Motormile

[fletch70]

I really would mark it at the top in big F off letters FORMAL COMPLAINT -Please treat this as a complaint as per your complaints policy. Set your email for a read receipt and if you get even one call or text the day after they receive it then escalate your complaint to the credit services association.

 

I know it is a pain but it the only way to stop them.

I also sent them a S10 notice which they havn't replied to and the 21 days are more than up so it is now off to the ICO. ON that point it is not the wording or the reply that interests me , it is the lack of response

[fletch70]

Done what BRIGADIER2JCS suggested, also included the times of every call, and advised that I have a permanent printable record of them.

 

Good for you , get that call log printed just in case yo ulose your phone like muggins here did once

[BRIGADIER2JCS]

Done what BRIGADIER2JCS suggested, also included the times of every call, and advised that I have a permanent printable record of them.

Great, keep us posted, there is more ammo if needed!

[Cocky75]

Thanks for all your help guys.

I'll be sure to post the reply, if and when I receive it.

[Cocky75]

A quick update for you all.

I've had no reply to the email, but the incessant calling has stopped.

Thanks again for your help.

[BRIGADIER2JCS]

A quick update for you all.

I've had no reply to the email, but the incessant calling has stopped.

Thanks again for your help.

Bl**dy Hell someone at MMF can read, wonders will never cease!!!!

[fletch70]

Brig

No you are taking things a bit too far

Read, not a chance. Probably got some crappy software for the blind that can read emails

 

Sent off my 2nd complaint to the ICO

[fletch70]

As you probably know I currently have a complaint outstanding against MMF. This is in the form of two complaints to the ICO for breach of the DPA and non response to a S10 notice

and a complaint to the Fos regarding various errors, largely relating to CONC

 

Before I make a claim for damages do I have to wait for the outcome of my complaints, I understand from the ICO that they can not order damages but can only order compliance

 

Another question and this relates to another DCA as well

 

According to BF any non specific communication is unlawful http://www.consumeractiongroup.co.uk/forum/showthread.php?426126-CONC-7.9-Contact-with-customers-including-visits

 

If this is the case aren't the DCA's kinda screwed as they can not communicate specifically without checking they have the right person and can not communicate non specifically .

In the same vein are these emails unlawful

Dear MR xxxxxx,

 

CONFIDENTIAL MESSAGE FOR xxx xxxxxxxx:

 

Please call capitalresolve.com on 01386 425400 quoting case number xxxxxx.

 

 

 

Regards,

 

 

 

Richard J Edwards

Collections Manager

Capital Resolve Ltd

 

and

Urgent Contact Message

 

 

Dear Mr xxx xxxxxxx,

 

Please contact Motormile Finance regarding your outstanding account on 0113 887 9900 quoting reference Mxxxxxx.

 

Yours faithfully,

 

Motormile Finance UK Ltd.

Telephone: 0113 8879900

Telephone: 0113 3230112

Telephone: 0808 1688047

 

I ask because both emails have the potential to cause embarrassment if seen by a 3rd party and we all know that email is not classed as secure

[renegadeimp]

In my eyes, i would exhaust official channels first. If only to cover your back. I'm always of the stance that you let them slip up and make sure you follow the rules as closely as is possible.

 

You can then show that youve done everything in your power to resolve the issue, but the other party has ignored you.

[oleg]

In case you'd like a second opinion, I agree with rené.

 

You need to be patient.

 

As regard 3rd parties, don't forget that you give permission for most of this type of activity every time you sign a credit agreement.

 

And as for email, do you have the *legal* ammunition to establish that email is not secure enough for the purpose in question?

[fletch70]

Renegade

As you know I am always of the opinion that following the complaints procedure to the letter so that you can argue it further. As for the legal argument , my laptop is left in a place where someone has unfettered access to it . However I am interested as well about the point that BF made that any generic communication is unlawful so that a txt saying please phone xxx quoting reference xxx would be unlawful as would those emails. I am not sure if that was his intention but that's how I read it. As for conc , i read it the same as the old OFT DCG so that something like a missed delivery or a prize is unlawful

[BRIGADIER2JCS]

Renegade

As you know I am always of the opinion that following the complaints procedure to the letter so that you can argue it further. As for the legal argument , my laptop is left in a place where someone has unfettered access to it . However I am interested as well about the point that BF made that any generic communication is unlawful so that a txt saying please phone xxx quoting reference xxx would be unlawful as would those emails. I am not sure if that was his intention but that's how I read it. As for conc , i read it the same as the old OFT DCG so that something like a missed delivery or a prize is unlawful

 

 

Is your computer not password protected Fletch I would expect that it would be seen as basically your own fault if a 3rd party had " unfettered" access to private e-mails.

[fletch70]

Brig

With respect would you password protect your PC from your wife/partner.

Ok so I am being bloody minded BUT the regulations and guidelines are there for a reason and long gone are the days when couples were taken to be one identity. It is spelt out in black and white in the CSA code of practice that email can only be used if it has been expressly agreed to

There is so much in CONC to absorb that it will take some more time I am afraid for me to get fully understand it.

 

As I also said I am still trying to get my head around what was said in the link about generic contact

[renegadeimp]

I have a password on both my laptops. The main user is open so anyone can use the machines, but my personal one is locked off as it contains all my documents that cannot be accessed otherwise.

