help with mmf and unclebuck paydayloan in scotland

[Reed09]

hi

im hoping I can get a bit of advice,

 

i have mmf chasing me for a payday loan debt

,the original loan was with unclebuck,

 

i contacted them at the time t say I was in financial difficulties but they said I had to default

,they then ignored all the emails I sent them and eventually sold it to mmf a few months back,

mmf are just as unhelpful and bullying ,

 

now the have sent an email saying the will take court action in 7 days and use the mms email as evidence,

 

any advice on the best way to deal with it will be greatly appreciated

thanks

[Crocdoc]

Court action is extremely unlikely , I would imagine that the statement states may take court action or words to that affect. This is typical debt collection tactics.

 

Repayment can only be based on what is affordable and you should never under any circumstances allow a debt collector to create a financial statement.

How much is outstanding?

How much can you afford to pay once all houshold expenditure is taken into account?

[Reed09]

hi,,

thanks for replying,

the original loan was 120,

its now 503,

 

and herin lies the problem,,

after my monthly outgoings I am left with nothing,

 

my partner is not working and cannot get benefits as they say I earn too much money,

ive switched to interest only on my mortgage

,im in arrears with most things but have arrangements in place to pay,

 

everytime I try to jiggle my finances something else gets missed out on,

have actually got numerous paydayloans that have defaulted

 

,got my self into a rut and kept borrowing from more payday lendes to pay off the other paday lenders till it all became too much

,i have arrangements with a few of the other lenders,

they are getting a pound a month,

 

motormile have sent mainly generic mails till last month when the home visit dept kept claiming they were visiting within 3 day,

mailed them to state that I did not give them permission to visit my property,

they claimed that they could,

now they are sending the legal action in 7 days mail,

this is an exact copy of email

 

Formal NOTICE OF LEGAL ACTION: unless we hear from you within 7 days on 0113 8876876.

We will rely upon this SMS when legal costs arise.

MMF Ref:,

 

that's it no other info in mail,

,no disclaimers or nothing

[renegadeimp]

Please read The mmf forums. You can basically ignore The charges but you must get full complaints in to the oft and their compliance director. Also brig might be able to help if you post in his mmf thread. He is forming a mass complaint about them.

[BRIGADIER2JCS]

Hello Reed,

As renegadeimp says we are amassing as much data as possible on this most disreputable compamies.

 

In my opinion there is no point what so ever in ''pussy footing' around with this mob. MMF have a total disregard for law and regulation that is frankly astounding ALL communications should be kept writing, e-mail really should be avoided as MMF has a culture of ignoring most of them.

 

I suggest the following letter to be sent by RM recorded signed for delivery, all correspondence should be addressed to Mr Rob Sands, the Compliance Director, keep hard copies of ALL correspondence to and from MMF.

So:-

 

Private & Confidential

For The Personal Attention of:

Mr Rob Sands

Director of Compliance

MMF Ltd

 

Date:xxxxxxxxx:

 

 

Ref: use one on their e-mails:

 

Dear Mr Sands,

 

I have been receiving e-mails from MMF Ltd regarding an alleged debt for £ xxx.xx relating to an account with 'UncleBuck' the tone and content of these communications has lead me to research MMF Ltd and what I have found shocks and disgusts me, an appallingly unenviable reputation even for a company in any industry which its self has little to commend it.

 

I have informed MMF of my current financial status, and have been met with conduct that is at best unhelpful and at worst bullying and intimidating, behaviour of a despicable level even for a company in an industry that has very little reputation other than that of incompetence, intransigence and unreasonable behaviour.

 

I have also expressed my reasonable requirement that no 'home visits' will be tolerated and I will not discuss financial matters with strangers who turn up at my home uninvited, take not no such invitation will be forthcoming.

 

I am aware that MMF Ltd claims (wrongly) that such prohibition does no apply to it, so I would remind you Mr Sands of section 3.3 (k) 'Ignoring or disregarding debtors' reasonable requests as to when, where and how to contact them'. I would suggest that sections 3.4 & 3.5 also apply to the conduct of MMF Ltd 'False representation of authority'.

 

I am sure that MMF Ltd will look forward to seeing me in court where the conduct of the company will be made known, should I judgement be obtained in favour of MMF I will offer no more than £1.00 per calendar month which is actually more than I can reasonably afford.

 

Ok a couple of further points for you Reed check credit reference files (Noddle is Free) make sure MMF have not placed a default date other than the one placed by UB, or has labelled the file 'Mail Order Account'.

 

Good luck.

[Reed09]

hi,

thanks for the great info,,

very helpful indeed,

 

ive checked noddle and there is no default from either unclebuck or mmf

,the only ones who have defaulted me out of the 9 outstanding payday loans are

mem finance,,

quickbridge,

active securities,

mackenzie hall and

lending stream

though they have just kept it as a late payment, 2 yrs late but still a late payment,

 

well ive printed your letter off and I will post it first thing,

again thanks so much

[BRIGADIER2JCS]

Ok Reed, now you will need to keep a regular check on that CRA file, for any underhand dealings, MMF may try placing a default themselves at a much later date than UB should really have don so, if it happens we can challenge it.

