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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My Community Bank - CIFAS Marker - Can It Be Removed? ***Resolved and Removed***


LilMissM

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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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If it is MCB 

 

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

 

image.png.679512d683d2879cbf42df919c2bdbfa.png

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Right... Misuse of Facility is a Cat 6 and is considered the worst out of all of the CIFAS Categories for CIFAS Markers. 

However lets see what happens when MCB come back to you. Make sure you refer it to the CEO. 

 

IF YOU DONT HAVE A VALID REASON FOR THE ISSUE WITH PAYMENTS ETC - Then the marker will stay. 

 

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Massive potentially that payment has been made in some form as accompanying evidence to your financial difficulties. 

And yes, but add some more zing to the email if it goes to the CEO - You need to make them understand what they have done. And telling the CEO  / MD of the biz what their actions have done to you - It adds to the complaint weighting.

 

 

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Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 

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  • 1 month later...

Sorry - Spoke to soon... 

 

So great news!  - They should remove it in 28 days. Hopefully it should be enough to ward o:)ff any further issues with account closure etc 

What you need to do is keep this letter and use it should any further account be closed from this further point. You can actually challenge it and provide the evidence - Should give the provider course to reconsider. May even beable to take it to your old bank etc :) 

 

Also ask for confirmation from MCB that they will not be placing another CIFAS marker going forward to cover all bases. 

:)

 

Also one more thing,  - Please consider a donation when you get a chance :)

Glad we could have been some help :)

 

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We dont expect a minimum in donation - Anything you can offer helps us to run the site and keep it free for others in need similar to you. 

The fact that you have is amazing! ❤️ thank you so much! 

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Going forward - Build a repayment plan that works for you with MCB as 5k outstanding to them is a lot. 

Im sure they will be accommodating :) Also Monzo is very good with its budgeting tools - Pots and the like... Also the Packaged Accounts with Virtual cards are immense. 

I use them all the time. 

 

 

 

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  • fkofilee changed the title to My Community Bank - CIFAS Marker - Can It Be Removed? ---------- **REMOVED + Compo**

Upd to you - You could wait for it to go to a DCA

 

Satans Bank and Cap One probably will go default and DCA. But dont worry about that for now. 

As for Zopa - 

WWW.ZOPA.COM

At Zopa Bank, we combine our tech know-how with money expertise to build loans, credit cards and savings solutions with the customer's needs at their heart.

MCB is a different beast - I know they do legal action directly - so agreeing a repayment plan could be good :) 

They will probably keep the account :)

 

TLDR - Yes, but its your choice. 

 

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Or you could bulk pay off one debt over  2 month and readjust on a per monthly basis

 

IE Pay lowest first @ £400 with token payments to the others and then continue as per that.

 

Month 1 Santander £400

Month 2 Santander £200 (Remainder) + Cap One (Leftover)

Month 3 Cap One £400

Month 4 Cap One £300 (Left Over)  + Zopa / MCB (Left Overs)

 

Its all in the mind you see, psychologically (2 accounts down and you feel like you are making progress) - you then have more to give to MCB and Zopa later while you make some token payments to them now

Just some advice :)

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Also if it does go legal - Then you can defend and the judge will ask "The Creditor" why what you are paying isnt enough... They then have to justify it. 

 

 

If you can push to say £500 a month for 6 months to cover token payments - You might find it easier to work with :)

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  • AndyOrch changed the title to My Community Bank - CIFAS Marker - Can It Be Removed? ***Resolved and Removed***

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