Motormile Finance DCA- Doorstep Visit **

[BRIGADIER2JCS]

IMHO if they turn up at your work place if your employer is sympathetic and or you

feel threatened or intimidated call the police on 999.

[cerberusalert]

OFT Debt collection guidance

 

Debt collection visits

 

2.12 Examples of unfair practices are:

 

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Heropanda]

I am going to send the the doorstep visit letter but am I right in thinking this will not stop them from turning up at work?

 

I would think that them coming to your place of work would contravene 2.6J of the OFT guidelines for debt collection looking towards acting in a way likely to cause embarassment or revealing the debt to third parties. The guidance also states that vague threats to come at certain times are against the rules so maybe you should contact that East Ayrshire trading standards chap?

[toofiegap]

I received another mail today from them despite sending them doorstep visit letter to no avasil they literally told me I am still going to be visited and if i didn't speak to them they were going to take legal action.

[cerberusalert]

Make a complaint to your local Trading Standards they are in breach of OFT guidelines..

[Bazooka Boo]

When and "IF" the little children turn up on your property, take their photograph or film them, then instruct them to get5 off your property, if they fail to do so, ring the Police 999, and report that you have a stranger on your property who refuses to leave when told to do so, and you believe they will cause a breach of the peace.

 

Financial and personal matters ARE NOT discussed in public or on your doorstep.

 

You MUST report these to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948 first thing in the AM, and also drop an email to your local MP.

[Heropanda]

They said this to me also, after acknowledging the doorstop letter they said they would still do a home assessment report from the public highways surrounding the property, bit of a waste of time as i don't own it but que sera sera.

 

I've had a ****ty week of sleep problems, in part related to these stresses so i hope you find a way to cope and not let it get to you as much.

[Bazooka Boo]

I always welcome these so called doorstep collectors, even telling them the dates and times I will be in to greet them and discuss their concerns over something as trivial as money.....no-one has ever kept to our arranged appointments? I have no idea why??

 

Once you realise that it is YOU who is in the driving seat and YOU are the one who has complete control both legally and financially, over these pathetic deluded companies, then the sooner YOU will take the fight to them and make them wish they had never heard of your name least of all got into the corrupt rotten to the core industry they have chosen for their sad careers...

[cerberusalert]

They said this to me also, after acknowledging the doorstop letter they said they would still do a home assessment report from the public highways surrounding the property, bit of a waste of time as i don't own it but que sera sera.

They could save time and money and use google streetview like some other idiotic threat monkeys.

[toofiegap]

Unlike other collectors, MMF doorstep agents will attend addresses on early mornings, during the day, on evenings and at weekends until such time as we are able to make positive contact.

 

taken from thier website blatent threats of harrasement dont you think ???? unless I am mistaken this suggests they will keep calling on you until they get thier own way.

[dx100uk]

well tough luck they are not going to get their way.

 

sorry but i cant see why all this time is being spent talking about them.

 

they have no legal standing to do anything

 

they call anywhere - you call the police simples

 

forget about them and get on with your life.

 

dx

[ScarletPimpernel]

How I wish these clowns would come assess me from the public highway in my current location. I am certain the Taleban would ensure a warm reception... On the other hand, perhaps they would make a bit of practice for the sniper platoon - 'you spot 'em, we slot 'em'.

 

I am sure that these weasels are attempting to intimidate people with their threats, but all they are really saying is that they will stand on the road and look at your house. Must take real cojones to do that. Worthless cretins.

[2Grumpy]

Or do it safely in the comfort of their office using streetview - that would match their claims

[BRIGADIER2JCS]

Probably can't use Street View to complicated for them, so they have to troll around the streets in dirty macs:madgrin:

[cerberusalert]

Or do it safely in the comfort of their office using streetview - that would match their claims

 

Blimey there's a delayed echo in here today.

 

post #34

[panther12]

They can send that bint pictured on their home page round to me anytime...she looks well dirty!

[BRIGADIER2JCS]

:madgrin:Behave she's from an ad agency the real ones look like ZELDA from the TerrorHawks

[teaboy2]

I wouldn't worry about the Muppets, i have had numerous emails with Mr B Page the MD, and put it this way i ended up having to explain the law on unlawful recission and NOA, he even asked if unlawful rescission would invalidate the Assignment, which it doesnt (actually). Then he sort then we are entitled to enforce, so had to explain to him the even the unlawful rescission does not invalidate the Assginment they still can not enforce in the courts due to it being unlawfully recinded.

 

Still thinks he can take me to court lol.

[BRIGADIER2JCS]

I wonder if he is related to the infamous Mr. HART, sounds like the same sort of drivel:madgrin:

[teaboy2]

Lol just a shame i can not post the emails conversation up as you guys would laugh your heads.