[fletch70]

That is the whole point though isn't it. The firm should not be sending anything that gives the game away without first checking that it is appropriate . For someone who secures their laptop then that would be fine but how do they know.

 

As it happens I have enough on them to hang them out to dry, for example in one email they say they will start to add interest and charges. Stupid people because according to the contract there is no option to add further interest so they have fallen foul of 7.11.6

Even the CSA agree with me that they have fallen short of expected standards

[renegadeimp]

Actually, if they have the email as a confirmed point of contact, and nobody has updated their files to say otherwise, they are well within their rights to send content to that address. it is your responsibility to ensure your email is secure, including a simple password on the email account itself. With my laptops, you have to go through 3 passwords to gain access. One to run the program, one to log in and gain access to the actual account , and then another to get the ability to retrieve new emails.

 

On my work machine, it's even worse.

[Ford]

re texts. had a few, complained to a serious bank manager in branch, he phoned them up at once and complained, never had them again. and i think the bank have even stopped sending them generally.

[BRIGADIER2JCS]

Brig

With respect would you password protect your PC from your wife/partner.

Ok so I am being bloody minded BUT the regulations and guidelines are there for a reason and long gone are the days when couples were taken to be one identity. It is spelt out in black and white in the CSA code of practice that email can only be used if it has been expressly agreed to

There is so much in CONC to absorb that it will take some more time I am afraid for me to get fully understand it.

 

As I also said I am still trying to get my head around what was said in the link about generic contact

 

Yes my computers are totally protected.

Some functions involving what I do are very secure indeed, no one has access.

[fletch70]

Renegade

Don't you think it will depend on when and to whom you provided the email address. You would also provide your address as a point of contact and the rules are quite clear on that. Sealed envelope no logo or anything to indicate it is debt related.

I am not talking about work computers and while i understand every couple has their own arrangements i believe it is firstly a matter of trust and secondly an expectation that privacy is respected by companies.

In addition mmf did not know if i had read the emails but kept sending them. We shall have to see the outcome .

[fletch70]

Well reply from MMF basically saying they are perfect and incredibly , even though I sent email read receipts dated 27th May they still insist they did not receive it until 2nd June. Anyway that response has been added to my bundle that went to the Fos and also CSA. They did offer to cancel the charges , so no interest to pay just the capital-what has been paid back. Sorry but at this point forget it, I want blood. They also gave a very non compliant answer to my S10 request stating that they were obliged to record the conduct with CRA's , what complete and utter bull****

 

Reply back from the ICO regarding their non compliance with me S10 request. They have upheld my complaint but are not doing anything other than asking MMF to respond to my S10

 

I have also put a figure on the amount of compo I want (for breach of CONC ,DPA etc)

[BRIGADIER2JCS]

Well reply from MMF basically saying they are perfect and incredibly , even though I sent email read receipts dated 27th May they still insist they did not receive it until 2nd June. Anyway that response has been added to my bundle that went to the Fos and also CSA. They did offer to cancel the charges , so no interest to pay just the capital-what has been paid back. Sorry but at this point forget it, I want blood. They also gave a very non compliant answer to my S10 request stating that they were obliged to record the conduct with CRA's , what complete and utter bull****

 

Reply back from the ICO regarding their non compliance with me S10 request. They have upheld my complaint but are not doing anything other than asking MMF to respond to my S10

 

I have also put a figure on the amount of compo I want (for breach of CONC ,DPA etc)

 

 

 

Fletch,

If there was an original creditors entry on your CRA files, any successor/debt purchaser must update the credit files when it acquires the account.

[fletch70]

Hi Brig

There never has been a mark on my file for this account. The implication of their letter was that they would mark my file for the first time. I would have no issue with an update to an existing entry. The email was headed something like protect your credit rating which to me suggests they were going to damage it.

[BRIGADIER2JCS]

Hi Brig

There never has been a mark on my file for this account. The implication of their letter was that they would mark my file for the first time. I would have no issue with an update to an existing entry. The email was headed something like protect your credit rating which to me suggests they were going to damage it.

Hi Fletch,

 

 

This problem came to light some considerable time ago.

PDLCs were defaulting accounts practically on the point of selling on the debts, leaving a defaulted but unreported account in the hands of a debt purchaser such as MMF, one can surmise that this has been done to give the debt purchaser extra " leverage" when it begins to pursue the debt.

I did speak to the ICO on this and a virtual shrug of the shoulders was the response e.g. it's not right but etc.

[fletch70]

It is all part of my complaint in to the Fos . As I have said to them the account should be defaulted within a reasonable time, not 6 years after the event . I have also raised the point with the ICO but on that I have not had a response yet

[fletch70]

In 2011 I had an account with WDA which defaulted . During various conversations with them and while there was an ongoing dispute they added over £400 of charges and sold the debt to MMF. Eventually after the BCCA became involved they cut the alleged debt to £450 (from £1300 ) and recalled it from MMF . I have this in writing. Today I noticed on Noddle that MMF have registered a default dated 2011 for 1316 against my name. What is my best approach . I already have ongoing complaints with the CSA?Fos/Fos/Ico about another complaint with them for a different PDL. They have only updated the file from June 2014 , prior to that there is nothing at all

 

I have no issue with the default per se , it is with MMF