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    • This is what I have said in my email of complaint:   On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I have found myself in financial difficulty and I contacted you on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months and I fully explained why I was requesting this and asked for your help. I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name.  I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this.  What I would like you to do is to please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP. If you fail to resolve my complaint within 8 weeks, or if matters are not settled to my satisfaction, I will have no alternative but to refer my complaint to the Financial Ombudsman Service. I look forward to hearing from you. Yours faithfully, Should I send something along those lines to the CEO? 
    • 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.   
    • That "oh dear" doesn't sound good  
    • 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 😕    
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advice needed,on so many debt collectors after me


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you can deny anything online as they cant PROVE it was you that applied/accepted.

 

so yeah request a copy of the CCA and go from there.

However best to start a fresh thread so we can watch better

 

all the best

 

Kenny

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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michsienna,

 

What is the Correct name of Impact Collection services and what is their address..... is it this address....if it is....they are not registered with the Information Commissioners Office as a data controller, both Impact and Vanquish are committing offences under the Data Protection Act 1998, see below the search I carried out on the Information Commissioners Office register.

 

 

* There are no entries that match your search criteria.

Registration Number ..............

NameI Impact Collection Services Ltd

Address 8 Barton Street

Tewkesbury

Gloucester

Postcode GL20 5PP

 

Organisation

sub-division

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michsienna,

 

What is the Correct name of Impact Collection services and what is their address..... is it this address....if it is....they are not registered with the Information Commissioners Office as a data controller, both Impact and Vanquish are committing offences under the Data Protection Act 1998, see below the search I carried out on the Information Commissioners Office register.

 

 

* There are no entries that match your search criteria.

Registration Number ..............

NameI Impact Collection Services Ltd

Address 8 Barton Street

Tewkesbury

Gloucester

Postcode GL20 5PP

 

Organisation

sub-division

 

hi there:)

 

the address i have at the top of the page reads...

 

impact collection services

p.o. box 57037

london

ec4p 4xw

 

and at the bottom of the the letter in tiny small print it reads

 

impact collection services is a trading name of vanquis bank ltd

registered at colonnade

sunbridge road

bradford

bd1 1lq

 

consumer credit number 532364

data protection registration number z767493x

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and at the bottom of the the letter in tiny small print tit reads

ehmmm was you thinking about vanquis lol:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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and at the bottom of the the letter in tiny small print tit reads

 

ehmmm was you thinking about vanquis lol:p

 

 

 

lol!!! what must of i been thinking about!! i better change it, thanks for pointing that out xx

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hi everyone,:)

today ive recieved a letter from debt manager ltd acting on behalf a catalog called vertbaudet. the debt is for £1925. 76

they have sent me a copy of my signed agreement.

on it has the title credit agreement regulated by the consumer credit act 1974, it has all terns and conditions on it and payments etc.

it is the credit agreement.

so im guessing now, it doestent matter that they failed to produce this with in the 12 + 30 days, (its been nearly 2 months)

i would be so very greatful if anyone out there could give me some advice, thank you so much michelle :( xxx

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bumping this up.

 

can you scan it?

 

does it have all the prescribed terms????

 

 

the reason i ask is that ive never had a catalogue have a proper CCA agreement!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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bumping this up.

 

can you scan it?

 

does it have all the prescribed terms????

 

 

the reason i ask is that ive never had a catalogue have a proper CCA agreement!

 

 

hi kennyparkroad :)

i cant scan it, but i do no it is one.

years ago after ordering some thing from the catalog, after the item was delieverd i recieved the credit agreement in the post, to sign and send back to them. which i did.

does it matter if they have produced my copy of my signed agreement, out of the time they had (12 + 30 days), that i still would have to come to some agreement with them, even though they took far longer to produce this agreement.

many thanks michelle xx

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I sent a letter to Barclaycard asking for my CCA. They sent me back today a form which had my personal details, Income etc.. etc..

 

At the bottom of the form in a box, it stated that this is a 'Credit Agreement regulated by the Consumer Credit Act 1974'. You then have my signiture and date.

 

Can anyone tell me if this is a Credit Agreement, or my application form.

 

If it is a true copy, do i just carry on paying the DCA as normal.

