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    • No it's not on my credit file, never has been either 🤷‍♂️
    • Ok thank you. So, am I implying correctly that even though I am overseas, and able to have any correspondence to the UK address forwarded to me, there is still a chance that bankruptcy proceedings could be brought against me?   Selling the property isnt really an option.    Also I'm a bit confused. In reply ~12 the advice is to get the defaults and let them run their six year course, but if I make small payments wouldnt that keep the clock running?
    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!) throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!! We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy! They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside. He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start. Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back.  Before he delivered the car, he said that if we weren’t happy he would personally come and collect it. Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR! Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover. So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO! I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a lier and a thief. We will have no hesitation in scouring Solihull for him, whatever it takes.
    • You want to avoid any CCJ's, by ensuring all UK creditors have your current address abroad.  Also as dx suggests, making small payments based on current affordability would be wise.   Keeping the accounts running with original creditors bu making minimal payments, will give you time to consider options.   If it were myself in this position, I would be thinking how quickly could I get the tenants to vacate the UK property and how quickly could it be sold.  This would enable me to at least retrieve some equity after repaying any secured loan and the equity would then enable me to plan the next steps in my life.  I am not advocating walking away from debts, but I would be thinking, that if I end up with CCJ's or worse Bankruptcy, then with additional costs being added, I would have no money left.  And worse, if I had  to sell the property quickly, it may sell at a reduced price and I could still owe a debt after it had been sold.   So may be you should be getting some formal financial/legal advice in the near future, to see what you can do, to protects your interests as much as possible.    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Fraud accusation. Cifas Marker


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I took a telephone contract out in 2015 and had issues with the provider from the onset and entered into a dispute which lasted several years before finally taking my case to the ombudsman which I won and the provider was deemed to have mis-sold the contract.

 

All adverse on my credit file was wiped clean. The provider also accused me of face to face category six fraud and entered my details onto the National Fraud Database which has caused me untold grief and countless sleepless nights amongst other hardships. This is not dealt with by the Ombudsman services and was made clear by the Ombudsman that this is a criminal offence/accusation outside their jurisdiction.

 

I believe that I can now take legal action for false accusations of fraud as this has not been included in the Ombudsman rulings and the contract that I was accused of fraudulent activity on has now been deemed mis-sold and void.

 

Does anyone have any views or experience on this type of case and is it the type of case that should take the small claims court route or maybe high court. Constructive comments would be most appreciated.

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WHat operator was it. What was the reason they said you committed fraud?

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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Who was the Telecoms Compny in question?

Also what was their reasoning for placing the marker??

 

I would like to know as we may beable to help put something together to help you. This could involve legal action,

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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I have checked with Cifas through the SAR process, and it was filed as Fraud, Cifas have recently advised me that they have now removed it. I haven't checked the other two registers and maybe I should, is it usual to be filed on more than one register, thanks for replying Andy,

Regards,

BJ

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CIFAS is the main Fraud Prevention Service which you will normally be registered on.

However send a DSAR to each above.

 

CIFAS will tell you the entry information and why it was added.

 

NHunter will provide info on applications going back 6 years that was checked for Fraudulent Activity.

 

I dont know what Synthetics hold because they are relatively unknown however I would still send a DSAR nontheless...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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The Telecomms Company was EE. The reason for placing the marker was evasion of payment. This was endorsed by Cifas as I have previously explained and the Contract that I signed was deemed missold by the Ombudsman at a later date therefore I conclude there was no evasion of payment. I did refuse to pay at the time as I knew I was mis sold, it just took a long time to prove it. I do not wish to go into further detail at the moment but I do have all the evidence to fully support any legal action. I just do not know which route to take. Thank you for your response,

Regards,

BJ

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The route you take is what do you deem as the damage done and what losses have you suffered ?

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Yes, Interesting comment. Five years of distress and serious inconvenience, refused banking facilities on at least five occassions from high street facilities although I only have evidence of two and only one of those has said refusal due to Cifas marker. Threat of loss of business bank account and therefore all income, countless manhours researching, writing letters etc. Stigma, embarresment. The list is getting bigger by the day as I recall events however I am no expert in law as you will probably have gathered but any help and advise is welcome. Thank you for your response,

BJ

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  • 1 month later...
32 minutes ago, Djmarkydee1981 said:

im having the same issue with EE, can i ask how you got them to remove the marker?

Hi DJ, I took the Ombudsman route for misselling in the first instance and the Ombudsman upheld my case, I then advised CIFAS that I was considering legal action for false accusation of fraud against EE and they quite sharply removed the marker. I cannot believe that you intended to commit an act of fraud and you may also have been missold, these orginisations are, I believe, acting in a dis-proportionate manner and using the National Fraud Database for consumer disputes are ridiculous and I would consider small claims court for false accusations. You can PM me for further discussions if you wish and good luck with your fight.

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With your post counts, you won't be able to PM each other, but there's nothing wrong with having an anonymised discussion on here. Anything confidential can be passed via one of the site team, but this often isn't necessary.

 

HB

Illegitimi non carborundum

 

 

 

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  • 1 month later...

you need to create a new topic of your own please

 

hit create in the top red banner

 

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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