dorabellaboo
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MMF - false reporting on credit file
dorabellaboo posted a topic in Motormile Finance UK Ltd/Lantern
This is an interesting one.... I have an outstanding default from MMF (now lantern – ROFL) for a payday loan last paid in feb 2012 (the loan was paid 10 fold over this was the point i said no more). The default was registered in May so its just due to be dropped off my credit file and statute barred, so I thought it prudent to down load a copy to keep on file. To be honest I haven’t really paid much attention to this one as i had bigger dragons to slay but on printing out the report I have noticed a discrepancy in the reporting with a payment of £1 showing , then disappearing, then showing in Jan , feb and march 2016 J F M A M J J A S O N D 2016 138 139 138 :-x138 138 138 138 138 138 138 138 138 2015 139 139 139 139 139 139 139 139 139 139 139 I have learnt a lot of lessons along the way so I am a meticulous record keeper at NO POINT Have I contacted them about this debt, put in a cca request or made any payments. This is blatant false reporting and also means at first glance that i have paid towards the debt, thereby acknowledging it which means it is not statute barred. I know I should let sleeping dogs lie as they have yet to action this but part of me wants to take action as it is just WRONG - is there anything I can do such as reporting them to the ICO. They are bottom feeders and use tricks like this to make so many peoples lives so miserable - i want to fight back. -
that is very useful to know - thank you right onwards and upwards with the FOS thank you for your help
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Thanks so much for taking the time to reply, it is very much appreciated:-) just to clarify a default was never entered at any CRA for this debt but i did receive a notice of default. I think they are referring to a QQ loan originally taken out in jan 12 which i continually rolled forward last payment was made in March 12, but the idiots have sent me the Credit agreement for a previous loan so i am waiting for a bank statement to prove that it was paid but i am guessing they will catch up!! The last correspondence with QQ was in July 2012 when i tried to set up a payment plan - so that would, i guess, be the date from which the statute barred clock starts as the debt was acknowledge in writing - albeit email is it worth going to the FOS for irresponsible lending and should i challenge QQ for the knock back as the last loan WAS taken out with in the 6 year period? MMF have agreed to put my account on hold for 30 days like i said i paid the loan back and well over £3k in interest - i really dont want to pay those cockroaches any more (sorry if i have offended any cockroaches)
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Dear all I wonder if you can help? Last week I received a letter from our friends at MMF chasing a quick quid loan and threatening a CCJ. This made me take my head out of the sand and decide to do something – but I fear I might be too late I had 15 loans from QQ from December 2010 to the last one in (which was an extension of an existing loan taken out in Dec 2011) in March 2012, which I didn’t pay to break the cycle. I have paid over £3k in interest. I took a loan out every month which was an increase or an extension. At the time they lent to me, whilst I was on a good salary, due to mental health issues I was in total financial disarray. I was on a DMP with debts of approx. £38k, I had 8 defaults and also debts with Wonga (written off) and Payday UK (paid in full). QQ never reported a default to any CRA (although they did send me a default notice y email in june 2012) to be honest with sorting out all the other messes I conveniently forgot about them until MMF kindly got in touch. further to the MMF letter I wrote to QQ to complain about IL and had a standard template reply saying its past 6 years so we don’t have to do anything go to the FOS. I also wrote to MMF informing them I didn’t acknowledge the debt, that the account was in dispute and asking for the loan agreement. They have agreed to put the account on hold for 30 days. So my questions are 1) is it worth going to the FOS after all this time? I have evidence of my financial state at the time as kept a couple of old Credit reports, I could get bank statements (not sure if they will help my case due to my salary and borrowing) but cant do this until pay day, 2) have I now acknowledged the debt by putting the claim in thus resetting the clock 3) as I paid to extend the loan in march 2012 does this count as a new loan (asking as this would be under the 6 year mark?) 4) would it be worth just offering MMF a low FFS figure I really do want to avoid a CCJ or default or do they have to wait for the FOS complaint I have worked so hard for the last 10 years to pull myself out of this mess and am nearly at the finishing line , I really don’t want to give up without a fight. TBH i dont want any cash back just acknowledgement that the last loan is unenforceable
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Many thanks for the prompt response I will wait for their next move