 

Thanks

 

Fran

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Hi Mich,

 

I have read that some catalogue companies do send out Agreements, usually when it involves a bigger purchase on longer credit terms....

 

However... has the one they have sent you been signed by yourself and by them ?

Does it state the amount of credit ?

Does it state details of the APR ?

 

If you are unable to scan it on here.... please feel free to scan it through to the email address I gave you last time. If you no longer have it... I will PM it to you shortly. If I'm not online later.... please don't worry, I will get back to you as soon as I can.

 

:)

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I sent a letter to Barclaycard asking for my CCA. They sent me back today a form which had my personal details, Income etc.. etc..

 

At the bottom of the form in a box, it stated that this is a 'Credit Agreement regulated by the Consumer Credit Act 1974'. You then have my signiture and date.

 

Can anyone tell me if this is a Credit Agreement, or my application form.

 

If it is a true copy, do i just carry on paying the DCA as normal.

 

Thanks

 

Fran

 

It reads like an Application Form to me so far (details of your income, etc).... A CCA would need to have both signatures on it to be "properly executed" anyway.

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Hi Fran.... if it's not an Agreement, then it's not enforceable. If all they have for you is a signed Application Form.... and without a signature from them anyway.... then it's not the real deal.

 

Hi Mich.... if this does prove to be an Agreement, then the fact that they have gone beyond the legal timeframe for sending it to you will mean very little. This is annoying to say the least.... but CCAs have still been re-enforced in court despite them being produced late.

 

Do not worry about this for the moment though.... if it does prove to be an Agreement and all you can afford are token payments of £1 a month.... than that's all they will get. ;)

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Hi Priority1

 

What do i do now? Do i write to Barclaycard again, if so what do i say?

And seeing how they have passed my debt over to a DCA, do i just carry on paying the token payment to them to the DCA?

 

Many thanks

 

Fran

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Fran.... if you are able to start a separate thread, it will stop us from getting confused. You need to let us know who the DCA is as well. I need to log off shortly.... but will look up the thread that you start... and find you. Try not to worry...

 

:)

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hi everyone,:)

 

today ive recieved a letter from debt manager ltd acting on behalf a catalog called vertbaudet. the debt is for £1925. 76

 

they have sent me a copy of my signed agreement.

on it has the title credit agreement regulated by the consumer credit act 1974, it has all terns and conditions on it and payments etc.

it is the credit agreement.

 

so im guessing now, it doestent matter that they failed to produce this with in the 12 + 30 days, (its been nearly 2 months)

 

i would be so very greatful if anyone out there could give me some advice, thank you so much michelle :( xxx

 

 

Hi Mich, there's gutting that they have produced the agreement! :( If you are totally 100% sure this has all the precribed terms on, then, as far as I know, you will have to pay it. You do have some choices here though. You could S.A.R Vertbaudet, claim back any unlawful fee's/charges and reduce the debt. Doing this will put the account into dispute for a while. YOu can also write to them, explain your circumstances and offer a small monthly payment (only what you can afford tho!) template letters here if you need one... http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

If you are willing, could you can scan it and I'll put it up like the last one? I think it would be of great help for other members to see a proper agreement.

Chin up :)

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anyway you can start your own thread? and or scan it in?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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I wouldnt worry too much about NCO Europe, ive been dealing with them for the last few months, ive been hung up on about 6 times, my wife has been given abuse down the phone and they never phone me back when they are asked to. Think i got 6 calls in one day once, they dont seem to read each others notes on the files so you may get a call then after youve dealt with it, 10 mins later, someone else from the same company will call for the same reason the last person did!

I got charges back from Clydesdale Financial Servies on a store card but they just took the charges off the top off my existing debt. If NCO have taken the debt over then maybe the bank will pay you your charges back by cheque.

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If the DCA provides a true copy of a credit agreement PLUS statement of account within 30 days then they've complied with the act.

After 30 days they have COMMITTED A CRIMINAL OFFENCE and you can report them to (now I'm not sure which, anyone help?) Financial Ombudsman Service, Trading Standards and/or Office of fair trading.

 

Each instance carries up to £2,500 and may result in a review of their credit licence.

