Motormile

[fletch70]

Hi Brig

Yes absolutely, they were just all on m phone/inbox but now I have a little excel spreadsheet with date , time , type of contact . comments

[BRIGADIER2JCS]

Good the more people who keep records of the harassment and report it the better!.

I'll keep watching, off to Normandy I the morning for a few days.

[fletch70]

Have a good time. You know how muvh I love mmf, even more than I love MH.

[jasminej]

I have received many emails from them between midnight and 3:30am. I have a smartphone and when I set it up I had to do it with an email address, I used my current one as it made sense to do so but it means getting their messages direct to my phone all hours of the morning. I had put the alerts to silent but it's something I could be doing without seeing first thing in a morning. As far as they are concerned through that isn't their problem, which it isn't really. It's me who has my emails come directly to my phone and uses my phone as an alarm clock, but it's still a ridiculous time to be sending out emails automated or not.

[fletch70]

Actually from where I am standing it is their problems.

 

They are forbidden from contacting people at unreasonable hours and IMHO it is just their inability in keeping up with technology that allows this.

 

It's not the waking up to them that gets me, it's the receiving them at such hours when you can do nothing about it .

 

Should have said.

The last message and text gave me 7 days to contact them.

 

No idea if this means they read my email or if it is just the next stage in their game.

 

Of course if they had read the email they wouldn't have phoned me.

[fletch70]

God love em

Had a reply from MMF someone called Pat Lee

 

Usual pile of drivel but here are some of the highlights

They are fully aware of the websites where these types of templates are downloaded by people trying to avoid their debt ...NEWSFLASH I wrote it all myself

 

The have removed all my contact details from their system apart from my address as of 2nd June, I suppose that's why the called both phones and txt me on 3rd!

 

They claim the purchased the loan in may but suggest I contact the police if I think it is fraud

 

They have sent me a copy of my online agreement

 

The usual crap about fully complying with FCA guidelines on home visits and that they are giving me reasonable notice of timings , well they haven't given any time and even said that they may arrive unannounced

 

More crap about a creditor being in a different position to a postman etc and I do not have the contractual right to revoke the agreement

 

I asked for the DOA and the NOA, well they have kindly sent me a copy of the agreement without me having to send the £1 fee but refuse point blank to send the DOA as it is not required under S77-79 unless requested by the courts. No mention of the lack of NOA

 

Then they say please phone us ..FFS can't they read , only in writing

 

The biggest pile of bull I have ever read and that is saying something

 

I can't decide if I should respond or ignore any thoughts?

[BRIGADIER2JCS]

Looking through things that have come up while I was away,

it seems that the departure of Rob Sands might possibly be not as advantageous as once thought,

 

he may have been "a steadying " influence on some of the more outrageous nonsense they spout on e-mails, texts and letters,

it will be interesting to see how their behaviour develops.

 

To be honest Brig I am not so sure

If we just look at a few points

 

The first sentence or my letter said please take this as a complaint,

well they have given me nothing about their complaints procedure or the CSA procedure or even stated if it is a final response.

 

There are many many points that they have not addressed such as their claim they will add interest and record defaults

 

Apart from saying they bought the debt there is nothing to say that they have any right to collect

 

The FCa handbook clearly says that they can not make an appointment unless i consent

There is nothing , implied or otherwise that suggests I would let them turn up at my doorstep

 

I am angry at the moment ,

not that they have replied but that they have ignored so much of what i said AND got it wrong.

 

They hide behind S77-79 , maybe they need reminding there is a whole act that covers consumer credit.

 

You may be right in that some of the worst things have stopped but they are still pretty bad.

 

I suppose i could tell them I want a proper answer or I could just wait till the 8 weeks are up and go to the Fos.

 

Although they are listed on the CSA website they do not display their logo anywhere so I do wonder if they are still members

[BRIGADIER2JCS]

MMFs admin and the paperwork quality is so poor as to ridiculous.

There appears to be a few "new names" cropping up now.

How NP can allow this conduct being legally qualified is staggering.

 

 

Personally I would wait out the 8 weeks.

[fletch70]

Thanks

Of course you know I like to have the last word and sometimes can not hold my tongue however on this occasion I think I will wait the 8 weeks unless they start on me again. The last barrage of communication gave me 7 days to contact them so maybe it will start again next week, we shall see.

[renegadeimp]

the 7 days is the standard threat. like the text messages that counted down then reset.

[fletch70]

Just thought I would upload the drivel that I got back from them

I asked for

 

Proof of any debt owed to them

• All contact to be in writing by RM only
  
• No further contact until poroof of liability
  
• Comments on their breach of the DPA by giving details of the debt by Email without first confirming this was ok
  
• Reason why they think they can add interest
  
• Reason why they think they can add a default to my credit file
  
• Them to take note that I did not wish to make any appointment for a home visit and that I revoked their implied licence etc
  
• A copy of the Notice and Deed of assignment , I cited Van Lyn developements and Webster v Ridgeway
  

 

In a further letter I went on to further explain my reasonings behind my requests quoting extracts from Conc

[BRIGADIER2JCS]

There is much discussion about production of a "deed of assignment" with Subject Access Request simple fact is that the deed is not personal data in any way, the sending of an NOA by the creditor and/or the debt purchaser fulfils the purpose completely.

