf of the creditor (local authority).

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Hi,

 

Thanks for replies.

 

I was surmising on fees as the £275 & £75 was all I could find. The council have just said that the amount owed is £180.00, with no breakdown. I think my daughter will need to go in and ascertain actual charges.

 

Should Jacobs have issued a 'further notice of enforcement ' letter to the new address without previous letters? Assuming they sent them, maybe to previous address.

 

Regards, Sherlock

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