My first CCA from MMF. What now?

[thisisnatek]

Hello, recently received CCA from MMF re: Payday loand with Wageday Advance.

 

Not sure what to do next. Original credit amount was £150. Now it is sky high £550!

 

Is there something I can do about it? Sorry for asking, new to all this debt fighting and CCAs.

 

Just wanna sort my debts out and would greatly appreciate any advice

 

[ATTACH=CONFIG]49134[/ATTACH]

[renegadeimp]

Can you give more info please. You have to be wary with MMF as they dont follow the rules. When they have ownership of a debt, you need to check the entire debt thoroughly and ensure all numbers match up.

[thisisnatek]

Well all the info is in the pdf I attached.

Original creditor wageday advance, debt assigned to MMF.

Original loan amount was 150 quid but now is 550... most likely made up from charges and interest.

 

I don't know what to do with that CCA now, and how to proceed.

[thisisnatek]

Anyone?

[Scoobysnax666]

I've been communicating with these parasites. They have refused to send me the Deed of Assignment claiming it is commercially sensitive, they are also relying on an undated Notice of Assignment.

 

Sent them this by email yesterday, also sent recorded post.

 

I again refer you to Section 196 Law of Property Act 1925, your Notice of Assignment is not valid as it was not served correctly. I did not receive it in person or in the post, register/recorded delivery or otherwise. I require putting you to strict proof regarding delivery of the original Notice of Assignment and that it was served by registered post in accordance with this Act.

 

Law Of Property Act (1925) s196

.

Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letteraddressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

Is your assignment an absolute/legal assignment or an equitable assignment? If you have an absolute assignment I again refer you to Section 136 of the Law of Property Act 1925, the original alleged creditor did not inform me of the assignment, a legal requirement under this Act for the assignment to be valid.

 

136 Legal assignments of things in action.

 

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

©the power to give a good discharge for the same without the concurrence of the assignor:

 

I require sight of the assignment so as to be satisified that it is valid and that you, the alleged assignee, can give me good discharge of the debt as per section 136(1)c of the LoP Act 1925 if it is proved that I do have an account with you.

This is not an uncommon situation and has already been addressed by the the Court of Appeal in VAN LYNN DEVELOPMENTS LTD. v. PELIAS CONSTRUCTION CO. LTD. (formerly JASON CONSTRUCTION CO. LTD.) [1968].

Your statement that the Deed of Assignment is a commercially sensitive document and will not be supplied is not accepted.

Notwithstanding the above, it is also brought to your attention that no copy default notice required by s87 (1) Consumer Credit act 1974 has been supplied.

It is denied that any Default Notice in the prescribed format was ever received and I put Motormile Finance to strict proof that said document in the prescribed format was delivered to me by the alleged original creditor.

Also, notwithstanding the above points, I put Motormile Finance to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) .

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Therefore without a valid default notice, I suggest any prospective case falls flat and cannot proceed, and to do so is clearly contrary to the Consumer Credit Act 1974.

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent a court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

[Scoobysnax666]

Hello, recently received CCA from MMF re: Payday loand with Wageday Advance.

 

Not sure what to do next. Original credit amount was £150. Now it is sky high £550!

 

Is there something I can do about it? Sorry for asking, new to all this debt fighting and CCAs.

 

Just wanna sort my debts out and would greatly appreciate any advice

 

[ATTACH=CONFIG]49134[/ATTACH]

 

The first thing you should be checking is the deed of assignment against the default notice. They will probably be reluctant to provide you with the deed of assignment.

 

The default notice by law has to give you 14 days to settle the default before they can legally terminate your contract and outsource to a DCA.

 

Check the date of the DN, if they have sold the debt to the DCA before the 14 days have expired it is not a valid assignment and the DCA cannot pursue you for anything.

 

Also, if it is not an absolute/legal assignment, it is an equitable assignment, this means that they need to get the original creditor to join them in any legal proceedings. Equitable assignment means they can pursue for the debt and share in any money recovered but they do not "own" the debt, the original creditor still owns it, therefore only the original creditor is technically entitled to sue

[renegadeimp]

They have refused to send me the Deed of Assignment claiming it is commercially sensitive, they are also relying on an undated Notice of Assignment.

 

They are right. You have no right whatsoever to see the deed of assignment. Can you clarify what you mean by "outdated notice of assignment"?

[renegadeimp]

Also, unless you address the letter to Rob sands, compliance officer, it will fall on deaf ears and be ignored.

[chuffter]

How old is the debt?

[Scoobysnax666]

I actually said undated not outdated. I wish to confirm that the date of their assignment is actually valid. I am aware of numerous occasions where a debt has been "assigned" before a DN has expired. Whilst aware that an undated NOA is not fatal to their case, an assignment before a DN expiration would be.

[thisisnatek]

Could someone help me with that CCA please?

 

Original credit was 150, now MMF saying it's 550.

Could someone please please please advise me what to do, any charges to knock down or something?

Or am I supposed to pay of original 150 plus extra 400 on top of that?

Edited March 31, 2014 by thisisnatek

[renegadeimp]

Have you sent a sar to the oc yet? What does your credit file say?

[thisisnatek]

No I haven't sent SAR to Wageday. Just sent CCA request to MMF. The CCA they sent back is in the first post as I attached it there.

 

My credit file shows MMF and default on £550. Opening balance on credit file shows £551 so I assume they used my postal order to pay £1 towards the debt which is very naughty as I wrote to them that £1 was for CCA request only!

[renegadeimp]

Mmf dont follow the rules as this forum proves.

[BRIGADIER2JCS]

If the stat fee had been allocated to the debt surely the balance would have reduced not risen?