Be worth checking whether the DCA has provided proof of deed of assignment and whether it's absolute or equitable. Without providing proof they have no right to negotiate AT ALL. If equitable deed of assignment, they can't even go to court without the original creditors say-so and the responsibility for conduct remains with the original creditor. So the complaint would be against the original creditor whatever the DCA says.

 

At £1900'ish, they could well decide it's not worth admitting to a criminal offence.

 

Comments anyone?

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Hi Mich, there's gutting that they have produced the agreement! :( If you are totally 100% sure this has all the precribed terms on, then, as far as I know, you will have to pay it. You do have some choices here though. You could S.A.R Vertbaudet, claim back any unlawful fee's/charges and reduce the debt. Doing this will put the account into dispute for a while. YOu can also write to them, explain your circumstances and offer a small monthly payment (only what you can afford tho!) template letters here if you need one... http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

If you are willing, could you can scan it and I'll put it up like the last one? I think it would be of great help for other members to see a proper agreement.

Chin up :)

hi everyone,:)

ive just read the above message and its got me thinking,alot of my verbaudet debt will have been made up by unfair charges, i foolishly remenber throwing out all my old statements a while ago, how would i go about S.A.R (i dont even know what it is,) should i just write to them and ask for copies of all my old statements

many thanks every one helping me michelle xx

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Hi Mich, glad to see you are still up for fighting the enemy;)

YOu will find the SAR template you need here..

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

...it will need tweaking a bit as it's written for a bank account, if you need any help just shout. You will have to include the £10 fee (that is reclaimable, along with any unlawful charges) If you read the post underneath the letter template, Bankfodder has written some guide notes to help understand the process. Again, if you need any help, just ask. I've successfuly reclaimed bank charges 5 times, and also helped (still am) a handful of friends and family through the process, so have a fair bit of knowledge on it all:) (is that a good or bad thing? lol)

If you decide to do this you can write to the DCA and tell them that your account is in dispute with vertbaudet (and until it is resolved your account will be on hold).

 

...getting back to the agreement you recieved, is there any way you can scan it and email it to me? I would love to see it, and I'm sure a few more members would too, as long as thats ok with you. It would be brilliant to have a 'proper' agreement for perusal, and a tremendous help to the debt forums.

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Hi Mich, glad to see you are still up for fighting the enemy;)

YOu will find the S.A.R - (Subject Access Request) template you need here..

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

...it will need tweaking a bit as it's written for a bank account, if you need any help just shout. You will have to include the £10 fee (that is reclaimable, along with any unlawful charges) If you read the post underneath the letter template, Bankfodder has written some guide notes to help understand the process. Again, if you need any help, just ask. I've successfuly reclaimed bank charges 5 times, and also helped (still am) a handful of friends and family through the process, so have a fair bit of knowledge on it all:) (is that a good or bad thing? lol)

If you decide to do this you can write to the DCA and tell them that your account is in dispute with vertbaudet (and until it is resolved your account will be on hold).

 

...getting back to the agreement you recieved, is there any way you can scan it and email it to me? I would love to see it, and I'm sure a few more members would too, as long as thats ok with you. It would be brilliant to have a 'proper' agreement for perusal, and a tremendous help to the debt forums.

 

hi mate,:)

thanks for that,i will write to the debt collectors and tell them im in dispute with vertbaudet.

and i got the letter that as been written on this web site, thank you for the link.

my dad was attacted the other night he was beaten up by 4 lads, becouse they threw eggs at his house and he confronted them,hes 76 years old,hes okay but since the attack hes a changed man,hes lost his pride. so at present im finding it quite hard to consentrait on getting my debts sorted.

i am trying to get that agreement scaned and i will send it to you,and hopefuly put it on my thread, but ive not seen my friend who did it the last time in a long while.

many thanks again for your help and i hope you will all continue to help me and each other, michelle xx

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I am so sorry to hear about your dad Mich, hope he makes a speedy recovery. That is so awful what has happened to him, and so typical of this day and age. When it comes down to a person not being able to protect their property or help another in need, for fear of their own safety, it's a terrible world we live in.

Family and it's wellbeing are most important and I understand your need to concentrate on that. I would do the same.

I'll be here, as will others, for support whenever you need it, feel free to email anytime too, if need be.

Best wishes to you and your dad, take care :) XX

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