Hi all,

Starting to see the light at the end of the tunnel...

I'm going through all my correspondence from a particularly dark time of life, with the intention of sticking it to various lenders, one of which - Sunny - has assigned the debt to MMF.

I am no longer able to access my account information via Sunny's website so need to submit a SAR.

should the SAR go to the original creditor, or the DCA?

(I'm thinking either will lead me a merry dance,

but if I can state my legal position with confidence

I won't let them waste my time fobbing me off...)

Thanks in advance!

SAR always goes to the original creditor.

CCA to the DCA

What are you attempting to achieve here other than "sticking it to em"

Some info re the loan would be useful aswell

SAR always goes to the original creditor.

Great, thanks.

What are you attempting to achieve here other than "sticking it to em"

Some info re the loan would be useful aswell

Well, quite!

I've reconstructed the following from emails:

26/08/13: 500 loan taken out

30/09/13: 148.07 repaid (78.08 principal, 69.99 interest)

thereafter: "your new sunny.co.uk statement is available" (to which I no longer have access)

31/01/14: repayment of £347.96 declined (principal/interest split - no idea, but as they "also made a repayment request for your minimum payment of £168.29, which has been declined too" I'd guess 179.67 princupal/168.29 interest)

03/03/14: Sunny email - outstanding amount 336.58

03/04/14: Sunny email - outstanding amount 504.87

17/09/14: Sunny email - notice of arrears 336.58

06/03/15: MMF email - "original outstanding balance 868.92, current balance 868.92"

although as the MMF correspondence lists the original creditor first as Mr Lender, then as Elevate Credit International Limited T/A Sunny.co.uk (in the same email) I'm struggling to relate their figures to my Sunny account.

As far as "sticking it" to them goes, I'd like the interest + charges + 8%, plus CRA data wiped.

I explained to one company that I was struggling financially as my stepson had recently taken his own life. Their response was "and can you make a payment today?"

so send the sar and cca and see what comes back.

The sar will require a £10 postal order and the cca will require a £1 postal order.

The sar has to be complied with in 40+2 days and the cca 12+2

Once you have the info, come back and we'll see where to go from there.

if you need any more help in the meantime, pop back on to the thread, theres always someone around to help.

Many thanks, will do.

I've moved you to the MMF forum.

if you read a few threads here

you'll come to the conclusion i'm sure

that since MMF got castigated by the authorities

they like any DCA are now pretty much powerless

they are NOT A BAILIFF.

dx

Thanks dx.

I've been on the wrong end of bailiffs too.

I'm not even remotely concerned or intimidated by MMF.

They have phoned or emailed me several times a day for several years.

I just want the facts so I can do to these predators what they've done to me.

They have phoned or emailed me several times a day for several years.

That in itself is a criminal offence and should be met with some very strongly worded complaints, and most certainly Ofcom needs to know.

It's been a while!...

I sent a complaint to Sunny/1MonthLoan on 29th September demanding repayment of £653.10 interest plus 8%, and removal of all adverse data from my credit file.

Reply received today.

"I write further to our email dated 6 October 2017, thank you for your patience whilst I have been investigating your complaint.

My understanding of your complaint is that you do not feel sufficient affordability checks were undertaken prior to the opening of your account. Furthermore, you feel that had a full and proper assessment of your financial standing been completed, the application would have been declined. Please let me know if I have missed any points or misunderstood anything.

To investigate your complaint I have reviewed the account opening procedures in place at the time. Having done so, I am able to inform you that we conducted creditworthiness checks, we assessed your ability to afford the repayments which would fall due under the proposed agreement and we considered how you were managing other debts at that time. Based upon these checks it was considered responsible to advance credit to you. It does however appear that the product may not have been suitable for your needs, namely longer term borrowing. Please note that we clearly state in our adequate explanations that our product is not suitable for borrowing over long periods as it is expensive if so used.

Bearing in mind the above, I am unable to uphold your complaint, as we believe that the aforementioned checks were proportionate and responsible. Initial assessment of your application accounted for some of the adverse information held at the credit reference agencies and as a consequence you were offered a small amount of credit relative to your stated income. As a gesture of goodwill, we will repay the difference between what you borrowed (£450) and what you repaid (£1103.10) which is £653.10 and will refund this to your chosen bank account. Please can I ask that you provide me with your account number and sort code so I can arrange for the refund to be processed. Once we have received these details, we will be able to transfer the funds within five days.

I appreciate my response may come as a disappointment to you, however I hope that, on balance, you understand the reasoning behind my decision. Should you remain unhappy, you have the right to refer your complaint to the Financial Ombudsman Service" etc...

No mention of adverse data removal.

Should I take it straight to the FOS, or attempt to negotiate?

Fos

fos

ditto!

Something struck me as "not quite right" about their response.

I've looked into it, and they have only dealt with my borrowing history with 1MonthLoan from May 2012 to end of July 2013.

1MonthLoan then became Sunny.

I borrowed from Sunny from August 2013.

I specifically referenced both trading styles in my complaint, and the "Sunny phase" is the one in which I came seriously unravelled and ended up with a default.

I don't think they've even looked at it!

So, as a "Final Response", it's not even complete, is it?

P.S. Their offer, therefore, only relates to 1MonthLoan (for which I have no adverse credit history). I'm thinking on the lines of separating the two, taking the 1MonthLoan offer, and going after Sunny as a separate complaint. Does that make sense??

Why not open up a discussion with them to say I will accept providing you remove all info from my CRA. Get a refund and removal from your CRA on a permanent basis.

I think thats a fair compromise - But then again the FOS are siding a lot more with consumers these days.

Time to read aswell -

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=159689

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=153245

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=143409

There are loads on their website - http://www.ombudsman-decisions.org.uk/

Most upheld!

I actually read those this morning, and I pointed out to them the gaps in their final response (in terms of both logic and content!) three days ago - yet to receive a reply though.

I'm going to take this to the FOS

- I assume I can call them off if 1MonthLoan/Sunny provide a favourable response in the meantime?

Yep Screw calling them !ML / Sunny - Just call them Elevate like i do... Elevating themselves to a financial ruin ^_^

They've apologised for not including the Sunny loans in their original response and have agreed to wipe the data. Just going to remind them that they haven't offered to repay the interest from the Sunny loans, yet...

Received a funny little email from MMF yesterday demanding payment of £868.92 on behalf of Sunny

(written off, refunded, and data removed)

and £576.01 on behalf of Pounds to Pocket

(which they must have assigned after I referred it to the FOS, where it is still being reviewed).

Oh, and £875 on behalf of Mr Lender.

I haven't complained to them yet.

Thanks for the reminder MMF, I'll get on to that now.

They are funny, aren't they?

YEp they are indeed... Just remember that the director is also the director of the CSA...

Received a funny little email from MMF yesterday demanding payment of.......

Block their silly emails, and put them straight in the junk folder, I wouldn't ever act on an email, if they wish to say something then they can commit it in writing.