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Hi thanks for taking the time to reply - it is very much appreciated sorry I wasn't clear in my first post. The request was further to a pre action letter as per Practice Direction Pre-Action Conduct i requested sight of the documents they intended to rely on in court namely · The Default Notice; · The Termination Notice; · The Notice of Assignment; · Statements of account; I am aware that it is a rolling credit agreement and that s.77-79 of the Consumer Credit Act 1974 doesnt apply nor CPR at this stage as they havent taken action. Their response has only included statement of accout for 1 year 2005 -2006, the letter states they can not provide the termination of account/default notice or the notice of assignment (i happen to have a copy of the termination letter on file). there is no further mention of legal action or request for payment in the letter. The account no longer shows on my credit report and it has been over 4 years since any payment has been made (the account has been passed from pillar to post and i have not made any payments to Cabot) i am aware that they can still go to court with out any documents and often to - my intention is to try and keep them at bay for as long as possible until statue barred. should I just let sleeping dogs lie thanks again for your time
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Hi just a quick question . back in March 2015 Cabot were chasing me for an overdraft defaulted back in 2006 . I requested The original default notice and deed of assignment from Cabot. They have today provided a statement dating back to 2005 up to 2006 but nothing more, they have also confirmed in the letter that there is no deed of assignment and no record of a default notice from the original creditor. No mention of further legal action or request for payment in the correspondence should I be worried? Last payment was made via dmp in February 2012 . Under CPR rules should they provide the default notice and deed of assignment before taking legal action as I have requested them ?
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Hi All thanks to the amazing advice given on this forum I was able to successfully defend and win a case against capquest on a HBOS Credit Card:-D my question is as part of their claim they submitted 6 years of cc statements (2006 -2012 when the account was passed to the DCA despite me being in a DMP) which showed charges including default fees (£12) and letter charges (£25) can i now claim these charges back ? many thanks for taking the time to read my post DBB
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thanks a million
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The debt orginated in 1998, I am on top of what to do thanks to this great forum but I just want to send them a rocket in the post as they are playing silly sausages!! could you perhaps point me in the right direction of where it states that I am within my rights to ask for the CCA with the information i have given them and do not need to provide my D.O.B
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sorry yes they are talking rubbish or yes they can ask for the information?
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Hi All I wonder if you could clarify something for me. I sent a CCA request to portfolio recovery and they have returned it stating they want in addition to the information i have given them, (reference number, full name, address ) my date of birth which they say they need have to comply with the Data protection act are they talking rubbish? i have never had to do this before? many thanks for your help
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low and behold i received a letter from DF on Saturday stating that the have are liaising with the assignor of the debt to get the information and cant at present comply. They state that they expect to have the information from lloyds by 25 April but cant guarantee that they will have a response by that date they end with this paragraph: "we would assure you that our file is currently on hold and that we will not proceed to request judgement against you until you have been allowed no fewer than 14 days to review our replies and to file your response to the claim accordingly" Could i trouble you for more advice as i have a feeling that this is utterly disingenuous: 1) my understanding is that a defence to the claim can only be extended by 28 days - what do i now tell the court? Do i simply tell them that DF have put the file on hold and send them a copy of the letter and therefore it is stayed?? I dont want a judgement by default to be entered. My last date to submit is 22nd March (this could be their cunning plan) 2) OR do i risk go ahead and enter the defence anyway or will this look like i am not being reasonable? my understanding is that they should not begin proceedings with out the necessary paperwork being in place. it clearly states in their LBA that " we will, if necessary, show the court copies of your credit agreement and statements to prove our claim" 3) it is highly probable that they wont have the signed credit agreement as this was taken out in 1997/8 - without this am i right that even if a judgement is eventually entered it cant be enforced? thank you as always
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I wonder if you can help again Despite chasing by letter and email drysden fairfax and capquest have failed to comply with my CPR 31.14, section 18 and cca request . I have not even received an acknowledgement . I want to defend on proof as they are unable to supply the documents would you advise that I continue to chase them for an extension or submit an n244. I have until 22nd to submit a defence Many thanks
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Hi thanks again for taking time out of your sunday to reply I have sent and email to Drysdenfairfax to request an extension to my claim. I think the only grounds i have for defence is the claiment of proof, The orginal agreement was taken out in 1997/98 and it has been bounced around since 2006 with the last payment through CCCS in 2011. I will let you know if I hear from them, I will wait til wednesday and then call many thanks again
