Hi Guys,

I am in the exact position as baggies2016! I checked my credit files (experian, equifax and call credit) as I am about to apply for a mortgage and can see a default has been placed on all three dated last month for £150! This will ruin my chances of getting a mortgage and I have no idea what this is for. It states the start date of the account as 2011. I have never had a default before and certainly wouldn't risk one over such a small amount. Reading through forums after googling them I am very worried as it appears that this is common practice for them.

Can I ask what you wrote in your letter to them and what I should write to the ICO? Desperately needing some help here

Cheers,

B

Motor mouth are well known for recording defaults when they aquired the accounts and not from the actual default date. Seems they are slipping back into bad habits after the OFT put them on official warning status. With me they recorded a payday loan as defulted from 2008 which they got in 2012 as a Student loan. After the OFT stepped in the default vanished overnight

How did you get the OFT to step in?

Seems the OFT told then to go through every single one of their accounts and rectify any default as not a true representation of fact. With me it was recorded as a student loan. It just vanished overnight. Motormouth nearly lost their consumer credit licence the OFT had to step in with the amount of complaints they were getting.

You need to find out what this account is that has been sold to motormouth. 99.9999% of the time they are old payday loans

It's showing as Short Term Loan on my credit files so assume it must be. Thinking back the only payday loan I've ever had was a Cash Genie loan when I was at uni, but that was paid off in full and on time. There's absolutely nothing else.

Then you need to write to them and find out who was the original creditor

own thread created.f

simply dollow the advise given on the thread you 1st posted on.

write give them 14 days to remove the default

else you'll complain to the ICO and also seek compensation

the OFT no longer exist

Thanks, sorry I didn't mean to hijack.

So for the letter, does this sound right?..

To whomever it may concern,

I have recently discovered that you have placed a default on my credit file (attach screenshots of default) with Experian, Equifax and Call Credit. I believe this to be in error as I have had no dealings or communication with Motormile Finance, nor any other credit provider from whom you may have obtained data where a default notice has been issued. Given these entries are inaccurate and unlawful, I must request that they are removed in their entirety within 14 days of this letter. Failure to do so will result in a complaint being submitted to the Information Commissioner's Office in addition to my seeking compensation through legal action.

Kind regards,

B

Just an FYI... MMF have been known to deal in Cash Genie debts

I believe this to be in error

better..

You are not a creditor and cannot create a new account on a credit file

where one does not already exist under the name of the original creditor and is already defaulted.

there is no such entry nor has there ever been by whomever was the original creditor in this instance

So I received this response from MMF a few days ago..

"Thank you for your recent communication with reference to your credit file.

Having reviewed your account, we can confirm that the information which we have shared on your credit file is correct.

We purchased this account from Cash Genie and are therefore the legal owners of this debt. We have tried to contact you prior to the account defaulting, however, our contact attempts were unsuccessful.

As no contact was received, we sent a Notice of Default letter to your postal address. Your account was defaulted with the credit reference agencies after we did not receive a response within the timescales stipulated in the letter.

We are obligated to report factual information and are therefore unable to remove this record from your credit report.

We are sorry that we cannot be of more help."

No communication was made what so ever contrary to what is said. So straight to ICO?

yes ICO time

they cant default it they are not the original creditor

neither can they issue a DN themselves

you have no agreement with them for want of another word........

I believe DX100 is bang on with this one

The original Creditor (Cash Genie) cannot sell live accounts to Motormouth as Motormouth do not offer payday loans as the new creditor.

Stand to be corrected though

Thanks guys. I have submitted a complaint to the ICO. I'll update when I hear back.

Thank you again!

B

So it's been over 30 days since submitting a complaint and have heard nothing from ICO. What should I do now?

ring ICO and ask