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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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thespaceshanty vs Barclays


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Hey guys,

 

Here’s an update on how my claim is going with Barclays Bank…

 

5 December 2006 –

Sent first letter requesting 6 years worth of charges/statements

7 December 2006 –

Received standard letter informing me statements had been ordered, free of charge

12 December 2006 –

Received all 6 years worth of statements

28 December 2006 –

Sent first letter asking for debited money back minus interest, 14 day deadline - £2800.00

9 January 2007 –

Letter of refusal from Barclays stating charges are lawful, but £1000.00 offered as ‘good will’ payment

15 January 2007 –

Sent letter before action refusing ‘good will’ offer and requesting full amount plus interest totaling £3443.39

29 January 2007 –

One day before 14 day deadline, called Barclays to enquire into status of my complaint, told by Customer Service Manager, Andrew Walker that the complaint had been closed and no further action was needed on their part. I requested that the complaint be re-opened and properly addressed, he also looked forward to hearing from me via the courts!

30 January 2007 –

Claim filed with Money Claim Online for £3443.39 plus £120 court fee

5 March 2007 -

Claim defended by Barclays

8 March 2007 -

Allocation questionnaire arrived, completed and sent back

25 March 2007 –

Payment and AQ processed, court also received Barclays AQ

18 April 2007 –

Received notice of Preliminary Hearing set for 18 July at Croydon County Court

 

Long road still ahead with my date so far away - fingers crossed, I will call Barclays just before my hearing for a settlement...

 

:)

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  • 1 month later...
  • 4 weeks later...

I have a preliminary hearing on 17th July (Central London court), against Barclays. Having originally been told (on Tuesday) that they'd be writing to me this week to settle, they are now saying that they are sending a barrister to the preliminary hearing. IEven though not requested, I've just finished the court bundle and anm sending that in today. I'm only claiming £605.

 

Am dealing with Thomas Hickey.

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I shall keep an eye on this Glamorgeous, emailed Dino a few weeks ago and just got a response back saying send him all paperwork as he would be dealing with it. No offer at mo. Should I try again does anyone think??

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Bigem, Rec'd today offer letter from Barclays for my full claim in response to my Prelim Hearing on 11th July - see here http://www.consumeractiongroup.co.uk/forum/barclays-bank/70074-slick-barclays-business.html

 

I'd email Dino again politely confirming Court case number, the hearing date with an updated SOC (schedule of charges). He's been very quick to reply but you may have to wait another week or so.

 

They do seem to be quite busy at the moment!

 

Good luck, Slick

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Slick - what's bizarre with mine is that they had stated they would be settling, but then, obviously had a change of tack and are going to attend the preliminary hearing. Has anyone else had this - where Barclays sdtall before the hearing, but still settle?

 

Thanks

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  • 2 weeks later...

Hey guys here's an update n how my claim is going...

 

5 December 2006 –

Sent first letter requesting 6 years worth of charges/statements

7 December 2006 –

Received standard letter informing me statements had been ordered, free of charge

12 December 2006 –

Received all 6 years worth of statements

28 December 2006 –

Sent first letter asking for debited money back minus interest, 14 day deadline - £2800.00

9 January 2007 –

Letter of refusal from Barclays stating charges are lawful, but £1000.00 offered as ‘good will’ payment

15 January 2007 –

Sent letter before action refusing ‘good will’ offer and requesting full amount plus interest totaling £3443.39

29 January 2007 –

One day before 14 day deadline, called Barclays to enquire into status of my complaint, told by Customer Service Manager, Andrew Walker that the complaint had been closed and no further action was needed on their part. I requested that the complaint be re-opened and properly addressed, he also looked forward to hearing from me via the courts!

30 January 2007 –

Claim filed with Money Claim Online for £3443.39 plus £120 court fee

5 March 2007 -

Claim defended by Barclays

8 March 2007 -

Allocation questionnaire arrived, completed and sent back

25 March 2007 –

Payment and AQ processed, court also received Barclays AQ

18 April 2007 –

Received notice of Preliminary Hearing set for 18 July at Croydon County Court

27 May-9 July 2007 -

Calling and emailing Barclay's Litigation team with an answer, no joy - no answer on phones and emails ignored...

18 July 2007 -

Off to Court! :O(

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Thanks Trucker, already emailed him though - Paul is dealing with my claim, but I decided after trying so many times to email he whole team and still no eply, they are SO bad!! Not sure how the judge will respond to that!

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Perhaps Paul is stressed, I know I would be! Do you think Barclays will be giving their Lit team staff a bonus lmao :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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They really are a joke, Paul has not rung me back and guess what, straight to voice mail now! I just hope the judge will take noe of this as it is no way professional!

 

keep a record of all emails and telephone calls [including unanswered ones] so you can use it to show you have tried everything to keep this claim out of the courts.

everything you do to prove they had every chance but ignored you will help you if it comes to the big day..

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I have, thanks dar£n, kept a record and printed out all the emails and the fax and have rough dates for calls -just left a really strong message on both Krysta's and Paul's answer machines, it's just so unprofessional of them not to want to stop this going to court and wasting so many peoples time!

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I have, thanks dar£n, kept a record and printed out all the emails and the fax and have rough dates for calls -just left a really strong message on both Krysta's and Paul's answer machines, it's just so unprofessional of them not to want to stop this going to court and wasting so many peoples time!

 

dont leave messages that are abusive or threatening in any way, always remain calm and appear professional.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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