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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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Russjo vs HSBC


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Hijack away.

 

Back to a spot of business

 

I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

The defence is as follows:

 

1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied.

For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services" :p

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Hi Jo,

Best to just check with the local court as to whether there is still an AQ fee. Some courts are still charging for it although they've dispensed with the AQ. (That's if your claim is over £1500 of course)

 

Hope I'm not preaching to the converted here, Jo - I think you've been down this road (at least) a couple of times already. :-)

 

PS - this would seem to be the standard defence blurb from DG et al.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hiya Johnny,

Nope you're not preaching at all, this is my first time in the legal process, the others settled before getting that far, so I'm going to need you guys to run things past you. The claim is for £243 including interest so I think I can safely say that I don't need to pay the AQ fee. Suppose I just wait for further directions from the court now, or is there something else I should be doing??

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Hiya Freaky,

Yup done that straight after I filed the claim. Who do I send the nudge letters to, DG, HSBC or HFC???

Jo

xx

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Believe me, I've got loads to do speechless-smiley-040.gif. I'm going to file a claim for my son's and my account against A&L and my dad's against Barclays, just to make sure we don't lose out. I've also got another claim on the back burner against HFC and two credit card claims for my son, that's without PPI and just living :D . If you can find anything else, I'd be really grateful as I don't appear to have accumulated enough grey hairs over the last week to plead a case for hardship LOL. Truthfully, thanks for your help, like I said, I'm gonna need it and if you can point me in the direction of a nudge letter I'd be grateful for that too, if not, that will be reading for tomorrow night :)

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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The waiting game begins again Jo! ;)

 

I know you're a busy lady , but if you have time, have a read of this thread (#1) which Latty pointed me towards. Apart from being a good laugh, it may also relieve the fear of actually having to appear in court.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108302-found-new-posts-very-new-post.html

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 3 weeks later...

Hi Guys

Just back from holiday in Bulgaria and catching up with my washing. Now all I need to do is catch up with what's what on here. Thanks for the links and the nudge letters. Hope to be back on track asap

:)

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Wecome back, Jo, hope you had a great time!

 

As you've probably gathered, the whole scenario has changed. Court stays are flying around like confetti and it depends on your court as to whether you can have it removed.

 

I don't know if you've had anything from the court, but rather than bog you down with info have a read of some of the stickys above and you'll get the gist of it. Also have a look at these (courtesy of Latty):

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

http://www.consumeractiongroup.co.uk/forum/general/111117-stays-info-guidance.html

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

However, bear in mind that you can't ask for a stay to be lifted before you are notified that one is in force.

 

I think I'll leave you to it, Jo -that's enough to be going on with ......:shock:

Nice to have you back on the forum :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Guys,

Holiday was great and I'm still chilled out. I'm finding it really difficult to get motivated again. I've just today had my HFC (HSBC) case stayed at Bow County Court. Can't make up my mind what to do with my A&L claims. I just want to make sure that I don't lose out on the statute of limitations. Nothing's straight forward and I could really do with "straight forward" at the moment :(

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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My thinking is if something is straight forward and easy to do then it's not worth doing! Any claim you have, get it in now! once it is stayed it is then in the system ready to be dealt with once the oft case is sorted!

 

It's not a problem it's a challenge! If everyone can do it then your not special! Anyone can be complacent but not many can stand up and fight for their rights!

 

Please don't respond to this post with clichés! LOL:D

 

Seriously, glad to see your fighting on Jo!

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untitled.jpg

 

Go get 'em again, Tiger!!

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Guys,

I think I've come to the conclusion that as I just cannot get to the court myself to file my claims, I will just use MCOL and get them into the system. The earliest day off I've got during the week is October :eek: and I really don't want to wait that long.

 

I know what you're saying about straight forward, but I'm only managing to pop on here every now and again at the moment, however, generally, I am a Tiger who loves a challenge (just not so many all at the same time :) )

 

And Freaky, LOOK AT YOU SITE HELPER!! Congratulations well done.

 

I'll let you know how I get on

xx

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Hi Pete,

Funny enough, I read that somewhere this evening, so that has made me feel a whole heap better. I'm in the midst of sorting it out and it will be in the post within the next few days.....PHEW! Thanks matey

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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