Motormile Finance - False CRA entries , was removed, now back again.

[Asbestross]

Hey all,

 

Looking for some advice on this one.

 

Have a default registered on my credit file with Motormile Finance.

 

Queried this as per the 'Prove it' letters, no response, so sent a CCA request and queried it with the Credit Reference Agencies also.

 

43 days after sending the CCA request I received a 'reconstituted agreement' which they claim I signed.

 

This was apparently for a payday loan - which I have never taken out.

 

I immediately sent them another letter asking for details of how this was taken out in my name, statement of account, notice of assignment etc....

 

EDIT: Sorry Notice of Assignment was sent to me a few days after this, dated 2xth September 2012 stating that on 1x July 2010 Motormile Finance

bought the alleged debt and all payments should now be directed to MMF.

 

Nothing further for two weeks, I received an email (not letter) stating that:

 

as they have adhered to sections 77/78 of the Consumer Credit Act they have provided all the proof they are required to.

...no further communication will be made to me until I make an offer of payment

 

True to their word, no further contact from them... new tactic? What concerns me though is the Default on my credit file.

 

I have had emails from Equifax and Experian, stating that they have failed to respond to their communication,

as such the data is assumed correct and will remain on my file

 

What??!

In what world, does a DCA failing to respond to a CRA's request automatically prove legitimate data?

 

On a side note, Motormile have now exactly 4 days before they are in breach of my Section 7 Subject Access Request

Edited October 15, 2012 by Asbestross

[dx100uk]

a cca or no cca will not get the account removed.

 

you need to find out who the OC was and approach them with regard to fraud.

 

MMF would have brought the debt off the OC, and thus their name replaces all the OC's info

on the CRA file.

 

if you find it is fraud

 

then your local police fraud office or actionfraud might be your best bet.

 

so you NEVER had any PDL's?

 

dx

 

 

dx

[Asbestross]

I have had a Payday loan in the past, but never with the company they're collecting for.

 

Just find it strange that they refuse to discuss it any further unless I agree to make payment,

when all they've provided is a 26 page document which they claim to be a CCA.

Its ludicrous I tell thee lol. They're even refusing to give a statement / default notices etc

 

I'll get to the bottom of it, starting to wonder if the most recent tenants at my last address we're up to something :/

 

One thing that strikes me as odd, they claim to have bought the debt from Mucky Hall,

Mucky left their default on my file and Motormile added another for the same debt,

with a different default date (some 6 months prior).

 

Mucky have removed it after discussing with them, but when I did query what it was about ..

. all they said was

"You'd need to ask Motormile about that."

(he gave a laugh, muttered something to a colleague which I didnt catch and then asked me to "wish them luck" ?

 

Ah well, i'll speak to the OC, SAR if needs be and report it as fraud.

 

I'm also quite annoyed with the CRA's.

 

The creditor refuses to acknowledge or even respond to their queries,

yet they take that as legitimate data .

Gonna write a firmly worded letter back to the CRA's also I think?

 

Cheers

[dx100uk]

so you are saying that you have TWO accounts on your CRA file for thi s same fraudulent debt?

 

dx

[rdm2006]

if they purchased it off mucky, who did mucky purchase it from as they are also a dca ?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?369104&p=4016953#post4016953

 

dx

[Asbestross]

Yep two accounts, although Mucky have just literally removed their account from my file. I do have copies of my report from prior to this if needed (I PDF my credit report every week)

 

Same OC as your link dx100

 

Edit: Believe the action fraud site is down also, can anyone else verify this?

[dx100uk]

ok well if mucky hall have remove their account

 

i would write MMF and ask WHY when 'their' OC has removed it - why dont they!!!

 

dx

[Asbestross]

Update regarding this.

 

Both Equifax and Experian have sent a follow up email stating that as they have had no correspondence from Motormile Finance, all accounts have been removed from my credit file.

 

Thanks for your help

[BRIGADIER2JCS]

good result!!!

[dx100uk]

hey 10/10!!

 

 

dx

[Asbestross]

Looks like MMF completely disregarded my concerns and complaint, see letter below. They've made no attempt to put the account back on my credit file however.

 

The letter tennis continues

 

Letter 1

Letter 2

 

I did have a chuckle at their claim a company will only issue a Default Notice if they intend on taking this to court, so in not so many words admit no DN was sent... and then in the next few sentences advise that they will pursue this in court if required

[Asbestross]

I know I should probably ignore all further correspondence from Motormile, but have to admit I love their threatening letters and its more evidence for the OFT / ICO / FOS. Have just drafted this response letter, could someone proof read and let me know if this is ok?

 

Dear Motormile Finance UK Ltd

Reference: xxxxxxxxx

Correspondence without Prejudice

 

Thank you for your letter, dated xxthOctober 2012, details of which have been duly noted.

 

Firstly, I feel the need to address yourcomments with regards to a Notice of Default in relation to this allegedaccount. As you have stated previously, this alleged account is based on aConsumer Credit Act 1974 regulated agreement, a document which I have notsigned I might add. As per your comments, and Motormile Finances admission thata default notice was never sent in relation to this account, I feel the need torefer you to s.87(1) Consumer Credit Act;

 

87. Need for defaultnotice.

(1) Service of a notice on the debtor or hirer in accordance with section77 (a ‘default notice’) is necessary before the creditor or owner can becomeentitled, by reason of any breach by the debtor or hirer of a regulatedagreement, -

(a) to terminate theagreement, or

(b) to demand earlierpayment of any sum, or

© to recover possessionof any goods or land, or

(d) to treat any rightconferred on the debtor or hirer by the agreement as terminated, restricted ordeferred, or

(e) to enforce anysecurity.

