Debt collector help

[william4421]

good morning guys i just need a little advice on some debt collectors (mmf)

they sent me a letter stating that i owe £386.28 for a loan from wageday advance which i dont

so i contacted them and said what the hell are you talking about to which there reply was you owe it so pay up or they will send a collector to my door

so i sent the a letter saying if you send one i will persue you for tresspass any way they did send one round but we were out

i have his picture on cctv so i sent them another letter saying that he has tresspassed and will forward that onto the police i also sent them a they send me a copy of the loan agreement which they did along with a letter saying

 

with referance to your leter dated 5 october 2012 regarding your account with us

 

i understand your concern to be that you revoke our doorstep licence and that you have never had the outstanding debt in your name

 

it then goes on and says the loan of £85 was taken in july 2011 and they purchased it in feb 2012

and they enclosed a copy of the loan agreement which states

 

creditor wageday advance

debtor [edit] and the address which i have never heard of and which isnt my address

 

so i sent them another letter stating that i have never heard of that address and they must have it wrong and are chaseing the wrong guy (which they are)

 

i then got a letter today which says

 

with reference to your letter dated

 

i understand your concern to be that you dont reconise the address on the loan agreement

 

as i explianed in my previous letter if you felt the loan agreement didnt relate to the loan you was aware of contact the police for them to investigate this further

 

untill we hear from the police saying you are not the debtor we will still pursue you for the debt.

 

 

can any body tell me what my next course of action to be

as they have put the debt on my credit file and i want it removing cheers guys

William

Edited October 26, 2012 by BRIGADIER2JCS
edited name

[42man]

Hi William, and welcome to the CAG forums, I will move your post to the Debt Collection Agency forums where you should get some more input.

[PGH7447]

Hi William, I suggest you check your credit files with the CRA's to make sure that this debt does not show, also write back to these muppets and state quite clearly that until they can prove that you are the person they are seeking, and a name is not proof especially if it is at a different address they should put up or shut up, it is not down to you to disprove who you are it is down to them to prove you are the person they are seeking.

 

I take it the agreement was unsigned?

[william4421]

hi thank you for your reply i have contacted the 3 credit ref agancys and the debt is on with experian and equifax they have removed them once but mmf have put it back on

 

and yes the credit agrement is unsigned it just has a name in the signature box for the debtor and the creditor one is blank

[PGH7447]

OK add to your letter back to these fools that any adverse data on your credit files should be removed forthwith, and that failure to do so will result in you taking legal action for recompense for entering untrue adverse data on your credit files.

 

make this an official complaint and address it as such, and give them 7 days to respond

[BRIGADIER2JCS]

good morning guys i just need a little advice on some debt collectors (mmf)

they sent me a letter stating that i owe £386.28 for a loan from wageday advance which i dont

so i contacted them and said what the hell are you talking about to which there reply was you owe it so pay up or they will send a collector to my door

so i sent the a letter saying if you send one i will persue you for tresspass any way they did send one round but we were out

i have his picture on cctv so i sent them another letter saying that he has tresspassed and will forward that onto the police i also sent them a they send me a copy of the loan agreement which they did along with a letter saying

 

with referance to your leter dated 5 october 2012 regarding your account with us

 

i understand your concern to be that you revoke our doorstep licence and that you have never had the outstanding debt in your name

 

it then goes on and says the loan of £85 was taken in july 2011 and they purchased it in feb 2012

and they enclosed a copy of the loan agreement which states

 

creditor wageday advance

debtor [edit] and the address which i have never heard of and which isnt my address

 

so i sent them another letter stating that i have never heard of that address and they must have it wrong and are chaseing the wrong guy (which they are)

 

i then got a letter today which says

 

with reference to your letter dated

 

i understand your concern to be that you dont reconise the address on the loan agreement

 

as i explianed in my previous letter if you felt the loan agreement didnt relate to the loan you was aware of contact the police for them to investigate this further

 

untill we hear from the police saying you are not the debtor we will still pursue you for the debt.

 

 

can any body tell me what my next course of action to be

as they have put the debt on my credit file and i want it removing cheers guys

William

 

Hi William,

 

Send the following letter to MMF.

