Jump to content


  • Tweets

  • Posts

    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
    • Thanks for coming back to us. There are no guarantees - but remember that so far MET have not had the guts to put even a single case before a judge.  Not once. Yours is one of seven court cases. Three ongoing like yours. In two MET bottled it as Witness Statement stage approached. In one the allocating judge decided their Particulars of Claim were rubbish and threw the case in the bin. Just the one victory by MET by default when the motorist stupidly didn't file a defence. So there is every chance that MET will throw in the towel in your case too if you stand firm. Please keep us informed of what is happening. Regarding being abroad, that is no reason for things going wrong, you can request an on-line hearing and we've had several cases where the PPC gave up when the motorist moved abroad. But please keep us in the loop.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Finally.... MMF Appears...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3421 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Also see post #19

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Yeah i emailed ages ago about that to the site team, no worries there. I already have given them a ActionFraud reference... and they STILL work with me! :/

I gave them it last year and also raised it with AF again in November last year just to double it up

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Then get in touch with the ICO, maybe stella creasy, FCA and perhaps your local MP.

 

MMF's local trading standards would be interested as well.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Imp... Please can you get the site team to have a look at this.

Please see below from MMF and Pat their CR Rep.

 

Maybe a bit more back story may help it gets worse all the time.

 

Back in 2010, I lived in Portsmouth and moved into my first house as a house share with a 2 others. we lived at 3 different addresses over the course of 2 years. These 5 accounts range from the time i lived at the address with these 2 individuals. 1 of them im still friends with today, the other returned to their own country... With my passport and a Fraudulent Bank account in my name.

 

In April 2012 i moved from Portsmouth to W Sussex where i ended up living in the same location for quite some time. However When this fraud came to light towards the middle of 2012 , i contacted Portsmouth Police and Action fraud due to the stolen passport etc.

 

The police advised as there was nothing they could do as the guilty party had returned to their country, and they closed the case. They were unable to provide a CRN and also advised to contact AF and use their reference. This I did and ended up being the first of 3 times I contacted AF to get this. On that note i contacted RBS as a default appears for an account i didnt recognize. I checked with them and they confirmed all he loans had been deposited into this account. They confirmed that it was opened in online and that the person had used my identity without my consent. (Consequently they had been taking my post for a few weeks I had later found out.)

 

They were able to send out a letter to me informing me that the account had been listed as Fraud and that they would be doing what they could to resolve it. So then we come to MMF... So for the last 18 months I have been fighting them non stop.

 

I have bent to their will, sent them letter as required and registered this with Action fraud 2 more times. Given them references etc and been told "Sorry, but Actionfraud only record and this is insufficient to anull these debts"

 

Nov 14th 2013, They signed for a letter as they had requested the original RBS document to validate proof, which they promised they would return to me. It was signed for by someone at, and then i ring 5 days later to check they have it.

 

"No Fkofilee, we have never received anything from you. and the reference number doesnt show up on Royal Mail..."

 

WHAT??!?!?!?!?!?!?!!? They continue to push for money, money that I wont pay.

They have said that there is no confusion in their eyes... RBS have been unable to duplicate the letter that they sent but in all honesty i sort of understand why as the account info has been deleted.

 

I want to cry... Ive had enough of battling them. I really dont think the FOS will help as they will only mediate and cannot enforce anything. They have sent copy of the so called "Agreements" ... I will post these up minus any personal details tomorrow.

 

They have asked me to report it to the police yet again, however after speaking to the police today, they cant do anything due to location and age of case. They have asked to see Bank statements I cant provide as they have disappeared on the account with RBS.

 

They have asked to see a copy of my passport or photo ID!!I am actually this close to just putting a gun to my head and going "Bye Bye" (Im not suicidal but it feels like anything I do is wasted...)

 

Do i accept and pay but pay at £1 a month between all 5 accounts? I now don't know what to do...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Do not pay a penny - go to the higher authorities and stop playing the 'helpless victim'.

 

You need to contact the ICO, FOS and FCA immediately and let them all know you have exhausted MMFs complaints procedure yet they still chase you when common sense should tell them otherwise.

Link to post
Share on other sites

Stop believing the PDL's and DCA's. As sillygirl said, go higher and complain to the authorities you should have complained to ages ago.

 

The DCA doesnt care at all what happened. You should know that by now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Helpless Victim? :sigh:

Its putting a tremendous amount of stress on me. I agree I need to go to the FOS,ICO Etc,

I just don't believe they will help. I'm running out of energy and patience..

 

I'm sorry I'm just finding it tough with them. Thank you though x

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Stop overthinking and just do it. Otherwise things will never change.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 2 weeks later...

I have requested a final response letter from MMF and I will then copy it 4 times over and send it to the relative authorities, ICO, FOS, FCA

Ive even emailed Mr Petty himself directly to see if we can get this resolved, but hes been silent.

 

They truly are the most vile, hideous bunch of bottom-feeding C**** I have ever had the pleasure of dealing with.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

No quicker than when I post, I get the following email from MR Ellishaw!!! Victory! :)

Could someone please mark Resolved at the top of my thread... This has ended a 2 year battle with MMF!!

 

Thank you for your recent email for the attention of Mr Neil Petty. These have now been passed to me to investigate and respond.

