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    • arrows didn't file the default lloyds did on or before the sale date.   it might pay you to either look online at your lloyds A/C, some accounts there allow you to see old statements. if not you'll have to SAR lloyds.   if what you say that you've not touched the A/C since 2013 ... for the ICO guidelines that were in-force at the time - which states a default should be registered within 3-6mts, I'd complaint to lloyds that it is unfair. and they might well move it to an earlier date. i've seen lloyds do this. so the A/C will vanish from the report as the default has reached it's 6th B'day.   i've also seen arrows agree to remove the A/c too if an F&F is offered.   all of this should only ever be done in writing.   just a side not, a broker shouldn't be holding you to ransom for a single default.  even most prime lenders ignore a single default in todays market.
    • it could prevent the sale of the property or it could become an unsecured shortfall debt.   i'd be sending swift an sar i bet there are £1000's in unlawful penalty charges. that are all reclaimable at their int rate. always is with swift, they are terrible to their customers, so you can never clear the balance by normal monthly payment. now if you'll get them refunded is another matter.   ive moved you to the swift forum.   have a read of a few swift thread use our search top right for swift.   dx  
    • It could halt the sale of the property unless alternative arrangements are made to settle the balance.
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

CIFAS marker removal help - Hitachi Capital invoice finance


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hi,

ive had a cifas marker placed against me via Hitachi capital.

 

Ive read most of the posts on here about the various routes to go down but im after some help.

i have got the DSAR from Cifas and a vague final response from hitachi.

 

Any help greatly appreciated to get the ball rolling.

i wil keep this first post vague to ensure we move to correct area of the site, thanks, BYB

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why did they put a CIFAS marker and not a default?

 

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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not sure what you are going on about here?

 

 

tell us the debt history from day one please

  • Like 1

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 if your into invoice financing you are a Business ? 

 

How do we share your information with fraud prevention agencies

IDENTITY VERIFICATION AND FRAUD PREVENTION CHECKS

What we process and share for identity and fraud checks

As well as using your personal information to manage the product or service we have with you, we will also use and share that information about you with fraud prevention agencies including CIFAS and National Hunter who will use it to prevent fraud and money-laundering and to verify your identity. This includes by carrying out fraud checks. All this requires us to process your personal information. We will do these checks before we provide the product or service to you, and periodically at other stages after that. If fraud is detected at any time you could be refused the product or service or have it withdrawn from you. 

The personal information you have provided, we have collected from you (whether directly or indirectly through our partners and brokers), or which has been received from third parties may include your name, date of birth, home address and address history, contact details such as email address, home and mobile telephone numbers, financial information, employment details, device identification including IP and/or MAC address.  

We, and fraud prevention agencies, will use this information to prevent fraud and money laundering, and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal information to detect, investigate and prevent crime.

Fraud prevention agencies can hold your personal information for different periods of time, depending on how that data is being used. You can contact them for more information. If you are considered to pose a fraud or money laundering risk, your data can be held by fraud prevention agencies for up to six years.

Information on these fraud prevention agencies, including their contact information and information on their Data Protection Officers, can be found at:

 

As part of our processing of your personal information, we may take decisions by automated means. You may automatically be considered to pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with that of known fraudsters or money launderers, inconsistent with your previous submissions, or if you appear to have deliberately hidden your true identity.

 

Andy

 

 

 

 

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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So you are a director? Whats the turnover? 

Are you Self Employed? 

 

What do they deem "Misuse Of Facility"? What did you do?

 

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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Have Hitachi capital done an audit on your business recently and how long have you been using their Invoice Financing ?

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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On 09/10/2020 at 18:31, fkofilee said:

So you are a director? Whats the turnover? 

Are you Self Employed? 

 

What do they deem "Misuse Of Facility"? What did you do?

 

hi, im a partner in an LLP but they put the marker onto me personally.

 

They said i was uploading invoices that were missed used to gain finance.

However the invoices were correct at the time but the customer a county council requested credits against some of them afterwards. I explained to HI why but they eventually closed the account and then applied the marker.

 

I have asked for a full disclosure from them but all they did was send me the original application forms.

I asked for a copy of the investigation they did against me to apply the marker but the have refused.

 

I dont think they did the investigation and the marker was applied in retaliation.

 

any help greatly appreciated,

 

thanks

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Quote

They said i was uploading invoices that were missed used to gain finance.

However the invoices were correct at the time but the customer a county council requested credits against some of them afterwards. I explained to HI why but they eventually closed the account and then applied the marker.

 

Was the credits justified ? Why did you not raise a credit note invoice and issue it to Invoice Financing ?

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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  • 3 weeks later...

the credits note were issued after but Hitachi still closed down the account,

didnt answer any of my calls and passed the outstanding amounts onto debt collection.

 

The majority of the amount were paid by the invoices left on the account and the rest paid be myself.

 

My customer would only pay hitachi any money they owe me first, until advised by hitachi that invoices could be paid to me.

 

any help would be much appreciated im at a loose end here.

 

Hitachi wont send me any details of the investigation that "had done" in order to create the marker on Cifas

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have you actually ever sent hitachi an SAR?

 

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

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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hi, yes i have followed that so far.

 

Hitachi have replied saying a very vague response and they uphold their decision.

however it doesnt say "final response".

 

At my last correspondence with hitachi they said that had spoken to cifas and i just need to send their initial response and the email trail.

 

Im not sure what i am up against if hitachi don't show me their side of their investigation. 

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Its reply from Cifas that you require which should reveal why the marker was placed.

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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Cifas said the above ? They dont do invoice financing.

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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Well if you have DSAR to CIFAs and Hitachi and cant get anywhere then you can either go to the FSO and raise a complaint or CIFAS Consumer Affairs Team as outlined in the link I have provided.

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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Cat 6 Marker then. Thats one of the worse you can get. 

As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.

 

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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14 hours ago, fkofilee said:

Cat 6 Marker then. Thats one of the worse you can get. 

As @Andyorchsaid... You might need to go to the FOS etc to get this done. We had someone else who went all the way with Tesco and lost. Cat 6 Markers are very difficult to get removed.

the DSAR requesto hitachi didt show anything at all about my account with them, should it? i thought they should have returned all their data about me?

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