 

NOAs are also not routine archived as annotations of the data the notice is sent is made on the debtors account record.

 

The rest of the letter appears to have been written by an individual who has had little actual training for their function.

 

From where exactly does the claim that "That in law a creditor is different" compared to other individuas arise so far I have not been able to discover any supporting data.

 

The "threat " of adding a default to credit files is I think totally meaningless, can a debt purchaser be so dim as to by a portfolio of un-defaulted debts leaving themselves immediately open to challenge regarding the actual date of the cause of action and the placing of a default.

 

On this subject it seems to me that we come back to the practice of placing defaults immediately before a sale of a portfolio of debt and not reporting this to the CRAs leaving the debt purchaser a clear opportunity to report the default when they acquire the debt.

 

MMF it seems does not report these accounts immediately but delays and uses this opportunity to use this as a threat.

 

As has been said many times before on many different threads report/complain to the FCA there is now a much greater probability of the complaints being reviewed sooner and more positively.

 

Flood MMF with complaints point out their errors how ever small.

 

The "accusation" regarding the use of templates from internet forum in attempt to avoid paying debts is something that CAG admin might take up as this site does Not condone debt avoidance.

[obiter dictum]

Do we have a condensed version on this Webster v Ridgeway judgement and this deed of assignment. I am in the early stages myself of a court claim with Direct legal and collections and have not submitted my defence yet

[BRIGADIER2JCS]

This refers to "redacted " data (in this case school pupil records), the judge (s) decided that such redacted data may be provided (If relevant to the course of justice).

 

I have seen deeds produced in court these have been very heavily redacted and in my experience this has not benefited the defendants case.

[obiter dictum]

Thanks. appreciated

[fletch70]

Hi Brig

Yes I know the Deed situation is somewhat moot but Lord Denning did say that a debtor has the right to see it and to be honest I was being bloody minded. I have not however had any correspondence in the form of a NOA . The first I heard was their first email telling me to preserve my credit rating.

They have kindly provided a copy of the agreement which does not allow for any extra interest and one default fee of £69. I could do with a bit of help in contacting the OC to try and reclaim that fee.

 

As I said , I asked for proof of this debt and their right to collect. The last communication I had was a signed for letter sent by me to Clarity in March 2012 where I asked for a payment break to be reviewed in 6 months along with an I&E. The next communication was in may from MMF

 

I think maybe the best course of actions is

1) To dissect their reply asking for justification of their stance

2) Repeat all the questions that they have refused to answer

3) A clear request for their complaints procedure and if they are members of the CSA

4) A request for confirmation of this is their final response and what I should do next (of course I know and just want them to hang themselves)

4)A complaint to the CSA

 

It's going to take some time but I am sure I can do it. I will then send it signed for to Bazza who seems to be the top customer service man (gave me a laugh) and email it as a copy to Neil and Barny

 

What do you think?

[fkofilee]

Afternoon folks.

 

Agree wholeheartedly about the email / letter that Fletch received that Brig made comment on.

That's usual rubbish from these people. With Sands seeking new opportunities, I honestly don't think its going to get any better. If not, worse.

I'm surprised they have bought this debt so late into the default lifecycle.

 

Honestly, Fletch , don't waste your time any longer and just ignore them going forward...

You got what you wanted which is peace in some respects.

 

Yes they may be aware of websites with templates... But if you respond to them, put it to them that the templates that we've supplied are to assist "Checking the validity of a debt" & "To ensure that people are aware of their rights when dealing with companies such as these"

 

As you may have read Mr Ellishaw recently made me an offer that I refused. Brig is right.

Why would a legal practitioner as such, allow himself to be associated with this shady firm?

[fletch70]

Hi FK

 

I do take what you are saying but I also feel that they can not be allowed to get away with this. I have no money or assets so it's not as if they can get anything more than a token payment from this.

It strikes me that most of the shadier firms have either gone or been bought by bigger concerns that have hopefully tightened up on their processes. From what I hear even lowlife have dropped the number of SD's and are now using the proper route of CCJ's to secure the debts .

 

I find the term avoid very very annoying. If someone is seen to be cold heartedly taking out debt to fund a lifestyle they can not afford with no intention of ever even trying to pay it back then yes that is avoidance. If however someone gets into debt , maybe for the same reasons but without the intent and then realise what is happening I am quite happy to help them maintain their rights and use whatever I can to help them. If that means no payments at all then no payments it is .

If this vast credit and debt collection business can not get it's house in order and use legally compliant agreements, default notices , notices of assignment , replying to CCA requests or CPR requests then they deserve everything they get. How difficult is it to get a DN compliant or send out a NOA etc ? Not really

[BRIGADIER2JCS]

The problem is when a deed is produced is it so heavily redacted and will show only that an account reference xxxxx was sold on xx.xx xxxx in a portfolio of debt, as far as I can recall it has never proved anything other than the simple fact the debt was sold in accordance with the LPA 1925.