 

The Compliance Manager

MMF

 

Ref: as on their letter..

 

Dear Sir or Madam,

 

I refer to your letter dated in you again allege that I owe a debt in the sum of £85.00 which has mysteriously grown to £328.26 please take note I do not acknowledge any debt to MMF or any company you may claim to represent.

 

As previously notified I have not at any time been a customer of Wage Day Advance and have not at anytime resided at the address quoted in your letter.

 

I find your demand that I should contact the police regarding the alleged debt as I have no interested in it, if your premis is that this is a fraudulent application it is foor MMF to report it to the police.

 

I would remind yuo of The OFT Guidance on Debt Collection 2003/2011: Section 3.7 (e) States : ''When seeking to recover a debt, failing to take appropriate steps witth a view to ensuring that the available data/information to inform the pursuit of a debt is accurate and adequate , such as the DEBTOR and (the amount of the) debt can be correctly indentified from that data/ information''.

Failure to do so may may reult in: The Wrong person being pursude for a debt.

A clear breach in this case, section 3.7 (m) is also relevant to this case, as is section 3.9 (a). In section 3.9 (j) The guidance states: ''

Requiring an individual to prove he is not the actual debtor who owns an outstanding debt.''

 

A copy of this letter is being sent to the OFT with a comment on the fitness of MMF to hold a cinsumer credit licence.

 

You may consider this a letter before action in regard to the false entry MMF have applied to may credit reference file held by (name agencies), I a will allow 7 days for MMF to remove ALL adverse data from any agency that this spurious account has be reported to.

 

Your wriiten confirmation that you have followed the instructions is required within the 7 day window allowed above.

 

This letter is sent by RM recorded delivery and receipt will be checked.

 

Final Response.

[Systemerror]

Have you taken a loan and you dispute the amount owed or have you never taken a loan with this company?

 

If no loan, send following recorded delivery:

 

 

Your ref XXXXXXXX

 

Dear Sir,

 

Further to your correspondance, may I remind you that you are pressing me for a debt that is not mine. I deem this to be harassment. In addition to seeking an injunction against you to prevent further such actions, I will make a claim against you for the distress you are causing me pursuant to Section 3 of the Protection From Harassment Act 1997.

 

This notice is valid, even if not read by you ( They like that ).

 

Yours faithfully

 

.......

[BRIGADIER2JCS]

I don't think this has reache harassment level.

[Systemerror]

There have been similar cases with british gas harassing people who they claimed to owe money but infact didn't. Harassment is only what a reasonably minded person in posession of the same facts would deem to be harassment and tinkering with someone's credit file while refusing to address the problem in my mind is harassment.

 

.....and I'm a reasonably minded person.

 

 

 

[kurvaface]

Edit

 

 

 

for the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other."

Edited October 26, 2012 by freakyleaky
Commercial link removed

[marmaris30]

Quite right - it is not your responsibility to call the police, because you're not the victim, they are. As PGH says, check your CRA files for any negative reporting, tell them to report their own problem to the police and that if they continue to harass you for something that is none of your business, you will report them to the OFT with a view to having their Consumer Credit Licence revoked. If they cannot produce evidence that you actually did receive the loan, they have no case in law and no business harassing you for money.

[kurvaface]

This is interesting. If you insert the name of the loan company in question instead of British Gas, do you feel their behaviour is the same?

 

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

Edited October 26, 2012 by kurvaface

[william4421]

right guys i have contacted the oft and the ombudsman i have to forward all my letters etc to the oft and they will look into them and see if the licence can be revoked

the ombudsman is sending them a letter with my complaint and is going to outline what the oft terms are the ombudsman has also contacted the credit reference agencys and it has now being removed again and i was told if it then goes back on i then have a claim of harassment against them and can pursue them though the courts for damages

i have to wait for a final letter from mmf with response to the ombudsman and then sent that to the ombudsman who will also investigate them and possibly issue a fine

 

thank you so much for your help guys

i would have just binned the letters from them but i was worried that it was on my credit file as we are soon going to apply for a mortgage and i dont want that affected

[PGH7447]

well done, come back with the oft's response, they always make good reading:lol:

[william4421]

as soon as i get a response from oft mmf and the ombudsman i will let you all know