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an ex partner ran up the debt but it is all in my name No i dont have any records of asking for PPI claims or cancellation (although i am sure i did it)
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thank you for replying yes I have until 22nd to file my defence
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Hi all sorry to bother you all again but i am starting to get very worried as i am unclear what to do my CPR 31.14 request is now 6 days over the due date for response, i have heard nothing from the solicitors or CAPquest. Do I now contact them and request an extra 28days, I dont want to appear unreasonable but equally i dont want to allow them additional time. I have no idea how they have come to the sums owed, looking back at my records I have paid back the orginal default amount but this looks at face value that it is made up of interest, PPI and charges therefore I need the documents to defend my claim. could you please advise me of my options I am so sorry to ask again
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just an update of where i am: CCA sent to capquest and copy sent to DF solicitors CPR 31.15 and section 18 sent to DF and copy sent to Capquest SAR sent to BOS all sent recorded all received have printed out confirmation and filed with letters (sent each one separately so they cant deny receipt ) I would be grateful if you could help with a couple of queries: 1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct? 2) "chasing the CPR 31.15. I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest 3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time 4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned updated copy am i right that i can refuse this as part of my defence ? I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line) 1) That the particulars of the claim are vague and do not allow me to file a proper defence 2) i have had a relationship with BoS but did not enter into any contract with capquest 3) i cant defend the contract as one has not been supplied I have asked them for it and given adequate time but they have not complied as per CPR 31.15 4) the claiment has not stated when the contract started or how the sums have owed have been calculated 4) the claiment has not supplied documents reasonably claimed for and has yet to show proof of a) that a credit agreement was entered into with capquest b) how the sum owed is calculated c) that they have been assigned the debt does that sound right thanks again for all your help - I am very grateful
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Hi all Quick question sent my cca form off to capquest and according to Royal Mail they have redirected the letter ????? Should I resend ?? Sorry am just really worried as time is ticking Thank you
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Thanks Sytra that is really useful to know , I'd be grateful if you could let me know how you get on. All cca etc sent off today so the journey begins !
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Hi Thanks so much for your help, I am really greatful for your help yes the solicitors are drysden fairfax and it is not signed by an individual it just says drysdens ltd t/a drysden fairfax does that make any difference?
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amazing - thank you! i will send off tomorrow
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Hi Am sure it is RBS but will double check as i may have got mixed up with bank of scotland???? the particulars are as follows the claim is for the sum of £9097 in respect of monies owing by the defendent on a credit agreement held by the defendent with lloyds banking group under account number XXX38L upon which the defendant failed to maintain payments a default notice was served upon the defendant and not complied with by virtue of sale agreement between lloyds banking group and the claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter thanks so much for taking the time to help me, am at my wits end
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Hi All I would be grateful for some advice as to how best to proceed , i will try and make a long story short i got into a mess in 2006 joined a CCCS DMP and paid the majority of my debts off, tbh by 2011 I was exhausted by 5 years of living on the bread line, most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim) i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know I have been receiving the odd letter from capquest and ignored them . today i got a ccj claim form for £9000. This i think relates to a RBS credit card debt . the card was taken out in 1995 at the date i started the DMP i owed £12k, this escalated to £16k as they applied charges, interest and PPI charges for 4 years from the start of the DMP, RBS only issued a default in 2010. in total i paid £9K towards the debt and stopped paying in April 2011 so at best i owe them £3k but i do really want to dispute it on these grounds 1) they continued to add charges and interest even though they knew i was on and had accepted my DMP thus escalating the debt and the amount showing does not reflect what was actually owed 2) the issue of the original default does not reflect the date when i informed them of my financial difficulties and they accepted the DMP 3) Capquest are contesting under the name Lloyds banking group and I have not had any correspondence with or acknowledged any debt my questions are 1) how do i dispute this 2) do i have any grounds at all or am i whistling in the wind 3) should i try and negotiate with capquest say offer them 2.5 K for what i think is outstanding - but i would need to pay over a year i really dont want a CCJ as it could affect my future employment prospects any help would be gratefully received