 

I note from your email that you have raised a number of concerns regarding a number of loans we have outstanding on our records in your name. I shall address each point below:

 

You feel we have called you a liar

 

Firstly, I’m sorry you feel we have called you a liar, sometimes as part of our investigations we are required to ask questions and request documentation to assist in the process. I apologise if any of the questions or requests for information have been construed as though we do not believe you. We need to establish the full facts before we make a determination to whether any complaint is to be upheld or not. We take matters of fraud seriously and as such the level of documentation and information we require needs to be exhaustive.

 

You feel we have lost key documents that you have sent us.

 

Having now reviewed our records, I note that we have been unable to locate a copy of the documentation you advised you sent us. As we cannot conclusively determine whether this information was or was not received, we have decided on the balance of probabilities to uphold this aspect of your complaint. Please accept my apologies for any undue concern or confusion this may have caused you.

 

You feel we have adversely affected your credit file

I feel it is important to note that we do not usually make amendments to a credit record until a complaint/fraud investigation has concluded. This email marks the conclusion of our investigations.

 

However, notwithstanding the above, I have decided to write off the above loans as a gesture of goodwill. To clarify, we will no longer be looking to contact you for the repayment of the above accounts and we will also arrange for your credit file to be updated accordingly. If you would like, I can copy you into the request we send to the agencies for the amendments.

 

I apologise that this matter has been ongoing for some time and as such I trust that you are happy with my decision to write off the debts and amend your credit file.

 

I would like to think the action I have taken and the decision I have made will be to your satisfaction. However, this is our final response, if you remain unhappy with my reply please visit http://www.financial-ombudsman.org.uk. Should you choose to contact the Ombudsman, you will need to do so within six months from the date of this letter, enclosing a copy of the final response, which they will need for their investigation.

 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

I would hold out for COMPLETE removal of the record, not just an 'amendment' which will then stay for another few years knowing the way they operate.

 

I would continue with a complaint to the Ombudsman, pointing out that they do not seem to hold financial records properly, are unable to track and trace incoming documents correctly, and retrieve them at a later date and seem to pick and choose which bit of law or legislation to suit their purposes.

Link to post
Share on other sites

It looks like barry has been reading CAG lately. Also note how he says a gesture of goodwill and balance of probabilities, intead of admitting they were wholly wrong here.

 

Also of note is that he says they investigate any fraudulant accounts completely, yet then says he will write off your loan when he cant find any proof that it isnt fraudulant. The guys a muppet.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

It looks like barry has been reading CAG lately. Also note how he says a gesture of goodwill and balance of probabilities, intead of admitting they were wholly wrong here.

 

Also of note is that he says they investigate any fraudulant accounts completely, yet then says he will write off your loan when he cant find any proof that it isnt fraudulant. The guys a muppet.

 

I had a run in with him about CAG a few months ago, He certainly must be watching!

Lol!! I agree with you there IMP on your final words of wisdom. This marks almost 2 years since my First run in with them about these accounts. Should it really take that long? NOOOOOOOOOOO!

 

Not the fact that i had to escalate this on more than 3 occasions, they lost the key letter i sent them which would have sealed this in the bud last November.

Not only that but i agree with your words about how he has written this letter. What i find interesting is it hit Barry back last year and he completely denied that MMF were going to sort this out, then its Neil, gets passed back to Barry who then does a full 180...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

I would hold out for COMPLETE removal of the record, not just an 'amendment' which will then stay for another few years knowing the way they operate.

 

I would continue with a complaint to the Ombudsman, pointing out that they do not seem to hold financial records properly, are unable to track and trace incoming documents correctly, and retrieve them at a later date and seem to pick and choose which bit of law or legislation to suit their purposes.

 

Heres your answer SG1, They are going to remove the accounts :)

 

Good Morning,

 

Please can you arrange to delete the data we have shared in its entirety from the below consumer’s record:

 

Fkofilee 1

Portsmouth

Our ref:

 

Fkofilee 2

Crawley

Our ref:

 

Fkofilee 3

Portsmouth

Our ref:

 

Fkofilee 4

Burgess Hill

Our ref:

 

Fkofilee 5

Portsmouth

Our ref:

 

Should you require any further information, please let me know.

 

Kind regards,

 

Barry Ellershaw

Customer Relations Manager

Motormile Finance UK Ltd (MMF)

 

DDI: 0113 2248567 Ext 237

FreePhone: 0800 996 1103

Email: [email protected]

Web: http://www.mmile.com

 

Funny how this has been requested directly from the CRAs and not from their internal systems.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

  • 2 weeks later...

I have been dealing with MMF and a while back I asked them for proof that the debt had been assigned to them (actually I used a downloaded template that used the expression Deed of Assignment which have been a mistake). Any they replied quoting sections 77,78 and 79 of the consumer credit refusing this on the grounds of commercial sensitivity. Any thought?

Link to post
Share on other sites

I have been dealing with MMF and a while back I asked them for proof that the debt had been assigned to them (actually I used a downloaded template that used the expression Deed of Assignment which have been a mistake). Any they replied quoting sections 77,78 and 79 of the consumer credit refusing this on the grounds of commercial sensitivity. Any thought?

 

It is very, very unlikely that you will get the deed. The deed will contain hundreds, perhaps thousands, maybe tens of thousands of accounts that were assigned under that deed

 

A notice of assignment is all that is needed to be sent to the debtor in accordance with the Act.

 

Link to post
Share on other sites

And sadly MMF are pretty robust sending out the NOA's now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Just consists of a simple letter that states they have been assigned all rights and obligations to the debt under the law of property act. Then youll get another one afterwards chasing you for the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...