MOTORMILE FINANCE LTD - Your Help Needed

[sbfido]

Served MMF with notice to with drawel access and prevent the doorstep collections. There response appears to claim they have the right to ignore it and alleged this is acceptable They state that i implied a creditor could talk to me, so therefore continuing.

 

They then give notice that they will be calling if i don't call them.......

 

Shame the notice i served has already been tested and they on a loser.

 

An alleged debtor can remove right of implied access by serving a notice. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door, but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753

 

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.

 

An alleged debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578 (hope my dogs are not patrolling. out post box is on external wall and gates locked.

 

Sent copy of there letter to cag email to add to the complaint lol.

[meandbex]

[ATTACH=CONFIG]46908[/ATTACH][ATTACH=CONFIG]46909[/ATTACH]

 

They keep calling and calling me on my company works mobile number and texting me. I think they turned up at my house last night at 8pm but i didn't answer the door.

 

I've turned my phone on this morning and have 3 missed calls and 3 text messages. I have screen-shotted some from a few weeks ago - see attached. The first screenshot has a list of all the mobile numbers they use

 

The second screenshot shows the amount of times and number of voicemail messages they have left

Edited October 15, 2013 by meandbex

[sillygirl1]

Have you contacted the OFT and FOS yet? They should be able to help.

 

Many of their messages (including the one about creditors being able to come unannounced) breach the OFT Guidelines on Debt Collecting.

[dx100uk]

convert those to PDF MB.

 

dx

[sbfido]

Guess what arrived in the post, yet another letter stating they going to call.

 

I am now ready with camera too. Will ask them to wait while i get wallet, on doorstep and call police to have them removed.

 

FOOLISH PEOPLE.

[jaycee61]

New to this so hope it's appropriate!

 

I received a recorded message from MMF yesterday threatening an unannounced visit if I did not respond.

 

I rang them and explained that i wasn't who they were looking for (whoever he is he has been using my phone number for the 3 years I've lived in this house!)

 

MMF assured me that my number would be removed from their records.

 

Today I received another phone message

- same message from a different phone number.

 

When i tried to ring the number the left in their message it was unobtainable

 

I rang the number who had made todays call.

 

Clearly I am now getting concerned that 'someone out there' is giving my phone number in transactions

 

But MMF were pretty aggressive, told me they couldn't give me any information (although they gave me his name yesterday!) due to the Data Protection Act.

 

I know the obvious thing to do is change my number

- but this now slightly worrying

- they have again said they will remove my number from this particular account

- but how many more might there be.

 

I've never renaiged on a debt in my life!!

[renegadeimp]

Stop phoning them. THey dont care about you and will lie to you over the phone.

[fletch70]

Write to them as a complaint saying you are not the person and the phone number is yours and no one elses. tell them if they continue to call you will complain to the OFT credit fitness team , Fos and Oftcom . Of course you can call the CAB line to complain now and they should pass the case on to TS as well

[meandbex]

Receieved another 5 calls and 4 text messages since friday, PLUS a letter on Saturday and another letter today!!

 

This one states a "living standards" review needs to take place for assets that may be available for seizure should it be passed to their solicitor.

 

*letter attached that I recived today

Edited October 22, 2013 by meandbex

[sillygirl1]

Get those letters to the OFT, the 'living standards' one is completely outside the guidelines for debt collecting.

 

They have gone bonkers sending that one.

 

If you don't get it to the OFT you are wasting your time posting on here.

[meandbex]

I have just the emailed it to the OFT about an hour ago SG1

[fletch70]

Living standards review WTF!

 

To make a complaint to TS/OFT call the number here http://www.oft.gov.uk/consumer-advice/CAB-overview#.UmZj9jvZiS8

 

You can email the OFT and address it to the credit fitness team

 

Have you made that formal complaint to MMF, if not do it now so you can get to the Fos

 

 

Sillygirl, If the OP doesn't want to write to the OFT and fulfill someone elses agenda he is not wasting his time posting here at all and should be treated with respect whatever decision he make

[Wooks001]

It's always up to the individual what action they take, but if they don't take their complaints to the governing bodies how do they expect the phone calls and other forms of harassment to stop.

The only way I could get my bank to behave was to involve the FOS, and in the past have made complaints to the Police re harassment. In both cases the outcome was in my favour.

[meandbex]

I have just added the letter they have sent to me in my earlier post for you to read. I have contacted OFT and I am in the middle of contacting FOS as i type !!

[fletch70]

Have you actually written to MMF yet telling them that a) all correspondence MUST be in writing and that b) You do not wish to make an appointment for a home visit , you withdraw any right to them visiting you and if they do the police will be called?

[meandbex]

Not no yet. If i do doesnt that then imply that i acknowledge the debt?

 

Is there a template?

[fletch70]

No not necessarily . Sorry but is it your debt? When did you last pay anything towards it?

 

I would start the letter with a disclaimer " I do not acknowledge any debt to either you or your client"

 

Then talk about the account. I would send something like this

Dear Sirs

Ref: xxxxxxxx

I do not acknowledge any debt to you or your client(s)

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

 

Sign Digitally

 

Send it to Rob Sands Compliance Director . If they already have your email address i would also email it to Neil@mmile.com, ascent@mmile.com,barry@mmile.com

[ZippyMoo]

they also have a new address!!

 

Head office and accounts

Protection house

83 Bradford road

Leeds

LS28 6AT

 

I can not find that address listed anywhere as a trading address for them but stand to be corrected.

 

Looking up this address on Google maps it is located in the KwikFit building (white door to the left hand side with "Protection House" written over the top).

[meandbex]

Yes it is mine....last paid 2009... thanks for the letter

[fletch70]

Oh so only 2 years or so to go. I see why you want to keep them at arms length.

 

Have you ever sent a CCA request off to them, what is the debt for?

[meandbex]

Oh so only 2 years or so to go. I see why you want to keep them at arms length.

 

Have you ever sent a CCA request off to them, what is the debt for?

 

 

Well actually just checked my file and its 2009 It was from quickquid PDL - no i have not asked for a CCA

[meandbex]

Just had a reply of the OFT

 

 

 

Consumer Credit Act 1974 (the Act)

Complaint Against: Motormile Finance UK Limited

 

Licence No: 0628173

Thank you for your email received on 22 October 2013.

 

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at:

 

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

 

While we are very sorry to hear about the difficulties you have been experiencing, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

 

The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The Financial Ombudsman Service can be contacted at:

 

The Financial Ombudsman Service

 

South Quay Plaza

 

183 Marsh Wall

 

London

 

E14 9SR

 

Telephone: 0800 0234 567

 

The OFT has published a consumer guide about debt collection which you may find helpful. The guide can be viewed on the OFT’s website:

 

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

Stephen Craik

[renegadeimp]

Actually i would go right for the FOS and FCA with that letter.

[fletch70]

Oh well in that case it will be all about making it as difficult as possible. Did they ever issue a default notice?

 

Hopefully you will cause them so much trouble they will just sell your debt on

[meandbex]

No i do'nt believe that they did tbh. Just had a reply as well of the FOS

 

Your complaint

Thank you for contacting us. We will reply as soon as possible – but within six weeks.

If you need to get in touch before then, please use your reference, xxxxxxxx

Yours sincerely

Jodie Cox| Administrator (CCD) | Financial Ombudsman Service | Tel No: 020 7093 5500 | Fax: 020 7093 5501

South Quay Plaza, 183 Marsh Wall, London, E14 9SR