DCA Motormile Finance bypassing 141 withold number. **

[teaboy2]

Lol poor barnaby and ascent at MMF just do not get it do they. They chasing me for an alleged debt from early 2009 (prior to when i started my company) where the date they said i received it showed no such payment in my account and then the loan was one for 1 month but the agreement they sent was for 2 months with a second loan account created for the second month as result of extension in the 1st month, so basically the agreement is unenforceable as it is not the original executed agreement and half what they are after is in £12 charges for alleged failed debit payments which were processed without my permission for them to take such payments on such dates from my card

 

Now they send emails offering reduced settlement, so sent them one back stating by direct reply:

 

"Yeah and i told you lot that the debt is unenforceable plus the documents sent did not prove the debt was mine either.

 

You are to stop sending me mailshots, and to cease and desist your actions to enforce this.

 

Also i never gave you permission to process my data, so unless you stop now i will have no choice but to isssue you with a formal section 10 notice under the data protection act. Along with reporting you to the OFT and the ICO along with any other relevant body."

 

This company doesn't have a clue about leglisation, i had to tell them the laws on default notices and how failure of such is unlawful rescission and as such can not be enforced.

 

Just report them for harassment and to the oft an all relevant bodies.

[BRIGADIER2JCS]

This just needs the debt to be put into dispute formally now.

[teaboy2]

Well well now MMF phone me at 8pm about the debt. Asking if i denie the debt, i said i not saying either way as the first date you gave me nothing had been paid in and on the 2nd date i do not know, because i do not have a statement for that date. (had to order the one for the 1st date so am not ordering another one). Anyway i told them its in dispute and unenforcable, they threatened to report it as fraud to the police, i said you can't, am not denying it or acknowledging it eitherway as i do not know if the money was paid, but what i do know is the agreement is unenforcable and there was no default notice either which also makes it uneforceable. They said it will be enforcecable by matching your IP, i said no it won't as the cca is not enforceable so it can not be enforced.

 

If they report it to the police as fraud and the police visit me i will sue them for libel and making unfounded allegations on a disputed and unenforceable debt in and attempt to get payment.

 

Oh and all this after i told them not to call me as per the telephone harassment letter. So will sue them for harassment to under the protection form harassment act 1997

Edited June 29, 2011 by teaboy2

[BRIGADIER2JCS]

This thread is confusing me now started by loosinmymind seems to have been lost

[teaboy2]

Brigadier sorry if my post confuses you but i am simply posting it so people know what lenghs MMF will goto and so losingmymind knows what maybe ahead.

[BRIGADIER2JCS]

Fine, no probs.

[DonkeyB]

Why did you talk to them? Did you record it?

[teaboy2]

they called on the house phone not on my office phone so no recording, though i will look at forwarding calls to home phone to the company phone system as its online based so can be accessed in any location basically. I wasn't expecting the call but i put them in their place and followed it up with a letter before action with a section 10 notice under the DPA sent via email (reciept of which has been received confirming they have opened it). So if they report me for fraud when theirs no evidence of any fraud is simply an unenforceable and disputed debt, then i will sue for libel, harassment and blackmail (attempting to extort money form me by threatening me).

 

I get the feeling these guys will do the same to losingmymind here, so we should help him/her prepare for it.

 

Basically they think they can enforce an unenforcable debt that was also unlawfully terminated (no DN) by reporting the debt as being taken out fraudulently.

[losingmymind]

Thanks teaboy, all taken on board just in case. Meanwhile MMF have continued to leave messages on my voicemail, so I guess it's another call to Consumer Direct today...

[steve15640]

Having trouble with MMF too, they called my work last week and spoke to someone assuming it was me (with same first name) and was on the phone challenging him over a debt they say i owe, how embarrasing for me, my colleagues now know im being chased !!!

 

Arent they supposed to go through data protection questions etc before speaking to you over alleged debts ???

 

If so, who do i complain to ??

[dx100uk]

ico and local ts or as the last msg says..........consumer direct...

 

dx

[losingmymind]

Have spent several mornings this week on the phone to Trading Standards. MMF have continued to phone and text since my last post, even saying in one text that they will be turning up at my home unannounced within the next 4 days! TS have managed to put a halt to MMF harassment for the time being, so it looks like I won't be getting that unannounced visit! It would appear that MMF are perfectly capable of responding to TS when TS say 'jump'! The long and the short of it is that TS are now in possession of a letter that was apparently sent to me on May 25th with the CCA agreement etc., which I have not received. (It wouldn't surprise me if MMF have contrived their evidence to make it look as though I was deliberately not responding to them, hence their harassment being passed off as reasonable attempts to collect the debt). Seeing is believing though, and TS have said they're going to forward it to me. I'll post when I have it to see where I should go from here.