[BRIGADIER2JCS]

Just give us the gist TB it'y Monday could do with :madgrin:a laugh

[teaboy2]

Ok below is am abstract from one email, barnabys in blue text with my red text in response to what he said.

 

The last i heard from him was about 2 weeks ago when he said he would respond to my last email i sent, which was sent after his last email made it clear his intention to take legal action (cough cough), on the monday. Not a whimper since then - but i bet they try again with getting the desk monkeys to send out threats of door step visits after another 3 months of silence, despite me revoking them license to visit twice now lol.

 

Dear ***********

 

Thank you for your reply.

 

I take your points, although I’m not sure legal (and lawful) assignation of the rights under a contract amounts to unlawful rescission.

 

I never said the assignment itself was unlawful or that the rights of the assignee are effected (as to their ownership), Unlawful rescission is the termination of a contract or in this case credit agreement, when the original creditor sells the account without serving a valid or accurate default notice to the debtor. As such the following case law confirms the failure of a default/termination notice to be valid is unlawful rescission.

 

“Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).”

 

So the assignment and ownership is not unlawful itself and perfectly legal, but selling the account without a valid default notice being served is unlawful rescission – though unlawful rescission of contract itself, does not make the assignment unlawful. But it does mean the assignee can not enforce the account/debt in court, and also the assignee can not remedy the invalid default notice. Though an invalid default notice can be remedy by the original creditor, BUT ONLY PRIOR to selling the account, once the account is sold, and as with (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) case law, the agreement ceases to exist and therefore can not be remedied. Though a debt still exists with or without an agreement - Though with no valid agreement, or if such agreement is unlawfully rescinded, then the assignee can not enforce the debt via the court, to do so would not only be an abuse of the court process, but also itself unlawful. So their are for this purpose to different acts, act 1 being termination of contract, act 2 being assignment of account/debt. IF act 1 is done unlawfully it does not effect the legal ownership of act 2. though the assignee can not enforce the account/debt if act 1 was done unlawfully, though that does not effect their legal ownership of the debt.

 

Further, I am not sure there was anything to rescind from as ** had already full performed their obligations under the same and the credit period allowed had already expired. As for a default notice, it is without question that such a document can be lawfully and properly served at any time prior to the date of issue of a legal action. Even if it turns out that a default notice has not been served (and my information is that is it has), the simple remedy would be to serve one.

 

Doesn’t matter, they still had to perform the service of a default notice as per the CCA ACT 1974 for which the agreement is governed by. As they failed to perform to serve a default notice under the agreement governed by the CCA act 1974 then they did not perform their legal obligations under said agreement (if it ever existed) as such they terminated the agreement whilst in breach of the CCA ACT 1974 (and therefore whilst in breach of contract) even if a debtor fails to pay, the creditor must still adhere to the CCA ACT prior to terminating the agreement, by issue a default notice, failure to pay is not a breach of contract as the default notice under part vII allows for the debtor to remedy and by doing so the ACT is clear that when a default (failure to pay) is remedied then the breach will be treated as never have occurred. So the debtor is not in breach of contract until they have received a valid default notice and failed to remedy the default. That is why it is so important for a creditor to serve a valid default notice allowing 4 working days for postage (before it is deemed as served) after the date of the notice, and another clear 14 days (it’s a statutory right for a debtor to have 14 days to remedy form after the date the default is deemed served) after after the date it is deemed as served for the debtor to remedy. So to put it simply a default notice is a legally required notice that must be served on a debtor informing them of the their breach and allowing the to remedy and put the agreement back to where it was before the default, hence why law states that upon remedy the breach will be treated as not having occurred. So if the default is invalid or not served then no breach on the debtors part has occurred as such a breach only in the eyes of the law occurs after a valid default notice is issued. So default of account is not the same as a breach of agreement, as a default is not a breach of contract as a breach of contract only occurs when a valid default is issued and the debtor fails to remedy the default. You simply can not serve a default at anytime prior to legal action, it must be served by the original creditor and be valid and contain the prescribed content prior the the original creditor selling the account. Once sold it can not be remedied by ‘simply issuing a new one’, the law is clear on that as is the case law above (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998)

 

Just too add, it took me in their first phone contact to me, just 10 seconds to to get their desk monkey to hang up lol.

 

Straight (less then 60secs) after that mr Page called me so they most be a very small office, so probably a small time company.

Edited June 20, 2011 by teaboy2

[Happyhippy1959]

yo, what an outfit.. Where's this chick that does the calling,,, might invite her in for a herbal ciggie and a chat.. if she's as good as Bazooka say's. hippy off to find this chick...

[Happyhippy1959]

Yo,,, just seen her, she can knock on mine any day. ..!!!!!!!!!!!!!!!!!!!!!!!!!!! But on a serious note, surely they can't be serious..... hound you till we get you... my God...

[teaboy2]

Shes not worth it Hippy, she only lasted 10 seconds with me, and that was just on the phone to me lol