Default from MMF but have no idea why???

[Mhopkinson]

Morning All

 

Was having a lovely morning till i checked my CRA file and discovered a new Default on there from the wonderful MMF.

 

I have 0% idea why though??

The default balance is £265, and current balance is £1457 (WTF???)

I did have some issues a few years ago with PDL's but that all got sorted and i know its all settled with them all, so no idea about this one!!

 

The default date was 14/7/2012 and yet was only added on 14/4/2014, nearly 2 years later? is that normal?

 

MMF have been trying to contact/harrass me lately with phone calls and text messages, but to every phone call i have asked for something in writing and i dont reply to the msgs. I have never once received a letter from them so have no idea about the details of the debt or anything?

 

Im currently trying to buy a house and this is not needed!!

 

How do i find out where its come from? What should i do?? Any help would be amazing!!!

 

Thanks all

[renegadeimp]

Formal complaint direct to rob sands compliance director of mmf. Mmf arent allowed to add a default . They can only update an existing one. That hasnt stopped them doing it though. Check with the cra for historic entries.

[dx100uk]

complain to the ICO.

 

if the default date has changed in the summary line

they cannot do that and change it

dx

[Mhopkinson]

Hi

Thanks for swift replies.

Whats the ICO? (sorry, new to this!)

 

Renegadeimp, where can i find his email address? or is best to send a letter?

and under what ruling are they not allowed to add a default?

 

Thanks for your help

[renegadeimp]

Hi mhop. ICo is the Information Comissioners office. They are the regulators for everything regarding data/data protection in this country.

 

regarding rob sands, it is best to send him a letter via recorded delivery, and NOT to a PO box. Make sur eyou mark it private and confidential and head the letter formal complaint. Their customer service department has been known to intercept letters from time to time, so marking it P&C ensures only he reads it.

[Mhopkinson]

Thanks Renegade.

 

Ive just seen on another thread that DCA's are entitled to issue a default if there wasnt one already issued by the OC? Or am i misreading something?

 

Are there any templates or threads i should have a look at before sending of the letters?

 

 

Thanks again for help

[renegadeimp]

No DCA is ever entitled to issue a default. They can only update the original one that the OC put there, with their info. They cannot change the date of default, nor add another one if it has falled off your record due to 6 years passing.

[Mhopkinson]

Thanks, bit slow on the uptake this morning haha

So if the OC has never actually put a Default on my credit file, then this default should be removed correct?

 

I hate these people so much...mornings work and worry gone out of the window as they just prat about as they feel!

[dx100uk]

if it were any other DCA then i'd investigate further as such

 

however with these cowboys

 

you report everything they do

to whomever you can.

 

dx

[Flo77]

These idiots are harassing me too.

 

Automated calls to work and leaving messages on the answerphone with just a ref number and telephone number

saying 'we need to arrange a visit to your property'

 

resulting in my employers phoning them to be then asked for me by name once the reference number is quoted.

 

This is surely not allowed is it?

 

They haven't written to me or called my personal numbers at any time.

 

The only correspondence I've had is 2 emails,

one stating I need to call them and

one stating I owe £689.20 to swift sterling

and as I have ignored their contact attempts

they will be carrying out a home visit and a review of my finances !

 

I've sent all the necessary letters i.e prove it, harassment,

even a letter I found re processing of my data from the ico website

due to them disclosing the nature of the call to colleagues,

 

they still persist in phoning.

 

My manager rang them this morning and asked that they remove the number.

 

I've emailed the FCA I know they can't help with specific cases

 

but MMF could still be fined could t they .

 

Oh they too said they are preparing a default ,

 

they said this in their first email to me,

 

there's nothing on my credit file from 'swift sterling'

[Mhopkinson]

Thanks again, and i'll get cracking with this lot.

 

They could well have jut stopped me buying a house which is really ******* annoying!!!

[dx100uk]

then you sue them just like durkin did with HFC

 

dx

[renegadeimp]

If their default was bogus and it stopped you buying a house, then i would do as dx says. Would be very interesting to see what MMF do.

[BRIGADIER2JCS]

Check your credit reference files to see what if anything is showing>

 

 

MMF can only up date a creditors entries with their ID when they have purchased an account they CANNOT change the original creditors default date.

Send this marked private & confidential to Mr Rob Sands Compliance Director MMF Ltd.

 

 

Dear Mr Sands,

 

 

I refer to an alleged debt reference No. xxxxxxxxxxxxxx, supposedly arising from an account with xxxxxxxxxxxxxx, please take not I do nor acknowledge and such debt.

