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Hi

Got a payday loan from QQ which I was unable to pay back as i lost my job. I tried to set up a repayment plan with them but had no luck.

I am now receiving emails from a DCA called Motormile Finance. I haven't replied to them but now they are telling me that a agent will be calling at my home.

Are they allowed to do this?

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They are allowed to but there is no legal requirement for you to open the door to a DCA at all.

 

Just let them knock, dont answer or give them the time of day. After a couple of attempts they will pass the debt back to QQ or onto someone else. I had one who called on me the other week. They saw me look out the window and continued to knock, I continued to ignore, they left a card saying contact them urgently which I again ignored. Thye havent been back for past 3 weeks.

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They are not allowed to send someone round without you making an appointment, which you will never agree to. Send them something along the lines of this....

 

In regards to your letter to me, dated xx.xx.xxxx, , under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore any charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance."

 

I advise you that any attempts to contact me must now only be in writing; Your threat to force a home visit will be recorded and noted down in my complaint to the Office of Fair Trading. A copy of this letter will also be sent by recorded post."

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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:-)

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Have you considered coming to an agreement with them? They will arrange a payment plan with you.

 

I had a debt for £324 outstanding. I phoned them and told them I would pay £25 per month which they accepted. Plan is to pay back £250 (loan + 1 months interest) (via standing order and I have made 8 payments already), then tell them to whistle for the rest. Job done!

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My QQ loan was also passed to Motormile and its for about £600. I sent the message above to them regarding the home visit and they passed my debt onto another person in the same company who then emailed me details of when the loan was taken out etc. I emailed back saying that I couldnt pay but would offer £5pm token payments until I am in a better position and she came back to say they only accept plans for 10 months and want £60pm.. I emailed again saying £5pm or I pass it over to a debt management co and they will get less and she accepted my offer!

 

My advise is, offer something and stick to your guns :-)

 

Good luck

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

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  • 2 months later...

Borrow and Pay, you wait til it happens to you... the boot will be on the other foot then!

 

If £5 a month is all you can offer for now then that should be put to one side until they decide to take you to court (which they may not do) and you can prove then that you were genuine in your offer.

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  • 5 months later...

Just though I would share my experiences with MM.....

 

I have them contacting me on a very regular basis threatening home visits and if I don't want to be embarrassed then I am to contact them to arrange payment.

 

I sent them the information I learned from this thread and a couple of weeks later the same came through so I would re-send.

 

This has go on for a while now, with every communication I have also said that if they confirm that they acknowledge that they will not continue to threaten home visits then I will enter negotiations.

 

I have just spoken to them as this has happened again this week; the operator claimed that they are not harassing and they are well within their rights to stand on the public highway and assess my living standards.

 

There was a lot of back and forth arguing when he claimed that if I was owed money by a neighbour then I would knock on their door.....When I told him that yes, but MM are governed by the OFT and I was aware that they had several run ins with them he claimed that it was a previous company and not MM.

 

It finally got to the point when I said that I want to hear that MM will no longer threaten to visit my home and then I would happily enter negotiations he would not and said it was not threatening. I even told him that I had on voice mail that a member of this company had said '...the embarrassment of a home visit...' and he claimed that this wasn't threatening/harassment but they were legally entitled to chase this debt.

 

I said that in future I will only speak to a manager and I would call on Monday and asked for the name of a manager. He gave me a name and I asked when this manager would be available he didn't know! In the end, he gave me a very broad time, but couldn't guarantee that 'his line manager would be working them hours.....

 

He called back about 10 mins later and apologised, claimed that if I set up a plan then he could get my account from the home collections team, but if I didn't he couldn't.....

 

despite my not being able to afford it, I have had to agree a plan, but I refused to give my debit card details and said I would only do a standing order

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  • 2 weeks later...

Ive just had my final threat- ogram, they are telling me that if i dont call them within 7 days they are taking me to court and I could face imprisonment if i dont turn up for questioning ???

 

Think ill be sending a copy of that to the OFT and Trading Standards, wonder what they will think

 

In the meantime, my defence is prepared, no reply to CCA requests from Mucky hall or the latest creditor MotorMile and full of charges.

