Well today I got a response to my complaint. In part, it said:

We have reviewed the loan agreement which had been sent to you and can confirm that this relates to running account credit. The loan agreement provided shows your first contract with the business but as this is running account credit, further loans can be obtained under this agreement. We trust that this helps to explain why the details vary, however, if you would like further information on this, please feel free to query this via complaints@mmile.com.

Surely, if a new loan is issued, a new credit agreement is issued too?

They have said this is their final response and invited me to complain to the FOS within six months.

Nothing on paper. Its all via e-mail.

Regardless, whatever their response is, it will be going to the Financial Ombudsman and cc'd to FCA

Hi

10 days ago, I get sent an e-mail from MMF saying my debt is being referred to Moriarty Law. Ummm, OK then.

I replied saying, "I have no knowledge, please provide agreement etc". 4 days later, I get e-mailed a copy of an agreement from Wageday Advance. The signature is dated 23 November 2012 and the credit limit is £120

I then asked for statement of account, breakdown of charges and notice of assignment. On 23 March, I get a very simple breakdown saying the loan date is 1 May 2013 and the original loan value was £330

Those two don't match.

I asked if this debt was included in the redress scheme arranged between MMF and the FCA and was told it wasn't.

On Friday, I asked for the complaints procedure and for all debt collection activities to be halted; I got that today.

I will be asking for this debt to be included in the redress scheme and for all current and future collection activities to cease.

All I can say is, if you get an e-mail from MMF chasing debt ask for proof and lots of it.

What you say is prob true and the reason why most LLs ask prosp Ts for last 3 months current a/c bank statements, to show prospect's pattern of expenditure, balance monthly income/expenditure, with sufficient credit to pay rent when due. Failure to provide would be detrimental to application IMO

.

I have never shown bank statements to a tenant. They have references from my current landlord and my employer. I would feel uncomfortable sharing my transaction details.

There is often a lot of confusion, fear and trepidation when those of us with less than perfect credit files have to go through the process of being referenced and credit checked for a new tenancy. A simple google will show that there is conflicting information out there about what landlord and letting agencies can and cannot see.

WHAT LANDLORDS CAN SEE

When you are credit checked for a tenancy only the public data can be seen and shared:

• Electoral Roll
  
• CCJs
  
• Bankruptcies
  
• Name/DOB confirmation
  

WHAT LANDLORDS CANNOT SEE

Any private credit data is not allowed to be shared:

• Defaults
  
• Missed Payments
  
• Arrangements To Pay
  
• Number of open/closed accounts
  
• Type of open/closed accounts
  

As landlords do not share credit data they are unable to see credit data shared by other companies about you. It all comes down to reciprocity. To allay any further doubts Experian state on their website what can and cannot be shared to landlords:

http://www.experian.co.uk/consumer/questions/askjames370.html

The information landlords and agents can see from your credit report is limited to publicly available records, including court judgements and insolvency records. They cannot see information about your credit commitments, such as credit cards, loans and mobile phone contracts.

And from Equifax

Thank you for getting in touch.

 

I can confirm that Equifax will only show public data including County Court Judgements and bankruptcies during rental checks.

They have filed for a CCJ for a debt of £59? These people are all kinds of wrong.

Will do on Monday and post recorded.

I'll keep this thread updated.

The letter from MKRR mentions their recent letter with regards transfer of ownership. This is referring to the notice of assignment which will say from where ownership was transferred from. Did you not receive this letter?

I may have done but thrown it away. Should I ask for a copy of notice of default and notice of assignment?

OK, was ownership transferred from the original creditor HSBC or someone else?

I'm afraid I do not know

I can't read the docs on my tablet unfortunately.

 

Can you remember taking out a HSBC credit card and if so when and what were the circumstances of the default.

Hi

I can remember taking the card out. This would be around 2005/6. Around this time I was high as a kite. I was diagnosed with rapid-cycling manic depression and was on a course of Olanzapine and Lithium so a lot of things I did back then I cannot quite remember.

you'll need to PDF those

 

 

dx

I will try and do that at work on Monday

Hi

The last payment according to them was via a collection agency of £10 on 12 August 2009. When I actually last paid HSBC I have no idea.

The list of things in the pack is:

Application Form

Credit Card Agreement Terms - Original

Credit Card Agreement - Notice of Variation

Credit Card Agreement - Current Terms

The old address which was written on the application form was indeed my address at the time.

