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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
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    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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Default from Motor Mile Finance - please help!


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Afternoon all Desperately after some help if anyone can please..

 

. Myself and boyfriend are just about to apply for a mortgage.

 

He has had pretty poor credit in the past,

2 years ago I paid off a default which I found from Three and everything else looked fine..

 

.I have just checked his credit file and there is now a default from Motor Mile finance.

I have looked in to it and it seems to relate to a Mr Lender loan back in 2013

- on Noddle there was a 1 for 2 months in an orange circle and then a green UC -

I have wrongly assumed it was paid off as the account end date states 30/09/2013.

 

He is adamant that the loan was repaid.

I have now checked to see if I can find any correspondence and he has been receiving emails from them, but they have gone straight in to spam.

 

I have just put my flat on the market as we have been offered a house as part of an estate,

so stand to lose a lot of money if I pull out as it's shared ownership.

 

Does anyone know if there is anything at all I can do about this?

 

Our dream home looks like its rapidly disappearing :-(

 

Surely it can't be right that a default wasn't registered by Mr Lender?

And this is so long afterwards!

 

 

Edit - apologies for poor formatting making post hard to read,

I have tried to amend but it doesn't seem to be working!

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the original creditor would have defaulted the loan upon sale.

 

 

MMF would have simply had their name replaced by the account when they purchased the debt.

 

 

so it must have been there under the OC on previous searches?

 

 

as for the other debts..

there no good wasting money paying a defaulted debt

it will not improve your rating

nor remove the default.

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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Thanks dv100uk

There is no default against the Mr Lender loan

- Mr Lender is under closed accounts,

 

 

it states the account end date as September 2013.

There was absolutely nothing related to Motormile on his credit file until now

- I checked Noddle last month and there was nothing there, and there is now a default registered in April 2016.

 

 

Surely it's not right to register a default that late, if he even owes the money?

 

 

The Three default was paid as we were advised by a mortgage broker that the lender would want it settled before considering a mortgage.

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oh well you got had on the 3 debt if there was a default...

 

anyhow

 

right good on the Mr Lender one then.

 

copy the relevant CRA parts

 

write to MMF

enclose a copy of the Mr Lender entry

and theirs.

 

give them 14 days to remove the default

or you will be complaining to the ICO and will seek compensation too

 

they cant do that only the OC can default a debt

 

quite typical of MMF sadly

and as you've prob read already

they've been told off for doing this before

 

go get 'em!

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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Share on other sites

  • 6 months later...

Sadly, back to square one!

 

I didn't get a response from MMF, so I went to the Ombudsman.

 

Long story short,

a copy of the default letter was sent over to the Ombudsman.

Despite pointing out that we had never received any written correspondence so it appeared odd that this had been sent by post and not email (i.e I don't believe it was sent!), the Ombudsman has accepted it.

 

MMF apparently changed their systems so cannot provide any copies of letters or emails sent prior to the default notice, so they have provided examples similar to what would have been sent (!!!)

 

Ombudsman has agreed that they should backdate the default to 2013 when the debt actually defaulted. Mr Lender apparently registered a default but then removed it once they realised they had not sent a default notice.

 

I've been told we have 2 choices, as a lender does not have to report to credit agencies, keep the default as 2016, or back date to 2013, so when we look at mortgages it looks as though it's been ignored for 4 years.

 

I guess the second option is the better of 2 evils...

 

I'm astounded at how slow the Ombudsman are!

And very disappointed that they agree with MMF despite the fact they cannot provide copies of correspondence and do not report to credit agencies.

Apologies - formatting appears off yet again!

Edited by lolavix
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No that's correct

 

And what should happened that's what the ICO should have done

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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Share on other sites

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