Quid24 debt help

[antony20smith]

hi all,

 

today i recieved a strange letter from a debt collect called MMF (motormile finance) in regard to and old payday loan, which i actually paid back, i just refused to pay the £190 charges for letter which they never sent (they sent emails, 4 over a 14day period, which doesnt cost £190 ) they then wake on £47 debt collectors fee which also wasnt in the contract. for more info see my post here .....

http://www.consumeractiongroup.co.uk/forum/showthread.php?380640-quid24-carter-forbes-mercantile-motormile-debt-default-threat&p=4124557#post4124557

 

anyway, i have take plenty advice from this site, including the letters to stop debt collectors calling and knocking, i sent an email and a hard copy by snail mail, they both contained the following ...

 

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;

Dear sir/madam

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone and mail over the past few weeks and these have been duly logged by time and date. i have previously requested that these calls stop, yet they continue.

i now require all telephone numbers listed, (this includes house phone (0xxxxxxxxxxx)and mobile (0xxxxxxxxxx) ) to be completley removed from your systems.

 

i am of view that your continued telephone calls puts you in breach of the protection from harassment act 1997

 

if you continue to harass me by telephone (this includes calls and texts) you will also be in breach of the communications act (2003) s.127 and therefore i will report you to 'OFCOM', trading standards, and The office of Fair Trading, meaning you may be liable to a substantial fine, i will also seek compensation, be advised ALL calls from your company are being recorded and logged.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

yours sincerley

Anthony Smith.

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;

 

i today recieved this response from them ...

 

Dear mr smith,

 

thank you for your recent email dated 2 february 2013, regarding your account with us.

 

I understand you have decided to revoke your doorstep licence. You would also require your contact telephones numbers to be removed.

 

firstly, i can confirm that we removed the contact telephone numbers we help you form our records.

 

In relation to your notification of your revcation of the doorstep licence regarding our intention to send an agent to your home to discuss the debt. I can confirm that we are fully aware of this and we ensure that we fully comply with the Office of Fair Traing (OFT) guidance regarding debt collection and visits by agents. You are not correct in your assertion that, under OFT rules, we can only call at your home if you agree to make an appointment. the debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of timing of the intended visit.

 

In law, a creditor is in a different position to a postmant or a member of the public asking for directions. When you took this loan, you impliedly agreed that the creditor could communicate with you to discuss repayment. you do not have the contractual right to revoke that agreement until the loan has been repaid. Yet you have frustrated our attempts to discuss the matter with us either by letter or telephone.

 

We will not disregard any reasonable request you make as to the timing or method by which we have those discussions. unless we hear further from you with such a request, we therfore give you notice that our agent will be calling at your home address to discuss repayment of this loan.

 

we will continue to pursue you for the outsanding debt and request that you contact us withing the next 14days, with your payment proposals before we take further action to recover the debt. if we do not hear from you, we may apply to your local county court to obtain a county court judgement (CCJ) for the oustanding debt. the costs associated with this action will be added to the outstanding debt. once the judgement has been obtained we could ultimatley then refer the matter to the court bailiff to attend your property to recover the debt.

 

We would prefer not to have to pursue this matter through the courts, but your continued refusal to discuss the debt with us, will force us to take the above action. please contact us on 0800 9961103 to discuss your payment proposals. Our collections department is available between 8am and 8pm monday to Thursday, 8am to 6pm Friday and 9am to 2pm Saturday.

 

we look forward to hearing from you

 

yours sincerely

 

barry ellershaw

customer relations manager

 

 

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so guys what do you think? bit of a strange reply, never had this before with any collector, normally when i send the first letter in they usually give up and sell the debt on, these guys seem like they wanna play around.

 

what should my next step be ?

 

any help will be much appreciated!

 

thanks a.smith

Edited February 12, 2013 by antony20smith
take out phone numbers

[unclebulgaria67]

Do you have the written proof that you paid back the loan ? If so, I think you should send them a copy and advise them that you wish to make a complaint with the FOS. Ask them to look into why they believe an amount is still outstanding and provide a full response within 20 days.

 

You need to give these people 8 weeks to consider your complaint and after that you can refer the matter to the FOS. While the FOS are investigating, they cannot taken any enforcement action regarding this debt.

[havinastella]

What a complete crock of rubbish.

 

I would ask which law gives a debt collector ANY rights, let alone more rights than the postman?

 

And forward a copy of that letter to trading standards/OFT/etc etc.

[BRIGADIER2JCS]

They tried this nonsense before and got a rollocking for it I think it is a direct breach of OFT Guidance which MMF seem to have forgotten exists.

[antony20smith]

Do you have the written proof that you paid back the loan ? If so, I think you should send them a copy and advise them that you wish to make a complaint with the FOS. Ask them to look into why they believe an amount is still outstanding and provide a full response within 20 days.

 

You need to give these people 8 weeks to consider your complaint and after that you can refer the matter to the FOS. While the FOS are investigating, they cannot taken any enforcement action regarding this debt.

 

 

hi there, yes ofcourse i have proof, i kept all proof for these idiots, basically i took a loan with quid 24 , then a few days after having the loan i recieved a payment reminder to say it was due in so many days etc, so i contacted them via their website, (they dont have any phone numbers) expaining that i couldnt afford to pay it back yet as i didnt realised the laon was only for 7 days, i needed it for a further 14day days, i asked for extension etc they wouldnt help, they kept telling me they could not help me until the account had been in default for 14 days, withing these 14days they sent emails asking for payment and eachtime i explained when they would get there money, anyway the 14 days passed i paid back the loan, £100 original loan, £5.50 tranfer fee, £4.50 original interest, and £0.38p gesture interest (14 days @8% per annum) so the total i paid was £110.38 , they have been chasing me for the last 18 months to for the sum of £264.62 which they claim as £190 for 4 letters that they sent (via email) £47.41 debt collectors fee and the remainder is accumulated interest at 8% apr.