 

 

MMF Ltd., is threatening to visit my property, No such visit will be tolerated as I do not discuss any matters with unknown persons who have no authority what so ever. I am aware that MMF Ltd., mistakenly claims that any such prohibition does not apply to its agents/representatives this as we know is totally wrong.

 

 

MMF Ltd., will now cease all telephone communication to my place of work which clearly breaches current guidance on debt collect in that it causes acute embarrassment to me.

 

 

All communications from MMF Ltd., will be ignored unless made in writing and delivered by Royal Mail Postal Services.

 

 

A complaint has been made to the FCA regarding the conduct of MMF Ltd., in regard to this alleged and disputed debt.

 

 

Recorded signed for post check delivery date.

 

 

Keep all correspondence they send, make a record of all calls: day/date/time: same for texts/e-mails.

 

 

Harassment has been clearly defined in an Appeal Court Judgement " Robertson - V - BOS, and MMFs conduct clearly breaches the findings of this judgement.

[Mhopkinson]

Hi, thanks for advice.

Just before i go off galavanting here:

1) I dont know who the debt was originally with as theyve never told me as i wont speak to them verbally, so should i just leave that part of the letter blank??

2) I check my credit file once a month with experian, and whilst there was a default i knew about on there, this one has popped up from nowhere. So if they purchased a debt from whoever (as i dont know who it is), if the OC had a default, why would it not have shown up?

 

Sorry aboutt he repeated questions, bit panicky and this isnt exactly my strong point!

[renegadeimp]

Write the letter and tell him what ypuve told us. Then use brigs advice to force him to comply.

[Mhopkinson]

This is what im about to send:

Dear Mr Sands,

 

 

I refer to an alleged debt that I have no record of from yourselves. I have not been sent any letters from yourselves referring to the debt you suppose I have despite repeated requests during the abnormal amount of phone calls I have received.

 

MMF Ltd., is threatening to visit my property, no such visit will be tolerated as I do not discuss any matters with unknown persons who have no authority what so ever. I am aware that MMF Ltd., mistakenly claims that any such prohibition does not apply to its agents/representatives; this as we know is totally wrong.

 

MMF Ltd., will now cease all telephone communication to my place of work which clearly breaches current guidance on debt collect in that it causes acute embarrassment to me.

 

All communications from MMF Ltd., will be ignored unless made in writing and delivered by Royal Mail Postal Services.

 

A complaint has been made to the FCA regarding the conduct of MMF Ltd., in regard to this alleged and disputed debt.

 

I furthermore must insist that the debt that you are referring to myself must have its 'Default Notice' removed from my credit file with immediate effect, as I am acutely aware that no Debt Collection Agency is allowed to file a 'Default Notice'.

 

Regards

 

Do you think anything needs adding to it?

[SabreSheep]

Can you not add a revokation of the coomon law right to visit your property and therefore any such visit would be considered tresspass and the police called?

I think I saw that somewhere on this site

[SabreSheep]

Dear xxxx Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, 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 an appointment with you.

There is only 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 and Short Ltd [1959] 2 Q.B. 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, then 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,

[renegadeimp]

Make sure you head thay letter FORMAL COMPLAINT. Put it in nice big black letters for him.

[SabreSheep]

From my copy and paste job You might just want to add the bit about the doorstep visit. I think what you have already is good IMO

[Mhopkinson]

Hi All

 

Thanks very much for your help.

Just having a quick look at my report as well, it says the account was updated on 6/4/14.

However, i have a PDF file of my credit report from the 24/4/14 and its not on there?

 

Can anyone explain how that works? or am i missing something blindingly obvious?

 

Thanks again to everyone!

[Ocelot0411]

Can someone clarify this business of a DCA only being able to change the name of an account?

 

This isn't my understanding.

 

Also I would say that the ICO default guidance would suggest otherwise,

 

however does this mean they can only add a new account if one was in existence previously

(i.e. the OC had recorded one)

and not put an account on there where it hadn't been recorded before?

 

Would love to be wrong on this, but I don't think there is anything to state that they can't record an account

where there wasn't one previously and I can't see how this is a breach of the DPA (assuming the information is factually correct).

 

 

Anyone who wants to prove me wrong please fire away and anything to put the wind up this lot would make my day frankly.

[dx100uk]

they are not the original Creditor

 

however what is this about

 

where is YOUR thread on this debt

 

dx

[renegadeimp]

The only thing a dca can do with the file is update their name as an administrator and keep a true record of the status of the account until 6 years from date of default has elapsed. Thats it.

 

Only the OC can enter a default, otherwise DCA's would be blackmailing debtors all over the place and posting ficticious and incorrect details.