 

As per my Credit Filesyou have been continually updating a defaulted account within my file inrespect of this alleged account; as no Default Notice had been issued inrelation to this alleged account, Motormile Finance are in breach of theConsumer Credit Act 1974. In light of this complaints will be raised to theOffice of Fair Trading and Financial Ombudsman Service.

 

I would also like topoint out that at no point previous to my correspondence have I received aNotice of Assignment. As Motormile Finance have been continually processing andstoring my data without following the legal procedure, and without my priorapproval, this also places Motormile Finance in breach of the Data ProtectionAct and OFT Guidelines. As such, a complaint will also be raised to the InformationCommissioners Office for further investigation; providing previouscorrespondence as evidence of my complaint.

 

As this allegedaccount has been sold to Motormile Finance, with no valid Default Notice beingserved, you will be fully aware that no remedy action can be taken as theaccount has been unlawfully terminated. I specifically challenge you tohighlight the sections of current legislation that stipulates an OriginalCreditor can sell rights to an alleged debt, without issuing a Default Notice. Isuggest that if you have any doubts as to your rights, or lack of, under theConsumer Credit Act 1974 or Data Protection Act 1998, you seek legal counselaccordingly.

 

I also refer to yourcomments, indicating your intention to pursue further action in respect of aCounty Court Claim. I feel that the points highlighted within this letter, andprevious correspondence represent a total defence in light of any claim you wishto initiate, and advise that if this action was to take place I would defendrigorously as well as issue a counter-claim.

 

This letter is dulyserved as a statutory notice under s.10 of the Data Protection Act (1998) tocease processing any data in relation to this account with immediate effect.This includes removing the account and my personal information from yourinternal records, and from my records with credit reference agencies.Furthermore under s.10 of the Data Protection Act (1998), you are also deniedthe authority to pass on any of my personal data.

 

I look forward to yourresponse,

 

Yours Faithfully

 

Should I send this, or just file their letters as evidence and ignore all further?

[BRIGADIER2JCS]

Hi get rid of the ''without prejudicce'' it's a very dangerous phrase and if used in certain circumstances will damage your case.

I will mean is this case YOU will not be able to present the letter as evidence in court.

 

Otherwise OK.

[Asbestross]

Ok, received this letter from MMF this morning. What utter dribble.

 

MMF Recent Letter

 

I've also just had the following from Equifax:

 

Dear Mr ME

 

Thank you for getting in touch.

 

Motormile Finance (Uk) Ltd has investigated your query and have told Equifax the below response:

 

"Information we have shared is correct. Default notice was sent. Amendments not necessary"

 

This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.

 

The note that we added, stating that your information was in dispute will be removed within 24 hours.

 

You’ll find more information about your credit report at: www.equifax.co.uk/help. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

 

New credit report generated by Equifax, and the account is back on there. Looks like its time to get heavy.

[Asbestross]

Another interesting letter received from MM.

 

Accepting that no default notice has been sent previously, however:

 

We have requested confirmation of this from the Original Creditor, should confirmation be received that this was never issued, Motormile Finance will issue a default notice for this account directly

 

And the very next sentence explains how they may issue for court proceedings, however to avoid this, they're generously giving an offer of 50% reduction to settle. LOL!

 

Gets better and better

[DonkeyB]

I don’t understand why you are getting involved in all this technical tittle-tattle if, as you state, this is not your debt.

 

Your statements to them should simply be that this is not your debt – invite them to issue a DN and take court action.

 

Ditto, it’s not for you to contact the police, as you are not the victim – the original creditor is. That’s something for MF to ascertain, as they have bought a lemon in that case.

 

Arguing like you are implies you know something about the debt, so be careful.

[BRIGADIER2JCS]

Have to agree there DB!

[Asbestross]

Believe you me, I agree completely.

 

But despite numerous letters advising that this isnt my debt, regardless of their inability to provide any proof and following on from a complaint to the ICO / OFT and FOS, they're still maintaining the stance of 'Well your name is on our system so we'll continue to chase you for it'.

 

I would ignore all from them, but they have a default on my file for this and are also refusing to remove it. Even after threatening them with court action, they still fail to listen to reason.

 

What else can I do apart from initiate legal action?

[BRIGADIER2JCS]

That is what you must do, cease the discussion and ACT!!!

[DonkeyB]

Yup. One final LBA then issue the claim for trashing your credit rating.

[Asbestross]

Ok, thanks for the clarification.

 

I'll draft a final LBA and send it either tomorrow or Tuesday.

 

On a side note, they're around two weeks past the deadline for my SAR which I served on them in September... Time to get heavy.

 

Thanks again,

[Asbestross]

Ok, so sent a final LBA giving them 7 days. They in turn passed the debt to Marshall Hoares

 

Had no notice of assignment, just a rather interesting letter about how i've failed to contact them, advising that my file is organised for a county court claim and that if I dont make payment within 7 days they 'WILL' issue a court claim against me and they 'WILL' contact my employer to force an attachment of earnings Blah blah blah.

[DonkeyB]

Get serious. Issue a claim.

[Asbestross]

Just a quick update with regards to this. Several developments since my last post (in my favor) if nothing further by Monday next week, then the N1 is being submitted to court.

In hindsight I should have taken this action long ago, but didnt want to appear too hasty to start legal proceedings.

 

Dont wanna disclose much at present, but all i'll say is its a clear cut case and i'm very confident of the outcome.

 

I'll update again once its been filed and as progress occurs.