 

Please keep us posted on the progress.

[Reed09]

ok will do,going to dig out the two letters sent by snail mail one off ub and one off mmf,will see what they say and update you

[Reed09]

hi again,

been checking terms and conditions of original loan

 

,heres the bit I could do with some clairification on,

 

just wanted to know if its enforceable in Scotland as it says England and wales courts have jurisdiction

 

5. Additional information to be given in the case of distance marketing of financial services

 

(a) concerning the creditor Registration number.

The Creditor's consumer credit licence number is 564844 The supervisory authority.

The Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX is the supervisory authority under the Consumer Credit Act 1974.

 

(b) concerning the credit agreement The law taken by the creditor as a basis for the establishment of relations with you before the conclusion of the credit contract.

 

English law The law applicable to the credit agreement and/or the competent court.

The laws of England and Wales will be taken as a basis for the establishment of relations between the Creditor and Debtor before the conclusion of the Loan Agreement.

Language to be used in connection your agreement.

 

The Loan Agreement shall be construed according to the laws of England and Wales whose courts shall be the exclusive courts of jurisdiction over any claim or matter arising under or in connection with the Loan Agreement.

 

The contractual terms and conditions, and the prior information, are in English. The Creditor undertakes, with the Debtor's agreement, to communicate with the Debtor in English for the duration of the Loan Agreement.

 

© concerning redress Access to out-of-court complaint and redress mechanism.

You have the right to complaint to the Financial Ombudsman Scheme in respect of the Loan Agreement or any dealings with the Creditor.

 

You can find out more about The Financial Ombudsman Service in a leaflet available by contacting us. Alternatively you can write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.

 

also had another letter off motormile today it states

 

despite numerous attempts to resolve this matter amicably,

you have chosen not to contact us

unless we receive your proposals for repayment within the next 7 days

,then we may issue county court proceedings against you,

this could upon the successful granting of a judgement dramatically increase the size of the debt due to legal costs and interest.

 

upon successful granting of a ccj against you which would be recorded on your credit file ,enforcement options available to us are;

 

instructing bailiffs to seize assets for sale at auction;and

obtaining an attachment of earnings order against your employer

 

please not that this is not a standard letter and the matter has now been placed into our legal process.

 

if you reside outside of England and wales legal jurisdiction,

seperate(but similar)legal processes will apply(e.g northern Ireland and Scotland)

 

if you have any doubts as to the meaning of this letter you should contact this office immediately.

 

we reserve the right to rely upon this letter when the questions of legal costs arises at court.

no further notice will be given.

your faithfully

mmf

[Reuben58]

Hi Reed09,

I’m sorry to hear of the difficulties you are having with your financial and especially payday loan companies.

I note from reading your posts that you have additional borrowings in the back ground which you are also struggling with?

Have you considered taking some advice on trying to deal with all of your debts as a whole?

[Reed09]

tried that with the north ayshire debt service but got nowhere as they said bankruptcy was my best option and I didn't want to go down that route

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.(6-Viewing)-nbsp

 

Reed, have a look at the PDL survival guide produced by Mike Dailly of the Govan Law centre, Scotland. It might help you sort this problem out.

[Reuben58]

tried that with the north ayshire debt service but got nowhere as they said bankruptcy was my best option and I didn't want to go down that route

 

Can you give me an idea of what your total debt is?

Bankruptcy isn't as bad as people often think.

 

It can be a very straight forward process as long as you don't have a lot of equity in your property or other expensive assets i.e. car worth more than £3,000.

Is there anything in particular about bankruptcy that you don't like?

 

The Scottish Government department that deals with Bankruptcy (Sequestration) in Scotland is the Accountant in Bankruptcy.

There is a lot of useful information on their website about Bankruptcy.

[Reed09]

bankruptcy will never happen,

would leave the uk and go live with parents rather than go down that route

 

,ive always believed in paying what I owe and have always tried to do this,

took out most of the payday loans whilst off work with my 2nd child,

 

,i suffered from post natal depression and kind of buried my hand in the sand,

once I got better I tried to negotiate with all the lenders but to no avail

[Reuben58]

bankruptcy will never happen,would leave the uk and go live with parents rather than go down that route,ive always believed in paying what I owe and have always tried to do this,took out most of the payday loans whilst off work with my 2nd child,,i suffered from post natal depression and kind of buried my hand in the sand,once I got better I tried to negotiate with all the lenders but to no avail

 

I can understand that you would prefer to pay your debts back as you borrowed the money.

The majority of the time people have got into financial difficulty due to a change in circumstances and always had the intention of paying it back.

 

Due to different reasons this isn’t something that is always possible.

Bankruptcy unfortunately may be your only option if you are unable to pay your debts back at an acceptable amount apart from challenging the original agreements.

I just wanted to ensure that you have taken advice on dealing with all of your debts as a whole.

[Reed09]

yes thanks reuben have taken advice off lots of institutions and companies,but as I said will emigrate before I take bankruptcy