Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Will Argos replace this? **YES, THEY DID**


yus786
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6202 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

I bought a trimmer from Argos about 2 years ago and on the box it says '3 Years Guarantee'

 

It is not working now but i cannot find the receipt.

 

Will i be able to take to Argos for a replacement? (i still have the box etc and the little ticket thing you find stuck on stuff you buy from Argos - has the isle number etc)

 

Thanks in advance

Link to post
Share on other sites

you can certainly try, but usually that kind of guarantee is usually only with the manufacturer ( i think ), but someone else with more knowledge of this will no doubt be along soon.

in with your trimmer on day of purchase did you fill in the manufacturors guarantee card that is usually in with the item.

if you did, contact them direct.

i dont honestly think argos will be able to do anything UNLESS you also took out one of their extended guarantee options.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

Link to post
Share on other sites

Thanks

 

Just checked the box and there is no card - just the manual. And in the manual it does say to send it back if it fails to work.

 

I think i'll ring them first.

Link to post
Share on other sites

hope it goes well.

if you dont get any joy on the phone, photocopy your receipt and post that to them with letter explaining what you have on here. if you are within the three year period then there is no reason why you shouldnt be covered, unless the faulty piece is the one part that ISNT covered by it.

good luck

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

Link to post
Share on other sites

The picking ticket will not be accepted as proof of when it was brought, as they don't have dates, only times on them (in store). The data that can be traced from this gets cleared every 3 months. If the item is still sold at argos, you can attempt to take it back. Otherwise you will need another form of proof of purchase.

 

Argos is liable under the sales of goods act to replace/repair the item, especially as the item is still under warranty. The easiest thing you can do is to write to head office (rather then go through loads of drama at a store, as 95% of people won't know what to do)

 

Just note, you are only covered if its a manufacturing fault, and not cosmetic damage (if the product can still function or if it is a minor fault). Doesn't include accidental damage/misuse/wear and tear

 

Write to the avebury address, quote the store, txn number and cat number, Explain what has happened and that it has a 3 year warranty and see what they say.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

Thanks all - guess what? I've found the receipt.

 

It was purchased in May 05 - so

 

1. Shall i take it back to the store and see what they say?

2. Just ring the number given in the manual?

 

Cheers again

Link to post
Share on other sites

They will put up a fuss in store, being over a year and all, its doubtful someone will know what to do, I mean I teach my manager consumer law.

Argos are liable, and would advice ringing either argos' customer services or the manufacture. Its upto you.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

I didn't take the extended guarantee with Argos - so am assuming it's the manufacturer.

 

I actually spoke to them this morning (manufacturer) and they have asked me to send it back to them for repair/replace.

 

Still tempted to take it to Argos first...

Link to post
Share on other sites

Your problem will be that you will have a fight on with Argos - you will, I'm sure, eventually get them to take it back, but for the same result with less hassle I would send it to the manufacturer. Your average store Joe, and indeed your average store manager Joe2, does not know the SOGA.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Result...

 

Took it down to Argos. Guy looked at receipt and said it's 2 years old. I said yes but it's guaranteed for 3 right? (and pointed to the box)

 

He then said "yes but that's with the manufacturer - i think" then went away for like a second to talk to his colleague and said we'll send it off for you. Great i said. He then went to his little PC at the back and came back with a suggestion... "I'll have to exchange it for you" he said. No complaint from me - hehehe

 

So i walked out with a new trimmer and NO argument whatsoever.

Link to post
Share on other sites

well done,

power to the people !!!!

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

Link to post
Share on other sites

No repair facility with personal hygiene items so it can't be sent off. Nice to see there was someone in the store with a brain. Anyways well done with the result

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...