Motormile finance formal notice of legal action

[mkp2506]

Hello everyone,

 

Iv'e just joined CAG and would like some advice in regards to MMF. I have a lot experience in dealing with DCAs, I just ignore them if I'm honest as I know they have no legal powers to enforce any debt or judgement, however, today i received a letter from MMF stating that they want me to contact them within 7 days to make a payment or they will lodge a CCJ against me.

 

The debt is with quick quid for £492.00. I am not disputing the debt and I have every intention in repaying once I am in employment. I will pay QQ but not MMF.

 

I have no way of scanning the letter so I will type it out word for word and see what people on here make of it. I just believe its a scare letter, but I might just be wrong on this occasion. Anyway, here goes,

 

FORMAL NOTICE OF LEGAL ACTION

 

DATE 16/05/12

 

Dear Mr XXXXXXX

 

REFERENCE XXXXXXX

DEBT BALANCE£492.00

DEBT QUICK QUID PAY DAY LOAN ASSIGNED TO MOTORMILE FINANCE LTD

 

Despite numerous attempts to resolve this matter amicably, you have chosen not to contact us.

 

UNLESS WE RECIEVE YOUR PROPOSALS FOR REPAYMENT WITHIN THE NEXT 7 DAYS, then we will issue COUNTY COURT legal action against you. This will increase the size of the debt due to legal costs and interest.

 

After obtaining a CCJ against you, which will be recorded against your credit record, we will enforce it by:

 

INSTRUCTING BAILIFFS TO SEIZE ASSETS FOR SALE AT AUCTION; AND

OBTAINING AN ATTACHMENT OF EARNINGS ORDER AGAINST YOUR EMPLOYER.

 

If neither of these enforcement methods result in payment, we will have you summoned to court for questioning under oath(ORAL EXAMINATION). Please note that if you fail to turn up for any such hearings the court may, ultimately, issue a warrant for your arrest and sentence you to prison for a short period of time (typically 7 days).

 

Please note that this a standard letter and the matter has now been placed into our legal process. If you reside outside of England and Wales legal jurisdiction, separate (but similar) legal processes will apply(e.g Northern Ireland and Scotland). IF YOU HAVE ANY DOUBTS AS TO THE MEANING OF THIS LETTER YOU SHOULD CONTACT THIS OFFICE IMMEDIATELY.

 

We reserve the right to rely on this letter when the question of legal costs arises at court.

 

NO FURTHER NOTICE WILL BE GIVEN

 

Yours Faithfully

 

MMF.

 

Thats the letter in full, my instincts tell me it is nothing more than a scare tactic. I just wan't a second opinion from members of CAG incase my instincts are wrong. Oh and for the record, they have fallen short on their promises to send out doorstep collectors. They have been writing to me for quite some time, as well as other DCAs threatening door step visits and iv'e not had one.

 

Any feedback from this letter would be much appreciated,

 

Thanks

[renegadeimp]

Theyre assuming they will win. Remember, you can file a simple defence, turn up in court, force a rep to appear from MMF and show your side to a judge. Then you can make repayments that the judge sees fit, and they cant get a CCJ.

 

Also that threat of prison is completely wrong. 100%. Get that to the court yourself and to the OFT as what they are saying is blatant lies and 100% incorrect and illegal.

 

What you need to remember though is you cant just refuse payment until you are employed. Even if you are unemployed and on benefits, offer them £1 a week/month (this is the max any court will make an order for).

 

Want me to draft up a template for you to send them?

[phillyg]

Motormile turned up at my house and I politely told him to f##k off. My debt was then passed to NDR followed by marshal hoares baliffs. I reported them to ministry of justice. This was from a qq loan.

[phillyg]

Also just to let you know I think motormile are just all mouth and no trousers.

 

I had the same letter and nothing happened.

[renegadeimp]

Because everything in the letter is a lie and is illegal. You could take action on them for saying you will go to prison. That is called demanding money with menaces and is a criminal act.

[millitant]

it is also an offence to state that they will be taking legal action in 7 days and fail to carry out the threat, and yes, i to have had one of those letters and have ignored

[renegadeimp]

It's not a offence, but it is breaching OFT guidelines.

[BreakFree]

I just returned from Holiday to find the exact same letter waiting for me.

 

All it did was make me rage due to their threats and decide I`ll take my day in court with them whenever they want. I`m not paying these bottom scrapers a single penny for a debt that was written off by the original creditors and then they come long and buy it for pennies, then try to strong arm me into paying the full amount. Mucky Hall were ignored and they sold it onto MMF, who will also be ignored. Get stuffed I say...

 

MMF have a terrible reputation even amongst DCA`s. I`m holding onto that letter for the OFT, should MMF try to continue their nonsense.

[renegadeimp]

If it was written off by the OC ad you have it in writing, breakfree, send them a letter that states that there is no debt, you do not acknowledge it and you will not be paying anything to them, along with a COPY of the document that states it was written off. Then ignore them or have some fun with them.

 

If they continue to harass you, you can take out an injunction against them plus contact the OFT. (You should have done the latter already)

[BreakFree]

I don`t have a document saying it was written off, renegadeimp, i just meant that QQ had sold it on to Mucky Hall and when they had no joy, MMF bought it. I am paying off other debts with my very limited income at the moment and decided that MMF can just go whistle...

