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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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Barclaycard & Robinson Way


Essemess
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This one may be very quick "discontinued" but.... The brief history is -

 

03/2011 - Last payment made on account. Wrote Barclays to request true copy of signed agreement

08/2011 - Mercers letters

01/2015 - MKDP letters - Responded during this period with S.78 02/2015 and followed up with 12+2 expired 02/2015

04/2016 - Robbers Way letters - I responded with dispute letter

09/2016 - Cohen letters - Responded with reminder that the S.78 had not been answered and enclosed copies

02/2017 - Queried incorrect default date on credit reference file for Hoist Ex Barclaycard. DCA didn't respond to CRA

04/2017 - Cohen letters - Responded again to Cohen reminding them of past S.78 and enclosed copies.

 

There have been some big gaps between anyone sending the standard 'give us your money' letters and now rapidly approaching

(past?) the statute barred date.

 

I have now received a letter from Robbers Way in which they apologise for their late response and

 

"We appreciate that you wrote to us back in November 2015 to request a copy of your agreement which you have yet to receive.

 

We can confirm that we have queried and requested a copy of this from our clients for you".

 

They also state they have suspended collection activities and account is on hold.

That was 3 weeks ago now.

 

At the same time as I received the above mentioned letter from Robbers Way,

the record for Hoist has disappeared from my credit file,

leaving only the original Barclaycard account which is marked as settled and closed in 12/2011.

 

Is the best advice now to sit tight and now do nothing?

 

Just had a look on another credit reference file at my data,

this one is fed by Equifax..

. The Hoist original Barclaycard account is marked as closed with a current balance of zero. The Hoist account is also listed in the closed section with the old balance from the Barclay card..

 

 

With this account now being listed as closed does that mean that the DCA has marked it as such?

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Hi Ess,

 

If those dates are right, the debt is now SB'd, or very close to it. I'd say it will be SB'd by the end of June at the latest, depending on the date you last made payment, and the date you were due to next pay but failed.

 

Stop replying to anything until you get the credit agreement.

 

If they contact you further, don't reply but seek advice here first.

 

The a/c should drop off your CRA files soon but, if it doesn't, you can write and demand that this happens.

 

:-)

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Thanks for the advice Slick.

 

I was tempted to poke Robbers with a letter giving them grief for still not answering the S78 but will leave it alone.

 

The statute bar should be here and gone now but the actual default wasn't registered until Dec 2011 which is over 9 months after my last payment.

 

I chased this up but received no response from MKDP (the DCA at the time) about the discrepancy.

 

I'll leave it until the end of June then start making demands of Robbers that this thing drops off my file.

 

For now, I'll keep quiet and enjoy the silence :)

 

Thanks again

 

- Essemess

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Their delay in sending or registering the default doesn't affect your position.

 

After you sent the CCA Request, you had no need to chase them further. The ball was, and remains, in their court.

 

:-)

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yep your issue has been your pointless letter tennis

once a CCA fails

you go radio silent.

till/if they comply

 

 

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 months later...

Letter turned up from robbers-way with a "Barclaycard CAS MART Application Retrieval" print out attached. This is (according to the letter) a reconstituted copy of the credit agreement. Apart from my personal details and an initial credit limit, there's nothing much on it.

 

Robbers way want me to get in contact with in 10 days. It's now 6 years and 4 months since the original request to barclaycard for the agreement and my last payment to them. Safe to say now SB'd?

 

Should I keep quiet and not reply to their letter?

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should have done that the day after you initially sent the CCA request...

 

 

when did you sign up for the card?

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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can you scan that return upto ONE multipage PDF and UPLOAD

 

 

go ring Barclaycard and ask last payment date.

 

 

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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I've contacted Barclay card via their online SAR form but do have my accounts going back some years...last payment date was March 2011. This is backed up by history on credit score websites (Noddle & Clearscore) Exact date should come in the SAR pack.

 

Documents attached with the usual blur applied.

 

:)

barclaycard-robinsonway.compressed.pdf

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then its statute barred dead

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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Thanks, dx. It's good to have confirmation. :) I'd assumed as much having read plenty of posts on the forum. General consensus seemed to be last payment + a month or so for the 6yr clock to start.

 

Should I now write to Barclaycard to have them amend the data held by credit reference agencies? The ones I have looked at have 6 year clock ending November 2017. April 2017 (or May 2017 at the latest) would seem to be more accurate and therefor have this drop off my file?

 

Do I need to respond to Robbers Way to advise them that this debt is now SB'd? I'd like to head off any potential for misguided action by the DCAs.

 

Many thanks to you and everyone on the forums for your advice.

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Hi Ess,

 

SB date is simply 6 years from the last payment.

 

The date a debt should be defaulted is the subject of much debate but I say you should use the date you last paid (or failed to pay the amount required) plus 3 months. That should give you a good guide for the date by which an account should have been defaulted.

 

Write to Robinson Way using the SB letter from the library if you want. Or simply ignore them for now.

 

:-)

We could do with some help from you

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Let them be stupid and issue a claim form

 

SB defence will kill it dead

 

By the time you've argued with BC on the correct default date

Those registered will be gone

 

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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DX, Slick - Thanks for all you advice on this one.

 

My credit score is healthy again so I'm just going to sit tight and reply with the SB letter if Robbers Way start to get feisty. The BC and Hoist accounts are closed and will drop off my credit reports by December so it seems best just to wait it out.

 

There's nothing much left to do other than send in a donation :-)

 

Thanks, guys.

 

- Essemess

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Hi Ess

 

Your donation will be appreciated and will help us remain here .............

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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