Edited by steve15640
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face imprisonment debtors prison was banished eons ago I myself had a terrible time with them but a few calls to TS sorted them out mr P must be getting desperate have you mailed him direct with the threat of TS or OFT

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face imprisonment debtors prison was banished eons ago I myself had a terrible time with them but a few calls to TS sorted them out mr P must be getting desperate have you mailed him direct with the threat of TS or OFT

 

No havent even contacted them and refuse to do so !!

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If you are ordered BY A COURT not by a debt collection agency to attend COURT for basically a formal statement of affairs interview an examination of your finances and fail to attend you can be arrested for failing to do what you are told BY THE COURT. If you make false statements again TO THE COURT this is a criminal matter not civil and you could be imprisoned not for the debt but for failing to comply with the COURT. It is often used to deal with self employed proven debtors or in financial settlements. Local Authorities use these powers quite often. It is a no doubt intentional scare tactic by the DCA but if summonsed and you produce the details there is no offence and these hearings are regarded as serious matters both ways to try and use the court as a threat is something the Courts who are jealous of their powers dont like. A typical scenario would be mr x fills in details in his admission saying he is a self employed whatever earning y but is clearly living beyond that so the creditor takes this action to get a handle on Mr x's finances where if he is caught telling porkies there are consequences.

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Have you complained to the Office of Fair Trading yet? Your complaint could be vital to getting them curbed or closed down.

 

QQ are an offshore entity and do not have (as far as I know) jurisdiction to take you to court in the UK, they would need a third party to do this on their behalf and they would be in deep doodoo as this can be written into a defence.

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I think that they have an UK entity and can in any case sell the debt to Motormile or anyone else who is in uk if they chose who can then subject to all the hoops they have to go through listed in many posts on here go to court to attempt to recover their debt. In many cases though this seems to be a fish and if told not biting trawl somewhere else collection method.

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Sorry hessey50, but ou are wrong, they do NOT have a UK entity, only a registered address, and even I can set one of those up and not be a legal entity....

 

The whole debt buying and selling scene is obscene and calls itself an industry - its only real product is misery for thousands.

 

They don't even go through hoops anymore to take people to court, I've seen it done on an individual basis recently with just a named person on the POCs, well that named person can be ordered to attend the court hearing which should be rather interesting, bet they have no more legal training than I have!

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one other quick thought the standing on the highway bit is while probably legal as long as they dont take intrusive photos park a van marked acme debt collectors etc or wear jackets with debt collectors on or contact neighbours in such a way as to imply or say they want to contact you for debt and are note conducting covert surveillance is a bit barmy Dear debtor we want to see if you are driving a m series have two range rovers and a jet ski so we a warning you we are going to come round and look for them?

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the hoops I refer to are the going to court which requires some evidence of the debt unless the debt is not contested so judgement is entered by default. I agree with the selling of debt but factoring is an old idea the thing that gets me is the debt is bought for very little loss written off against tax by original owner but full amount is still persued whereas in many cases the original debtor would have settled for the amount or more than the debt was sold for. Its the have it both ways lend at horrific rates because of high risk but not want to be liable for any loss and the rolling over of pay day loans that affronts me

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I suggest you put this one to bed. Do an income an expenditure form, offer a token payment which you really can afford. They will add charges to the account for home visits etc. We have seen this before many times, you must deal with them as they now own the debt. Do have a copy of their assignment? An assignment encompasses the transfer of rights held by one party- the assignor-to another party- the assignee.

 

Yes complain to the OFT if you are threatened with prison. This is way out of line.

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Thanks UK, Just what I intend to do once they reply to my CCA request, they are claiming much more than I recall borrowing from QQ, In the past 9 months, CCA has been sent to QQ the original creditor, Mackenzie Hall and also to the latest owner Motormile, None have been forthcoming, All I get from Motormile is offers of pay 50% in one lump sum to settle, which i would if i could afford.

Once they send me a copy of my agreement with a breakdown of what they say is owed, I will contemplate offering a refordable payment plan against the amount i believe i owe.

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