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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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HFC MBNA GM card card debt - been paying Restons £20PCM for years


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Hi, In response to Andy's request earlier, the client for Restons on the last letter I had from them states Beneficial Finance. 

 

If I recall i have not had anything from them ever! 

 

I can't look back through any other correspondence I have had regarding this debt until the weekend so I might be able to see if anyone else has had their hands on this. 

 

I will add I did a credit reference last week and none of my 'elderly' debts are showing at all, in fact I have a rating in the 900's!!!

 

My concern is my HSBC overdraft, I can't have this reduced or removed.  It's on a joint account with my husband.

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Hsbc will not be restons client

it will be a dca

who name is against the debt on your credit file?

or listed as their client on that reston letter

 

no it cant harm od its been sold on

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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Hi dx, I won't know who the DCA is until the weekend when I can dig out the paperwork from storage. 

There is nothing showing on my credit file at all for any of my 'elderly' debts. 

They simply are not there. 

 

The last letter from Restons has

Client: HSBC Bank plc

Re: Beneficial Finance

Reference: the credit card number

They only speak in their letter of 'their client', no client name,   so I will have to dig paperwork out this weekend.

Deep joy!

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SORRY i stand corrected

it is hsbc/hfc

 

ive merged an old thread here

Now re read from post 1

 

did you ever send that sar and a cca ??

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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Oops.

I had forgot I had already written to you guys about this.

 

So a recap up to present date:  

continued paying £20 each month, heard nothing from them.

 

Back in 2013 they asked me to pay them rather than direct to HFC.

I said I wouldn't until I got this request direct from HFC.

 

I did get this from hsbc so I changed my payments.

I got a letter from them last week asking me to contact them.

 

I replied saying I couldn't afford more than £20 per month.

I then get a phone call this afternoon which I didn't answer and a voice messsge asking me to ring them which I haven't.

 

This debt is no longer on my Experian file.

So what should I do next.

 

Btw I only get statements when I ask for them.

Certainly not every 6 months or even yearly. 

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send HSBC an sar and a CCA request

I can almost 100% guarantee HSBC will not have an enforceable CCA and will drop the account like a hot stone.

 

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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Share on other sites

shame you didn't comeback to us 6yrs ago...………...

the debt would be statute barred by now had you not blindly kept paying it.

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

Yes that's correct but I took what I thought was the easier option at the time. Frightened to not pay.  Hindsight on my part and all that!  I'm an HSBC customer with current account with them will they realise this when I request sar and cca.  Do I need to inform Restons of any of this?  

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sar is for everything they hold don't specify an AC number

as for the CCA request

lets see what toilet paper they come up with.

 

ignore reston they are powerless as are any DCA.

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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they might ask for OH's permission

they might not

you are equally entitled to the info.

 

I believe HSBC a longtime ago were fined by the FOS for them off setting a CC debt from a joint account that had no direct connection..or something like that. might have been PPI refund on a card and them using that to pay off a joint OD debt.

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

Morning. Just putting together my sar. The template letter asks for an account number and in the body of the letter again an account number as a starting point for reference. Dx did state not to put an account number in the letter so is it ok to just put my full name, dob and current and previous addresses to help them find me?  Many thanks. 

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correct

don't forget CTAX bill copy if you have moved since taking the card 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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Many thanks Dx.  Do I need to send the SAR to the Data Protection Officer for HSBC at Coventry or to HSBC's headquarters in Canada Square, london.  I've just looked up the Data Protection Register for HSBC and both addresses are shown

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makes no odds 

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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  • 4 weeks later...

An update.  Well there isn't any! 

 

Sent off CAA to HSBC, Canada Square, with regard to my GM Credit Card on the 20th June and I haven't had anything back not even an acknowledgement they received the letter. 

 

Restons tried to ring me a couple of times which I didn't pick up and wrote to me on the 24th June asking me to ring them as they haven't had sight of my income and expenditure.  (this seems totally separate from the CCA). 

They wanted this back by the 3rd July,

I've ignored that as well. 

 

Should I do anything or just wait and see what happens next?

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i'm really surprised that restons client is not a DCA but HSBC/hfc/beneficial finance still?

sit on your hands

you did stop payments yes?
 

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

you should have done that +6yrs ago

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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  • 3 weeks later...

Well got a reply from Restons this morning.  Saying their records indicate that I am in arrears with the installments on my account.  £20.00 is now overdue.  I have had no response at all from HSBC after sending my CCA request dated 20th June.  Should I write back to Restons and tell them this is subject to a CCA request and I'm surprised they haven't been informed?

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no let them work it out.

 

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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Share on other sites

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