They just don`t factor into my priorities at the moment and with the blatant abuse of the legal process they threaten to use in the letter, well it`s just made me more determined to ignore them completely now! Chancers.

[uk007]

I ident think the bailiffs could be used to remove goods because the debt is unsecured ?? Maybe I'm wrong but I'm

Going through hell with QQ they are refusing to enter my dmp which I am setting up at the min they are stupid

[renegadeimp]

Bailiffs are a long way off in regards to ANY debt, civil or criminal. The debt has to go through multiple processes before it even starts to get to court, then you have to go to court, explain yourself and the creditor needs to win the case. Then you have to default on the court order, go back and explain yourself, and only then can a bailiff get involved.

 

Any threats whatsoever from a creditor getting bailiffs involved, MUST be reported to the relevant authorities. Similarly any companies calling themselves bailiffs, but are not registered as such need reporting ( Some DCA's try to claim they are bailiffs). If you dont report them to the correct authorities for the threats and misrepresentation, then you are agreeing with what they are saying and indeed, doing.

[millitant]

It's not a offence, but it is breaching OFT guidelines.

 

 

to true but any court would treat those official guidelines as though they were statute legislation

 

an example would be the ACAS code of practice in employment law and in a tribunal. not exactly a court of law as such but you get the idea

[renegadeimp]

Not really. They are GUIDELINES, not law. The court can use them as a baseline, but if you have reported the company to the OFT stating that they have breached the guidelines, and the OFT decides to take action, then you are on a much firmer footing.

 

Thats why PDL's/DCA's and even banks get away with so much. If the guidelines were written into law, then we wouldnt have the problems we are seeing now.

[foxtrotoscar]

i have sent motormile the don't come visit letter but they have continued to harass and say they are coming to visit, what do i do now

[millitant]

to be honest they allways say they will visit

 

i have lost count the amount of times they have said it to me

 

even if they do come

 

tell him to sod off

 

best advice i will give is ignore and dont let them wind you up as the letters are designed to do just that

[renegadeimp]

i have sent motormile the don't come visit letter but they have continued to harass and say they are coming to visit, what do i do now

 

File a FULL complaint with the OFT and include all evidence you can, and then also file a FORMAL COMPLAINT with the creditor you are having trouble with and make sure to outline it fully, but simply. Make sure you tell them that you are giving them 8 weeks to resolve this complaint or issue a final response.

[millitant]

Mr

JUBILEE SPECIAL

Our ref:

Re:

Debt value:

The Queen's Diamond Jubilee approaches, marking 60 years of her reign. In recognition of this historic occasion, MMF are offering a 60% settlement offer to selected accountholders.

If you have received this email, then you are eligible for one of the offers below

Diamond offer - pay 60% of your debt in comlete settlement by debit or credit card. The payment must be set up on our system with a final payment date of Thursday 31 May 2012. We will notify the credit reference agencies of the payment.

Gold offer - pay 70% of your debt over 2 monthly instalments. The same conditions as above apply with payment 1 no later than 31 May 2012 and payment 2 no later than Friday 29 June 2012.

Ruby offer - pay 80% of your debt over 3 monthly instalments. The same condition apply with the payments to be made no later than 31 May, 29 June and 31 July 2012.

Call now to set up your discounted arrangement: 0800 9961103 or 01138 876876

We are open 9am to 9pm weekdays and 10am-4pm weekends.

Website: www.mmile.com

Text:

Don't miss this special occasion or these special offers.

Yours faithfully

Legal Assessment Department

Motormile Finance UK Ltd

this is the latest one, i have gone all through the threatograms. the ones in big bold type stating pre home visit/home visit dept

legal dept/legal assessmant/pre court, etc,etc

they realy are hollow threats

i to can do big scary bold type

[renegadeimp]

You REALLY need to get this to the OFT and FOS. That letter is taking the proverbial **** now. It's basically the normal offer to reduce the amount they claim you owe ( they know you dont owe what they say), but now theyre claiming its a "special jubilee offer".

[millitant]

[renegadeimp]

Get that to the OFT militant. They are breaking regulation by sending it, and are borderline breaking the law in regards to demanding money with menaces.

[millitant]

those letters are the ones sent to myself and not the cagger who started this thread

 

it just shows the various threatograms they send out

 

oft have allready been allerted

[mkp2506]

That's the same letter I had sent through to myself Millitant. I am in the process of sending this to OFT. I have every intention of ignoring these parasites.

[toofiegap]

and don't forget that thr MD and owner has an IVA registered against him also

[uksimon]

Guys, sorry to place this down in the discussion but has anyone ever questioned if the ability to sell the account needs to be listed in the Contract?

 

Surely if a contract does not state that the owner has the right to sell the account or pass to other parties then the debt will always stay with the original party?

 

I signed to say i agree to a contract with QQ and not any other company. The contract never mentions they have the right to sell it on, just says it has the right to add charges to cover the cost of tracing address, taking me to court and for costs of communication.

 

Any opinions on this?