 

 

I agree with your idea, and if everyone affected by the delusions of MMF does the same thing it may well produce some very large cracks in the corporate personality.

[fletch70]

Hi Brig

I know and I am not expecting anything more and maybe I have too much time on my hands. You know of course what a stubborn bugger I am, won't take no for an answer.

I will check tomorrow with the CSA to see if they are actually a member , it says so on their website , and I am part way through an epic to Barry (which I will email to the directors as well). So far I have just covered the failings of their reply

i.e

1) My letter was a complaint clearly stated so why haven't they treated as such and sent complaints process etc

2) I asked for proof and they sent a copy of a credit agreement, well frankly that means nothing on its own does it?

3) I asked for a Deed and Notice , why ignore my request for the NOA and refuse the DOA

4) Please tell me what bit of doorstep law they are relying on

5) My last communication was with a DCA when I asked for a payment break in March 2012. I have heard nothing since and this does not mean I am accepting any liability

6) I did not use a template and the sites I mentioned are consumer support sites to help people against the likes of them and they don't promote debt avoidance

 

Then I will go on to cover all the questions they didn't answer .

 

I must say that conc is pretty heavy reading especially as it keeps referring to DCG ILG but doesn't tell you what they are ( I have worked it out )

 

I know I am probably banging my head against a brick wall but I think they owe me some compensation for breach of the DPA and harassment. About £221.96 should just about be acceptable

[Little Lady81]

Hi,

 

Well been a while since my last post on here as I’ve been working hard to get debt free

but seemingly some has caught up with me from 4 years ago from a payday loan.

 

I have paid some off to previous company, Clarity

but when I went off long term sick from work I took a payment break

and to be honest as I was paying that much out at the time (and getting more pressure of other DCA’s)

did not restart my Clarity payments.

 

My fault but I haven’t received any correspondence from anyone (since late 2010) until 2 weeks ago

 

– I am now been bombarded with emails from Motormile threatening doorstop collection

 

I replied asking for some further information as all the initial emails just said to call them now

I have received a letter from them asking me to make an appointment with them

and giving me “advance notice of doorstop collection”

 

Just wondering best way to deal with this now, should I contact them to make token payment

then when debt comes statue barred (in about 18 months) make them write it off

or are they just scare monger tactics.

 

The thing is I could really do without the hassle of someone turning up on my door,

 

I am caring for my Mum now who is terminally ill and all the stress

I went through previously with numerous payday loans I had taken out

(even though all except this are settled) almost cost me my marriage.

 

Any advice gratefully received,

 

thanks in advance

[fkofilee]

Hi Little Lady..

 

Ignore them. Not worth entertaining your time with. You can see across the forums the pain and breakdowns they attempt to create.

 

Hell the other day their Customer Relations Manager offered to write off my fraudulent debts in the event I'd quit this forum...

 

That's how shady they are. However for your benefit I would attempt sending a message to then saying in writing only via post.

 

Not texts or emails etc

[BRIGADIER2JCS]

Hi, Well been a while since my last post on here as I’ve been working hard to get debt free but seemingly some has caught up with me from 4 years ago from a payday loan. I have paid some off to previous company, Clarity but when I went off long term sick from work I took a payment break and to be honest as I was paying that much out at the time (and getting more pressure of other DCA’s) did not restart my Clarity payments. My fault but I haven’t received any correspondence from anyone (since late 2010) until 2 weeks ago – I am now been bombarded with emails from Motormile threatening doorstop collection I replied asking for some further information as all the initial emails just said to call them now I have received a letter from them asking me to make an appointment with them and giving me “advance notice of doorstop collection” Just wondering best way to deal with this now, should I contact them to make token payment then when debt comes statue barred (in about 18 months) make them write it off or are they just scare monger tactics. The thing is I could really do without the hassle of someone turning up on my door, I am caring for my Mum now who is terminally ill and all the stress I went through previously with numerous payday loans I had taken out (even though all except this are settled) almost cost me my marriage. Any advice gratefully received, thanks in advance

 

 

Welcome back,

 

 

You can ignore MMF or send a CCA request now.

If you make any payments now it will restart the SB clock.

When exactly was the last payment made, the 6 year clock starts then for a PDL?

[fletch70]

You are in a very similar position to me . You need to write to them ( I used email as a stop gap) using the bosses name.

1) Demand proof of the debt AND their right to collect it

2) Tell them that all communication MUST be in RM delivered writing , no phone calls

3) If they have sent personal details ie amount of debt and who to be email complain that other people have access to your email (anyone who uses my laptop can see them )

4) Ask for a copy of their full complaints procedure

 

That should hold them off for now.

Hope that helps

[Little Lady81]

I think the last payment was about Sept 2010 (maybe even before) I would have to check back. Also had a seperate email from Motormile saying they will record it with credit ref agency as default at end of month