Hello again

Big delay in this as i have just received in the post this morning a big pack from MKDP about this HSBC credit card.

The letter from MKDP considers this a final response to my concerns. Inside is what they consider to be a "list of payments made in recoveries" and "reconstituted copy of credit card agreement." Intriguingly, the credit card application has an old address of mine hand written into it where it says "signature".

I have checked my credit file and this debt does not show. Presumably because it defaulted so long ago.

So I was thinking of asking MKDP for proof of that payment made just over five years ago and stringing this thing out to August next year. I am nervous about doing that, though, as they could easily start CCJ proceedings before the end of the six years.

Also thinking about asking HSBC to refund any charges.

I don't have a scanner so I have attached JPegs of what they sent me.

They are registered with The Law Society and accredited by the Solicitors' Regulation Authority so I assume there are a "real law firm"

He had Provident for a while too I think but he paid her off.

The guy always came round on a Monday and the dates that Shopacheck sent Merliglen match up to Mondays.

And the amounts paid match what the agreement said was to be paid every week.

I just thought that one letter from Moriarty Law

(who, even though in Guildford, gave Old Bailey as an address on their letter which was weird)

led to a CCJ was quick going.

He requested the signed agreement. Merliglen sent him that and a breakdown of all payments received. No penalty charges (why the APR so damned high) and no PPI

I would advise you that Moriarty Law is not a law firm to take lightly.

My ex-housemate received a letter in July from them on behalf of Merliglen Investments for an old Shopacheck debt of £201.76.

Two weeks ago he received a letter from Northampton County Court as they had applied for a CCJ.

The balance owed now is £325.12.

Hi

The call caught me a bit on the hop as I was just unloading the washing machine!

No, the debt doesn't show on my credit report. It was the "notice is all the proof you need" stuff that annoyed me

Hi

I received a call this morning from a company called MKRR asking about payment on an HSBC account.

Never having had one suspicions were raised.

I asked her what the debt was (credit card)

how much (£1605.73)

when it defaulted (14 January 2008)

if that meant statute barred

- no as payment of £30 was made in 2009

As I told her I had no knowledge of this debt

I asked for proof of debt to be sent out

- default notice and proof of last payment.

She said the notice of assisgnment was proof of the debt

but I wouldn't accept that as any company could send me a letter saying money is owed

but that doesn't proove that said debt actually exists.

She was also unable to give me proof of when/how last payment was made as it wasn't made to MKRR.

The call ended with her saying statements will be posted out to me.

Later on today the postman comes with a letter from MK Rapid Recoveries dated 11 February saying:

"Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment"

Does this company just buy statute barred/near-barred debts?

And am I right in believing that a notice of assignment is all the proof they need of a debt existing being a pile of poo?

You deal with calls separately by way of a formal complaint. THe bank is the one to cancel the CPA not the lender. It is very rare youll get a PDL to cancel a pretty much guaranteed method of payment.

Had a call today from Paul Geary at Cash Genie. £90 overpayment being refunded. Advised still proceeding with Ombudsman complaint and, as calls are recorded, asked him to listen to my previous call when I was lied to about what were in the t&c

Why havent you told your bank to cancel the payments and start chargebacks for unauthorised transactions?

I'm concerned about telephone calls to work and home - it would be highly embarrassing.

I mean, if I asked for a one month rollover, do I add up the subsequent interest payments and if they total the initial capital + interest, reclaim the rest?

I do want the ombudsman's complaint to carry on

Hi

I took out a small loan of £75 towards the end of December due at the end of the month. I rolled over that month paying £22.50. Every month since then it has rolled over without me asking and without them telling me.

In March I made a complaint via their online complaints page. A month later no reply. I called them and asked why it had rolled over so many times to be told "its in the T&C" and "we only take the full payment if you ask us"

OK........

So, waiting for the 8 weeks to be up from my initial complaint, I submitted my file to the CCTA and the Ombudsman.

I got an email from the CCTA yesterday asking me to call Paul at Cash Genie as he had been trying to contact me. Phoned them, Paul was on the phone, told I would get a call back. Nothing yet.

Checked my bank this morning and Cash Genie took the rollover payment again and the capital payment of £75.

Should I just wait for the Ombudsman?