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    • Oh dear.. Misuse of facility...  Cat 6... No wonder everything is being nuked from high orbit... More in a bit.. 
    • Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email 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? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
    • 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.   
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Lowell/Overdales Claimform - old Paypal EU Credit Debt ***Claim Discontinued***


goldeneye22
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Defence checked and amended in post#20

 

Andy

  • Like 1

We could do with some help from you.

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Hello,

my cousin has informed me that Overdales responded to my CCA request and sent a pretty big envelope with documents this morning.

I asked him to have a quick look at it and he said they mentioned both the CCA request and my defence.

They provided a copy of the agreement that was signed electronically, which he says was signed under PayPal Europe. Default notice, Notice of Sums in Arrears and a statement of the account.

They also offered a "settlement" of £650 up front or two £330 payments or any reasonable proposal I wish to make.

They would like to discuss this within 14 days of the date of the letter.

My cousin has a link to this thread and I have given him my login details,  if you wish to know anything else that is on the letters they sent, he can quote word for word what is on there and/or upload anything you wish to see.

I wasn't able to send off the CPR 31:14 due to running late, but my cousin will be sending it off for me on Thursday or Friday.

He did mention that there were two PayPal agreements sent, both of which are almost identical and 14 pages long each. Only difference being one is for when the APR was 17% and the second is when they increased the APR to 19%

The compression tool butchered some of the text but hopefully it is still legible enough.

The T&Cs really ballooned the size of this. Logging off now. 

cca return6.pdf

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  • 2 weeks later...

thread tidied.

 

looks like the Default Notice is none complaint hasn't allowed 14 days.

 

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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Makes it void, can't enforce any 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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None Compliant ...not complaint...

We could do with some help from you.

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Oh yes ruddy autospeller!!

 

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

Oh really? Looking at the original default, the dated letter from PayPal is 25/03/2019 and the pay by date is 08/04/2019

 

That looks like 14 days to me? or is there something else I am missing.

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Postage time.

 

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

Interesting, so would Lowell have to prove that I actually received the letter on the stated date or is there some law that states you need to allow time for postage when sending a default notice?

 

I'm doing some research of my own during my lunch break, but can only see that its 14 days and that is it.

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eh?

 

the DN letter has a date on it...

so by nature of the 14 days warning it must give under section 87/88 of the CCA, - you could not have received it on the same day it was written..

 

postage takes at best 2 days..

 

so the 14 days has obviously not been afforded to you...one void DN.

 

 

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've already filed your defence.

you need to get reading up here as advised earlier

 

 

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

check the status on mcol

see if yours has been sent

i bet nothing is mentioned since your defence filing and this is the usual letter lowells send with the intention to threaten worry and harass debtors.

 


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

but you should already know all the above as ofcourse 

don't forget CAG is self help too!

 

type in lowell claimform

 

in our enhanced google search box and read a goof few 10's of threads

and learn the court process

what is to come

the various stages as the claim progresses

and how to react to at each stage.

 

however, never do anything without checking here FIRST.

 

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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Then DQ,s have not ben sent out yet.....Lowell jumping the gun as per usual.

 

 

 

.

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 OTHER

 

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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  • 1 month later...

Just an update.

Mediation is scheduled for August 2nd

Regarding mediation.

I've been checking other threads that have paypal credit  claims like myself. 

Would mentioning that my agreement has no IP address be a good move?

Also, regarding the fact my default notice did not allow 14 days, seeing as I couldn't of received it on the day it was written,

can I still suggest that it was void?

A different thread on here has the suggestion that the 14 day period for the default notice was in fact ok.

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The DN is non compliant.

It has to get to you before the 14 days runs 

 

Pers when mediation ring, I would state you do not have enough information to enter into mediation. Don't say why, just refuse it .

 

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

you are required to enter into the 'spirit' of the provided mediation service.

that means giving the claimant as much time as possible to fore fill your requests.

which means agreeing to it 

if at the actual time of the actual call you dont think you are in a position to meaningfully enter into the process, it is quite OK to then refuse.

you dont have to give a reason other than whats stated above. thus not giving your cards away. it cant hurt you.

 

get reading other loan/card claimform threads here

you'll soon get the idea

you should be doing that during downtimes anyway.

 

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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