Call the FCA and discuss it with them.. they should be able to sort things out for you going forward. At least you will have registered a complaint against their atrocious behaviour.

Call the FCA and discuss it with them.. they should be able to sort things out for you going forward. At least you will have registered a complaint against their atrocious behaviour.

"We do not investigate individual complaints."

They will add your complaint to the pile...

The Information Commissioners Office should be able to assist as well.

Thanks for that sillygirl1.

Meanwhile, I submitted a "prove-it" demand to MMF. I received a reply today.

"We write with regard to the above referenced account number and recent communication.

Please find attached as requested:

1. Copy agreement information.

Please contact us within 14 days from the date of this communication to agree a payment plan which is both realistic and affordable to you. Alternatively, if you prefer, you can visit our website http://www.mmile.com where you can complete a financial assessment form and submit it to us with your payment proposal."

The copy agreement info states, correctly, that I took out a loan on 23/12/13 for £200, to be repaid in two separate simultaneous payments, one of £60 interest, one of £200 principal, on 31/12/13. Except Cash Genie only took the interest, and rolled the loan over repeatedly of their own accord and without my knowledge, month after month.

MMF have also supplied a "statement of account" for 04/05/15 to 04/05/16. This gives the date of the agreement as 30/05/14, amount of principal loan advanced £200, opening balance at start of statement period £60, closing balance at end of statement period £60.

Can they not see what's wrong with this picture??

Having gone through my bank statements I can also see that the loan arrived in my account on 27/12/13 (i.e. 4 days late) and the interest was taken from my account on 30/12/13 (i.e. 1 day early)......

Quick update. I fired off a formal complaint to MMF on 15th November.

"Dear Sirs,

FORMAL COMPLAINT

Your statement of account is incorrect. I repaid £260 to Cash Genie, which was the amount due to them under the original terms and conditions of the loan agreement.

Cash Genie broke their own terms and conditions by:

1)Releasing the loan on the 27/12/13 (i.e. 4 days late).

2)Debiting my interest repayment on 30/12/13 (i.e. 1 day early).

3)Rolling over the loan of their own accord, with neither my knowledge or consent. This is a blatant rip-off technique to attempt to defraud customers of additional interest repayments. It is also something for which Cash Genie are notorious, and one of the reasons which led to their liquidation and redress programme.

Cash Genie also issued a default notice on 1/8/14 for £0.00, which is clearly nonsensical, and entered a default on my credit report. This gave an account start date of 30/5/14 (incorrect), a regular repayment of £140 (incorrect), a date of default of 30/6/14 (i.e. one month before the default notice, and one month after the incorrect account start date) and a default sum of £260 (nonsense). This default subsequently vanished.

You have since added a default to my credit report with an account start date of 30/5/14 (incorrect again), a date of default of 25/6/16 (not only incorrect, but well outside of the 3-6 month period by which defaults should be placed). You are not the original creditor and therefore may not add or create a new default, only update an existing one. The existing Cash Genie default was removed. Your entry on my credit record is entirely incorrect, invalid, misleading, defamatory and unlawful. I must therefore demand its immediate removal from all credit referencing agencies, or will report you to the FCA, consider legal proceedings against your organisation and seek financial compensation.

I also note your company has recently agreed a redress programme with the FCA.

Yours faithfully,

[me]"

Automated reply:

"Dear Sir / Madam

Thank you for your email.

We will provide you with a written acknowledgement within 5 working days of your email and look to address your concerns within the next 28 days.

In the meantime, if you receive an automated recoveries communication from us not relating to your email, please disregard it.

Should you require further details about our complaints procedure, please visit our website http://www.mmile.com

Yours Sincerely

Motormile Finance UK Limited (MMF)"

And now I've just received a text from Moriarty Law...

Quick update. Email from MMF on 22/11/16:

"Dear Mr xxxxxxxx,

Thank you for taking the time to contact us by email.

We are sorry that you have felt the need to bring this to our attention and confirm that we will be conducting a thorough investigation into your concerns. Once we have completed this, we will write to you again.

We have attached a copy of our internal complaints procedure for your information. Please take the time to read this as it explains how we will deal with your complaint and when we will be back in touch.

In the meantime, if you have any queries, please do not hesitate to contact us.

Kind Regards

Pat Lee

Customer Relations Officer

Motormile Finance UK Ltd (MMF)"

With a pdf attached giving themselves 8 weeks to provide a final response.

Meanwhile, the texts and letters from Moriarty Law have continued, threatening the usual court action/CCJ/6 more years of credit report hell etc...

Shouldn't Moriarty Law be drinking a nice big fresh cup of shut the **** up whilst this is the subject of a formal complaint?

anyone?

Final threat received from Moriarty Law on instruction by MMF prior to county court action. Ffs...

Hi

I think it's safe to say that you can prove that CG messed up. Can you confirm whether the letter says 'Letter Before Action'.

I feel an email or letter to Moriarty (nice name eh sherlock) instructing them to cease their actions as this matter is under dispute with MMF. Failure to do so will result in formal complaints to them and their regulatory body and to refer this matter back to their client.

Hi

I think it's safe to say that you can prove that CG messed up. Can you confirm whether the letter says 'Letter Before Action'.

 

I feel an email or letter to Moriarty (nice name eh sherlock) instructing them to cease their actions as this matter is under dispute with MMF. Failure to do so will result in formal complaints to them and their regulatory body and to refer this matter back to their client.

Hi, it says "FINAL DEMAND BEFORE PROCEEDINGS"

I'll email them today.

UPDATE:

Amusing email from MMF today:

"We have reviewed the content of your complaint and are unfortunately unable to comment on any of the service issues which relate to Cash Genie. Each of your concerns relate to actions which occurred prior to us purchasing the debt and would need to be addressed with Cash Genie.

However, as Cash Genie have now entered into insolvent liquidation, we have taken the decision to write off the remaining balance and close your account. Any information which is shared on your credit file will also be removed."

So, a result.

However, this raises a couple of questions which have been at the back of mind for nearly a year:

1)If a DCA is "unable to comment" on the conduct of an OC, or verify their information, how are they able to act on it?

2)If an OC is in insolvent liquidation, why are alleged debtors being chased (rather than, say, creditors, for distribution of the insolvent company's assets)? All seems a bit arse about face to me...

Perhaps I should follow up with a complaint regarding MMF's conduct to the FOS anyway.

Thanks for all the help - it has certainly kept me going!

Well done. That is what we like to see.

As the matter is now closed, there will be nothing to go to the FOS about.

When a DCA buy a debt, all they get is the basic details so when push comes to shove, they will be unlikely to substantiate what they are claiming.

When a company becomes insolvent, the administrators have to maximise what income they can get and by selling the loan book to MMF, they got something back for the creditors. MMF take on all the risk and will succeed sometimes and in others will give up.

Give them a month to clear your credit file and if they don't do as stated then you can complain.

Well done. That is what we like to see.

 

As the matter is now closed, there will be nothing to go to the FOS about.

 

When a DCA buy a debt, all they get is the basic details so when push comes to shove, they will be unlikely to substantiate what they are claiming.

 

When a company becomes insolvent, the administrators have to maximise what income they can get and by selling the loan book to MMF, they got something back for the creditors. MMF take on all the risk and will succeed sometimes and in others will give up.

 

Give them a month to clear your credit file and if they don't do as stated then you can complain.

Fair do's, thanks silverfox!