 

i can provide a copy of the contract, copies of all transcripts with quid 24, bank statement and chat transcripts both confirm quid 24 recieved the £110.38.

[antony20smith]

Date

DescriptionType [?]In (£)Out (£)25 Oct 11QUID24 LIMITED 500000000016431787 25OCT11 17:12 FPO110.38

[antony20smith]

thats my proof from the bank that i paid them £110.38

 

what mmf are chasing are the charges,

 

i requested financial help from quid 24 they refused to help until 14days had passed, until which the added all there charges, this is why i refuse to pay the charges, if they had been a bit more helpful i would of been willing to pay some sort of charge for being late, like £20 like most companie, but not £190 .

 

is there any sort of legislation, that could help me out here, i really begrudge paying the total of £264.62 in just charges. especially when the loans was only £100 and i have already paid it back, only 14 days late, but i did notify them and they refused to help

[42man]

Open a case with the Financial Ombudsman, they will charge this bunch £450 just to investigate your complaint...

[antony20smith]

i had a case with the FOS, they said i couldnt make a complaint as it was all in the contract, but they did start a complaint in regards to letters being sent as emails, i didnt take it any further as after i made the complaint and they were contacted by the FOS quid 24 stopped hassaling me , so i thought everything was good, they had given up etc, its only recently theyve started hassaling again, and in regards to the letters as emails, i dont think FOS could of done much as the letters as emails was in the contract which i dont think the guy from FOS knew.

[dx100uk]

4 threads merged

please keep to one thread per debt issue

 

moved to the MMF forum.

 

dx

[antony20smith]

4 threads merged

please keep to one thread per debt issue

 

moved to the MMF forum.

 

dx

 

this was a new issue , highlighting the fact that MMF are giving nasty responses the the letters, that many caggers suggest to sent to stop debt collecter calling and knocking,

 

and my appollogies i didnt see you had a dedicated forum for mmf.

[dx100uk]

no its ok

 

but its all linked to the same debt issue

 

if you look here

 

you'll see that MMF have their own set of rules

 

dx

[antony20smith]

i have noticed this, this last letter from them is a bit smug of them !

[renegadeimp]

I just want to break down the charges for you:

 

* Interest on the overdue sum at the rate applicable of 8% per annum. Not on a PDL loan they cant. Even the FOS stated that a while ago.

* £60 for the first reminder letter (which will be sent to you once the advance has become 1 day overdue) No they wont. They would find this impossible to justify. The charge must reflect the true cost of sending the letter to you. They are NOT allowed to make any profit at all from the charge.

* £50 each for the second reminder letter (which will be sent to you once the advance has became 2 days overdue)as above

* £30 for the third reminder letter (which will be sent to you once the advance has became 4 days overdue) as above

* £50 for the fourth reminder letter (which will be sent to you once the advance has became 7 days overdue)as above

 

The charges stated are extremely unlawful and could even be taken as "unjust enrichment".

 

I just noticed their address too. The good old mail redirection offices used by a few other PDL's.

 

Also:

 

5.4 There is no minimum term of this agreement.

 

Yet the agreement clearly states:

 

Our charges for an advance of £100.00 for a period of 7 days will be

 

 

I think its time you sent a "bugger off" letter but put in no uncertain terms that should they continue to chase you, you will not hesitate to contact the OFT and FOS and will also file a claim for harassment. With the FOS

Edited February 12, 2013 by renegadeimp

[antony20smith]

I just want to break down the charges for you:

 

 

 

The charges stated are extremely unlawful and could even be taken as "unjust enrichment".

 

I just noticed their address too. The good old mail redirection offices used by a few other PDL's.

 

best part is they charged me all of them, and never sent letters, they sent them as emails, EVEN CHEAPER !!

 

anyway guy im off to work now, feel free to post anything you think will help me , when i get in in the morning im going to tackle these idiots finally get them sorted because to be honest ive not kept up with it , i fight it when they start and when they go quiet i ended up forgetting or dropping it, but its about time i dealt with it fully, gunna lodge all complaint possible with whoever possible, to get these idiots of my back.

[renegadeimp]

You could always look at it like this. Tell them you would welcome court as a judge would take one look at it and throw the case out, granting you costs.

[antony20smith]

You could always look at it like this. Tell them you would welcome court as a judge would take one look at it and throw the case out, granting you costs.

 

believe me i have been contemplating this, with all the advice ive had from CAG member. even coming round to the fact that if i went ahaead and went to court, and it did get ruled in their favour, it would be a lesson learnt for me,

 

its just how much it would cost me if i loose, got to look at the worst case senario !

[renegadeimp]

If you play by the rules, it is pretty much impossible for you to lose. They are trying to claim unlawful and unenforceable charges. They are simply threatening and harassing you hoping you will give in to them.

 

I still think you need to write a full complaint to the OFT, and send a formal complaint to these muppets and DEMAND a final response. Then you can take it to the FOS.

[DanscoCAB]

Consumer Direct no longer exist - it is CAB they have transferred to

 

 

 

It is now Consumer Focus, run by CAB but runs just the same as Consumer Direct. Same number, mostly the same staff.

[fletch70]

You must send that letter to the OFT. I had almost exactly the same letter. I replied with a bugger off type of letter but i also added to what i hope is a pile of letters about them at the OFT. They can not act on individual cases but hopefully it will add to a pile of evidence stating they are unfit to hold a ccl

[fletch70]

Sorry did anyone notice mmf s assertion that they would get the ccj. OFT guidelines ripped to shreds