[Bazooka Boo]

Get your MP involved also.

[losingmymind]

I am now possession of something that resembles the CCA I'd originally requested. MMF corresponded with me and sent me a copy of the letter that was supposedly sent on May 25th (but without the CCA). Interestingly enough the final sentence of the copy said "Collections activity has been placed on tempory hold, pending your reply and we look forward to hearing from you". Funny how they stepped up their harassment from the 27th - some 'temporary hold'! Although I do strongly suspect that this letter has been cobbled together in light of my informing Consumer Direct and TS of the harassment and they have made it look like reasonable attempts to recover the debt following a CCA being sent out - yeah right!

 

The actual CCA didn't come direct from MMF but in a copy from TS that MMF had forwarded to TS. It's 23 pages long! It was my intention to post it here, but it's going to take forever to scan and upload. I've checked through to see if there are any anomalies I can use to question whether or not it's enforceable. Is there anything I should be looking for?

 

TS have told me that once the company isues the CCA it becomes enforceable again. I have read somewhere on this forum (it may even have been in this thread) that most of these CCAs from payday loan companies are unenforceable anyway. This being the case, on what grounds may they be unenforceable?

 

In the meantime I have received a text from MMF late Friday afternoon saying "We have not heard from you since our letter confirming the details of the Quick Quid debt. If the matter is fraud please advise" and this morning "Please call MMF on (different phone number to usual). We must discuss a serious matter with you urgently or visit www.paymile.com for an online discount. Access code (their ref no.)" Looks like the harassment is starting all over again. Don't they ever learn?

 

I would appreciate some advice as I need to know how to pursue this. Many thanks.

[BRIGADIER2JCS]

I for one would not agree that ALL the agreement can

be unenforceable.

As to CCA's the agreement is unenforceable only in that

the creditor cannot start legal action, the debt remains due,

and a DCA may still look for payment.

Once an agreement has been produced copy or reconstituted

court action can be started, people also need to be aware

that of now an application form signed by the debtor, especially

if statements are produced showing traceable transactions

are being accepted by the courts.

 

You need to post up the agreement after removing all

personal information and bar codes if any for the guys

to be able to advise.

[losingmymind]

This issue continues, I'm afraid...

 

I am trying to communicate with MMF via email, using the email address on their two letters they have sent me in all this time qq(@) mmile.com . I have not received one response via email, and even asked them to at least acknowledge the email address is live, but nothing. They have continued to text me and leave messages on my voicemail, and I even replied once telling them this is my one and only text to them, that I 'don't do texts' (I don't - I'm not just saying that for their benefit) and have insisted on correspondence in writing whether that be by post or email. They are totally ignoring my requests and continuing down the text route of 'our home visit dept wants to make an appointment with you'. What part of 'no home visits' don't they understand? They have received the no home visits letter from me at least 3 times via post and a couple of times via email (if the address works).

 

I have been back on to TS again and my contact said she would email them (she has an email address that works for them because they have 'jumped' when contacted by TS on my behalf previously) and ask that they communicate in writing/email, but she did say that it is not law for them to comply. Unfortunately the texts have continued this week. They are threatening the home visits once more (and I believe them because they have turned up uninvited before). I now have a very delicate situation at home - my house mate's father is seriously ill in hospital and the prognosis is not good at all, which I have explained to TSin the hope that they can get through to these clowns that their actions are extremely insensitive at the moment. I told TS that I am not averse to dialogue with MMF, but that it must be writing/email only, but it appears I am still banging my head against the wall over this.

 

I've read on other threads that some people have been having email correspondence with MMF. Does anyone have an email address that is known to be 'live' for them?

[BRIGADIER2JCS]

Send a Formal Complaint to their compliance manager,

there is a letter in the CAG library re telephone harassment

and door step visits.

[losingmymind]

Thanks, will do.

[Bazooka Boo]

Here is the telephone harassment letter. http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Get back onto TS and demand they take action, of they say they cannot, or will not then ask them who you need to speak to to bring MMF to account?

 

IMO I would be down my local police station and lodging a formal complaint with them about MMF for the criminal offence of harassment, I guarantee one call from the police to put MMF back in their box will have the desired result.

 

Contact your local MP also, get them to raise the issue in the commons, after all that's what they are paid for and they are supposed to work for their constituents.

http://www.writetothem.com/