MMF wanna default 5 yrs old Wonga debt NOT on my CRa file!!

[Mpatton81]

Hi,

 

Recently joined, so please go easy on me. I received an email from MMF recently, so called them. They claimed I owed a payday loan debt and they now have the rights to the debt. Having recently just cleared my credit file of all defaults, I was anxious about them reporting another default, so being naive I paid them £100 to stop them reporting to the CRA's.

 

However, having done a little digging since, I am sure the debt was statute barred. Does anyone know where I now stand, and what my next course of action should be. If it makes any difference, I live in Scotland, where our debt laws are a little different from the rest of the UK.

 

Thanks in advance for your help

[renegadeimp]

If it was SB'd before the payment ( 5 years of no payment or written acknowledgement) , then just ignore all communication or send the SB letter. MMF are a very very shady company and MUST be reported to the OFT who are the regulators.

[maroondevo52]

Hello and Welcome,

 

In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor. So whether or not you have made a payment after the five years makes no odds, the debt no longer exists.

[dx100uk]

Hi,

 

Recently joined, so please go easy on me. I received an email from MMF recently, so called them. They claimed I owed a payday loan debt and they now have the rights to the debt. Having recently just cleared my credit file of all defaults, I was anxious about them reporting another default, so being naive I paid them £100 to stop them reporting to the CRA's.

 

However, having done a little digging since, I am sure the debt was statute barred. Does anyone know where I now stand, and what my next course of action should be. If it makes any difference, I live in Scotland, where our debt laws are a little different from the rest of the UK.

 

Thanks in advance for your help

 

one word ..muppet they fleeced you the buggers!!

 

how did you pay?

 

if by card get it back NOW

 

phone you bank and do a chargeback.

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx

[sillygirl1]

Report MMF to the OFT, they are taking the proverbial.

 

Even their own 'on hold' message states they can 'offer a generous discount, payday loan or other loan to help clear your debts' which is against the OFT Guidelines in Debt Collecting.

 

They seem to have a shed full of these debts (I discovered mine was actually repaid in full in 2008 so it is a non- debt).

 

You now need to write to them and state that you were not aware of your legal rights when you made a payment and now want that money back - and if not you will take them to court for chasing a statute barred debt and causing a lot of financial hardship.

[Mpatton81]

Ok, thanks for the advice people. My worry was, as I had now acknowledged the debt, that the 5 year period would start again. I will write and ask for a refund (although I won't hold my breath). Got a feeling that's £100 I'll never see again, but now I know they won't be getting another penny.

 

I'm taking it they can't place a default against my name for a debt that is statute barred? The original debt was never on my credit file. I know this because I cleared all the debt that had defaulted on my credit report, and there was no mention of this loan on it.

 

Thanks again

[dx100uk]

how did you pay?

 

dx

[Mpatton81]

how did you pay?

 

dx

 

Paid by visa debit card. I will start the chargeback process. But no doubt they will contest it, and it will drag on and on.

[renegadeimp]

There is a specific thing you can mention that would get you the chargeback. It's payment under duress or something similar to that. Im not exactly sure, but i know a relative has used it once or twice, even when the creditor has stated that it was legit.

[Mpatton81]

Thanks, every piece of information will help. Do I have to notify MMF of the chargeback, or just the bank?

[dx100uk]

follow the link i sent

 

dx

[Mpatton81]

Thank you dx. I read that when I got up this morning. Must have been half sleeping, and not taken it in.

[Mpatton81]

Thank you dx. I read that when I got up this morning. Must have been half sleeping, and not taken it in.

My bank have said they cant do anything. The only people who can refund me are MMF.

 

Can't believe I was so stupid.

[dx100uk]

wrong

 

you did stipulate you wanted a chargeback?

 

many bank staff are unaware of the chargeback scheme nor how it works.

 

you need to demand it an go up the tree till you get it.

 

KEEP asking to speak to a supervisor then his boss etc etc.

 

dx

[Mpatton81]

wrong

 

you did stipulate you wanted a chargeback?

 

many bank staff are unaware of the chargeback scheme nor how it works.

 

you need to demand it an go up the tree till you get it.

 

KEEP asking to speak to a supervisor then his boss etc etc.

 

dx

Yeah, I spoke to an advisor and told her i wanted to chargeback a transaction from last month, and she transferred me to the dispute department. Again I told the advisor I wished for a chargeback, and was advised after some discussion that because I authorised the transaction, that I cannot now claim it back.

[dx100uk]

it was fraud in a way, and paid under duress.

 

hope you get it sorted

 

dx

[Mpatton81]

Hi all,

 

I posted a couple of weeks ago about a debt from wonga that MMF are chasing me for. I posted that the debt was statute barred, however, having recieved a requested CCA from MMF I was mistaken. I was a year out on my calculations.

 

I sent a CCA request off, and received a reply this morning with a copy of a CCA from 2008. Where do I now stand. I did take a payday loan from Wonga, but the loan was £200 and they are now claiming I owe nearly £700. I made a payment of £100 last month, but I cannot afford to make that payment every month.

 

The letter also states that they will call the police, and get them to investigate fraud if I continue to dispute the debt. The debt would have been statute barred in September this year had I not made payment last month. Can anyone confirm that the timescale will start again from when I last paid?

 

Thanks

[renegadeimp]

You need to report them to the oft for blackmail. Do it asap. If thry told you that in a letter, can you post it up minus personal Info.

[Mpatton81]

You need to report them to the oft for blackmail. Do it asap. If thry told you that in a letter, can you post it up minus personal Info.

 

I reported that post, instead of replying. Apologies. Do I have to contact anyone to report it as a mistake?

 

Sorry, I am using an ipad. I do not have a computer or scanner. I have kept all their idle threats for a complaint.

 

Is my next course of action to request a notice of assignment? All they sent me was the CCA from the original creditor. There was nothing to say I owe MMF, apart from their say so.

[seanamarts]

Dont worry it will be noted that it was reported in error.

[Mpatton81]

Alright gang,

 

Quick question about a Wonga loan I got in 2008. I never paid anything back and, from memory, I can't recall getting any correspondence about the debt. However, that's not really important.

 

My query is in regards to the default. There is no sign of one on my credit files at any of the CRA's. Motormile are now chasing me for the debt, which I will pay if all documentation is present and correct. However, they say they will place a default on my file for this. Can they just mark an account as default, if there is not an account already on the file.?

 

Surely Wonga would have to create a file, mark it as unpaid, then eventually mark it as a default. After that, the DCA's just change the creditors name after they obtain the debt. Are Motormile allowed to magically default an account that doesn't exist on a credit report?

 

Posted on Wonga thread instead of MMF, to see if this is common practice with Wonga?

 

Thanks

[renegadeimp]

Motormile seem to have a ton of bought debts lately, and they will do ANYTHING to threaten and force people to pay them. I could be wrong, but i think its just the OC that can enter a default, and not the DCA, 5 years later.

[Mpatton81]

If i thought they could default me, I would pay if everything was correct.

 

I am clearing my credit report up after years of neglect. Next year all my defaults will fall off, so another 6 year default would ruin all my good work. But seems strange Wonga haven't defaulted me, but MMF say they will.

 

Thanks, ill look into it further

[renegadeimp]

i'm 99.9% sure they cant do anything to your credit record now as 5 years is well in excess of the ICO's guidance on "Reasonable time". I would advise flagging your thread for assistance from an admin or more knowledgeable poster first, as i would hate for you to follow this advice, write a letter to Motormile and for them to add a default and theres nothing you can do.

[Mpatton81]

Thanks you for the advice.

 

I'm a rookie at this. How do I flag the thread to admin? Sorry