Reconstituted credit agreement - next steps?

[mike00]

Hi,

 

I issued a CCA request to a Motormile acting on behalf of a PDL company.

 

They responded with a reconstituted agreement with the following differences:

 

 

• The agreement number does not match
  
• Numerous terms and conditions do not match
  
  • For example, the reconstituted agreement allows for fees and charges to be added to my account that weren't allowed by the original agreement
    

   

  [*]The original agreement did not have the creditor's signature, the reconstituted one does

My name, address, APR, and credit limit are all the same as the original agreement.

Where do I stand with this? Can I send an 'Account in Dispute' letter and then use my strengthened position to negotiate a F&F?

Edited May 11, 2013 by mike00

[Conniff]

Do you still have the original agreement ?

[mike00]

Hi Conniff, I still have the original agreement (PDF copy, it was all done online).

[Conniff]

In that case I would write them the snottiest letter I could with threats of their attempted theft or fraud being reported to the financial authorities.

 

They can't claim a change in T&Cs as they have to give you notice to do something like that.

 

It is so nice when someone has an original document checks up on their ethics by asking for a copy.

[mike00]

Could a mod please move this to the Motormile forum?

[citizenB]

Could a mod please move this to the Motormile forum?

 

It can and it has

[mike00]

Thank you

[BRIGADIER2JCS]

Mike, Send the following letter to:

 

Private & Confidential

FAO Mr Rob Sands

Director of Compliance

MMF Ltd.

 

Ref: Use theirs.

 

Formal Complaint.

 

Dear Mr Sands,

 

I refer to MMFs reply to my Request made under sections 77/78 of the Consumer Credit Act 1974 (as amended), the ''alleged agreement'' supplied is quite obviously a very poor attempt at producing a ''reconstituted'' agreement however the document provided is of no merit and is rejected for the following reasons which are irrefutable.

 

1. The agreement number is NOT that of the original agreement.

2.The terms and conditions contained in the reconstituted agreement are not those of the original agreement.

3. Specifically the reconstituted agreement allows for ''fees and charges'' to be levied on the account the original agreement contained no such terms.

4. The original agreement was not by a representative of the creditor where as a signature has been ''added'' to the reconstituted agreement.

 

The points listed above clearly indicate that MMF Ltd have no produced a compliant agreement reconstituted or otherwise but a fabrication intended to mislead me, therefore as said the document is rejected and the account is now formally in dispute until MMF complies properly with my lawful request.

 

I am sending a report to both the OFT/FCA and the ICO in regard to MMFs deliberate fabrication of this document.

 

This letter is sent by RM recorded/signed for mail and its receipt will be checked.

[mike00]

Hi,

 

It's been just over two weeks since I sent an email similar to what Brigadier wrote above. Motormile have shut their motormouth and gone completely silent. All the texts, calls, and emails have stopped. Is there anything I should be doing now, or should I just wait until they make their next move?

[renegadeimp]

Theyll probably just sell the debt on.

[mike00]

And then do I just repeat the cycle? 1. CCA Request... 2. Non-compliance letter/email... etc? Eventually it will become statute barred?

[BRIGADIER2JCS]

The letter drafted was formal complaint and as such MMF have 56 days to answer.

It would certainly have been an advantage to have sent that letter by recorded/signed for post addressed to Rob Sands, it would most likely to have produced a quicker response.

 

Just have to wait and see what happens for now.

[mike00]

MMF have been communicating with me by email (I forced this as they didn't have my correct address and I didn't want to give it to them), and the complaint I sent was copied to a number of people including Rob Sands (all addresses I've been able to verify as working). There's no way they can claim they haven't received it.

 

Does the 56 days include weekends and bank holidays?

[BRIGADIER2JCS]

Yes 56 calendar days.