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    • 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
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Incorrect RBOS default notice


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Hi,

 

I'm really looking for some advice/guidance on this one.

 

My fiancé had an RBOS credit card - which she paid religiously every month. She received an late payment charge due to moving house (and continued to pay the minimum payment at this time) - as there was a charge on this account this gradually increased the balance on her account over her agreed limit (i.e. further charges!)

 

She contacted RBOS in January to discuss this and advised she wanted to pay this off - she agreed to pay £50 a month and has kept to this agreement religiously ever since (there has been no missed payments)

 

She received a letter today from RBOS thanking her for her payment of £50 (latesst payment) and advising that subject to retention of all it's legal rights in default that they will accept monthly payments of £5!!

 

This came as a bit of a shock to my fiance as she didn't know she was in default and has never missed a payment. We called RBOS tonight who advised that despite the fact she had made a payment arrangement in Janaury and stuck to this religiously that they defaulted her in March (she never received any letters r.e. this) and they basically said there was nothing they could do and the issued the default legally... this is completely out of the blue - she has continued to receive monthly statements from them and they have continued to charge her interest!

 

My fiance is understandably upset by this and we're really looking for advice on what to do/where to go from here? - if anything? she has an excellent credit record and has always maintained her accounts well.. please can someone offer any advice or guidance??

 

Thanks in advance and sorry for the war and peace!

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Your fiancee should have received written notification of the default being applied. However, as this isn't my area of expertise I'll ask for further advice for you.

 

Best of luck :-)

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Yes Hedgey is correct.

They are required to send proper notification of intended default followed by that action taking place of notification also.They appear to be in breach of the 74 CCA.

There is no requirement to obtain county court judgements in order to register a default with a credit reference agency......they do not go down this route with smaller debts in view of the Courts hearing both sides of the arguement and more than likely refusing it if you can show that you were genuinly unable to pay but did make some arrangements/offers......this clearly appears to be the case here.

Your best shot is to produce all comms with regards to the arrangements including their original acceptance of repayments.

They can referre a default entry at any time to the Cras but as has been pointed out if the proper notifications prior to this were not adhered to then there is a case of injustice to be answered.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As Martin has pointed out a default notice has to be served (s87(1) of the Consumer Credit Act) before a default can be applied in order to give the debtor time to rectify the situation if possible. The default notice also has to conform in its content to The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 in order to be legally valid.

 

First step I think is to write to them and ask them to supply a signed true and certified copy of the original default notice. They are unlikely to have this.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yes but I prefere to use "Customise" rather than Doctor.......This is a term usually used to describe dodgy Dca submissions.

(Wont mention names but 2 begin with C )

 

Lol

 

Yes keep at it and keep us updated.

Remember if you are unsure.....best to ask instead of guessing.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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They have 28 days to supply the copy of the default notice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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can anyone advise what the best letter would be to use for this?

 

i'm thinking that now she should ask for her charges back as well as for the default to be removed??

 

can i also ask you guru's whether the current test case going through the courts will have any impact on this? - i'm guessing not as relates to bank account charges and the charges for credit cards have already been laid out etc??..

 

thanks again for all your help/replies!

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Does she have a list of the charges? What %age of the debt is charges?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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