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Hi, I have a problem with Motormile finance, they have trashed my credit file with a default. They have registered it in June this year without sending out a default notice or any letters. I don't even know what the debt is for.

 

says on Experian £350 account started November 2013. I have no records that show what it is, Experian claim its a pay day loan.

 

Experian are going to contact MMF that I dispute it.

 

Should I SAR them or is there a CPR request that would be more appropriate. My credit file has been looking up recently and this serves a blow to it.

 

Baggies

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Hi,

 

Don't Subject Access Request MMF, all you will get back is a couple pages of worthless printouts for your Tenner.

You only ever SAR the Original Creditor.

 

Place a notice of correction against the Default.

 

Have you had any letters at all from MMF?

Have had a payday loan in the past?

Have you moved address in the last few years?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks for the reply. No letters at all from MMF. I did do a couple of PDL's but must of been back in 2009/10. Nothing since as I have been doing really well with finances. I have not moved house for over 11 years.

 

Does a notice of correction actually have any impact on my credit file.

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100% no idea who the original creditor or debt is with, in my current position I wouldn't chance a default and a further 6 years of poor credit for £350..

 

 

I have sent them a letter headed complaint today. I am fully prepared to take this all the way......

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usual MMF MO then I see...

 

write to them

give them 14 days to removed the default

else you'll complain to the ICO.

 

a debt buyer/DCA cannot default debts.

esp those that they themselves put up or put back up on a creditfile

 

they know the score and have already been fined and had their wings clipped for doing the same to 1000's of people

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've moved you to the MMF forum.

 

 

you'll soon see their history here on threads

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you Dx, I missed that they had their own thread.

 

Letter sent recorded delivery titled Official complaint, giving 14 days to remove the default.

 

Experian are also contacting them but I doubt they will be up to much.

 

If they don't remove do I need to do a letter before action or just crack on with it?

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straight to the ICO , hope that's what you indicated

the ICO are fed up to the back teeth with MMF doing this.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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give them the time

you never know.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
Ok its been 16 days, no response from motormile from my recorded delivery letter of complaint, i have just sent complaint and evidence to ICO. Can i go on moneyclaim website and start action?

 

The courts will expect you to get a response from the Regulator (ICO) first before starting any legal action. It comes under pre-action protocol

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Let it run. It may take time, but the linger MMF dont comply, the higher the chance at compensation.

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

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So it seems they think they can register new defaults, check this out that I have received by email:

 

 

Dear Mr #######

 

Thank you for your recent communication.

 

We understand your concern to be:

 

1. We have incorrectly entered a default on your credit file on the ##/06/2016 for the amount of £350.00

2. You have never had any dealings with our company and have not received a default notice or any other notice of the outstanding debt.

3. You dispute the registered default notice as this was not applied by the original creditor and demand this to be removed.

 

I shall address each concern, individually, below:

 

Concern 1

 

The account we hold in your name relates to a high cost short term loan which was obtained with Cash Genie. The amount borrowed was £350.00 in November 2013. We purchased this account from Cash Genie in April 2016, the outstanding balance is £350.00. The default has been entered on your credit file as the terms and conditions of the loan have been broken, the amount borrowed has not been paid back within the timeframe agreed with the lender.

 

Concern 2

A Notice of Assignment (NOA) and a goodbye email was sent to you on the 06/05/2016 to the email address #######. This was to advise you that Cash Genie were no longer dealing with the account and it had been sold onto ourselves and we were now the legal owners of the loan.

 

The Notice of Default (NOD) was sent to your home address of ########## on the 15/06/2016. This was to advise you of our intention to register the default on your credit file. We apologise that the default date was reported incorrectly we have now rectified this.

 

Concern 3

MMF are the legal owners of this debt and maintain all rights including reporting an accurate default on your credit file. We are therefore unable to remove the entry from your credit file as it will not show an accurate history on your credit report.

We hope this response has brought the matter to an acceptable resolution and the action taken is to your satisfaction. However, this is our final response, if you remain unhappy with the response I have attached a link to the leaflet about the Financial Ombudsman Service (FOS). Should you choose to contact them, you will need to do so within six months from the date of this email, enclosing a copy of the final response, which they will need for their investigation.

 

If you would like a copy of this response by post including the leaflet please let me know by return email.

 

FOS Leaflet: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

Kind Regards,

Complaints Department

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ICO time me thinks

give them a ring and ask about it.

ensure you tell them that before the date of the new default

the account had not shown on your file ever.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so

did you have a Cash Genie loan of £350.00 in November 2013. ?

 

 

if so the default might be correct but the wrong date?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Honestly DX I am not sure, I was in financial difficulty back then and did use several payday loans. I have no memory of cash genie but I cannot rule it out. If they had sent a default notice I wouldn't screw up 6 years of history for £350

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