me & Motormile Finance & Wage Day Advance

[jdk73]

I am also having trouble with this company.

 

I am staying with my parents after a separation.

 

They hand delivered a letter to my address a couple of weeks ago.

 

I wrote to them at the start of this week to offer £10 a month for 3 months to be reviewed after this (as my income should be going up)

and also stating that I do no wish for them to visit my home.

 

I then, on Thursday, had several missed calls off one of their agents saying they would be in my area soon and arranging a visit.

 

I called the office and told the woman I do not give permission for them to visit and legally they aren't allowed, she laughed.

 

I told her I had sent a letter with a proposal, she said they hadn't received it and unless I set up an agreement with her they would call to my home again, I hung up.

 

Since this I have emailed them advising I will send the letter again by Special Delivery on Tuesday (tomorrow) and nobody is to call at my home.

 

Over the weekend and today I have had 5 emails, one says if I do not call within 5 days somebody will visit my property. I have also had 2 text messages today.

 

Please can somebody help with what to write in my letter tomorrow.

 

My mum suffers from depression and the last thing I want is them calling round and upsetting her.

[BRIGADIER2JCS]

Hi,

 

Send the following addressed to their COMPLIANCE MANAGER Marked Private & Confidential:

 

Formal Complaint, Harassing Conduct 9Copy to OFT Fitness Team)

 

I refer to your letter dated xx xx xxxx (your ref: xxxxxxxxxxxx) in which you claim to have authority to pursue a debt for £xxxxx please not I do not acknowledge any debt to Motormile or any company you may claim to represent.

 

All verbal offers of payment are withdrawn and I'm sure you are aware the the OFT Guidance 2003/2011 states that ''a relevant acknowledgment is an unequivical written admission that an obligation subsists'' therefore any claim of admission of liability has no merit.

 

The number and frequency of contacts made by your company 5 -mails and 2 sms text messeages in one day is harassment and I am reporting the matter to the OFT.

 

ALL contact will now be in writting by Royal Mail no e-mails or telephone calls are to be made.

Under no circumstances will any agent, representative or employee of Motormile be permitted to visit our property, should you disregard this instruction any such uninvited visitor will be told to leave failing to do so will result in their removal by any reasonable and necessary means..

 

Until irrefutable proof that I have any liability for this alleged debt is produced no further correspondence can be entered into.

[dx100uk]

own thread created.

 

dx

[dx100uk]

own thread created.

 

dx

[dx100uk]

whats the debt and how old?

 

dx

[jdk73]

Its Wage Day Advance and about 8 months.

 

I sent them an email yesterday,

after their last email advising my to get in touch via email or phone,

 

advising I will send a special delivery letter today to them and not to contact me about a home visit.

 

I have since had no reply to the email,

 

phone calls today and a voicemail advising they are calling to arrange an appointment for a home visit.

[dx100uk]

tough!

they cant have one

 

dx

[jdk73]

Just looking at some of the information, I have sent the letter to the address below, is it wrong?

Motormile Finance UK Ltd

Protection House

83 Bradford Road

Leeds

LS28 6AT

[jdk73]

They received my letter yeseterday. Despite this I have had an email off them at half past two this morning asking me to conact them. I received two text messages at 9:07am asking me to call them to arrange a home visit appointment, a missed call at 10:30am and a text message at 10:31am saying I have chosen not to respond and to call them urgently.

 

Can anybody offer advice on what to do next. This is affecting my sleep and really concerning me.

[sillygirl1]

Send them a text back stating no visit is possible under any circumstances and all communication to stay in writing.

[BRIGADIER2JCS]

They may have received the letter but I doubt it would read immediately

These people are not bailiffs cannot take your property enter your home and you have no obligation to speak to them.

 

I suggest to send the following by e-mail the print a couple of copies then should anyone visit hand them a copy and ''invite them '' to leave.

 

For The Attention of The Compliance Manager

Motormile Finance.

Ref: as on their letters/e-mails.

 

Please take note the number and frequency of contacts made by the operatives of Motormile have in my opinion reached a level that can be regarded as harrassment, such contact must now cease all contact by e-mail, sms text messages or telephone landline or mobile is no longer appropriate and will not be answered.

 

ALL contact MUST be made in writting and sent by Royal Mail, (proof of posting is no accepted as proof of delivery).

 

NO agent, representative of Motormile Finance is granted permission to visit my home, should such a visit occurr the person making the prohibited visit will be INVITED TO LEAVE THE PREMISES, failure do so WILL lead to their removal using appropriate means.

 

I do not discuss financial matter at my door nor with any strangers.

 

I refer you to my letter dated xx xx xxxx which I know you have received.

 

For Clarity I am fully aware of the OFT Guidance 2003/2011 and the sections regarding the conduct of debt collection agencies and will not hesitate to lodge a complaint with the OFT.

[william4421]

i sent them this letter via email mark it for the attention of barry ellershaw he is the customer relations manager

 

In regards to your letter to me, dated XXXXXX, , 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."

 

 

you can also send them this

 

 

Notice of Removal of Implied Right of Access

 

You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says.

 

I hereby give notice that the implied right of access to the property known as my house , and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

 

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of HER MAJESTY'S COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and,

 

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as a Constable for and on behalf of Her Majesty Queen Elizabeth II and her people as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve "with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property"

 

COMMON LAW JURISDICTION APPLIES EXCLUSIVELY

 

Please also take notice that the land known as England is a Common Law jurisdiction and any transgression of this notice will be dealt with according to Common Law.

 

Any and all access to the above mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

 

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury.

 

You are deemed to have been served this notice with immediate effect.

 

In sincerity and honour, without ill-will, frivolity, or vexation,

 

Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.

 

Please be aware that if any of the above enter my land this will be trespass and the police will be called and you will be arrested. Please also note a copy of this email will be saved for evidence. One more point all property is covered by 24hr CCTV in the interest of crime prevention

 

 

THIS IS ALSO NOTICE THAT ANY PHOTOGRAPHS OBTAINED BY MMF OR ANY OF ITS AGENTS OF OUR PROPERTY OR GOODS TAKEN ON PUBLIC OR PRIVATE LAND WILL NOW HAVE TO BE DELETED IN THE INTERESTS OF CRIME PREVENTION IF IT IS FOUND THAT PHOTOGRAPHS HAVE NOT BEING DELETE THIS WILL ALSO BE REPORTED TO THE POLICE AND A ARREST WILL BE MADE UNDER THE PRIVACY LAWS

 

note on the above that it says privacy laws

if you or anybody who visits your home are in the armed forces that can be changed to the anti terrorism act as it is an offence to take pictures of or obtain pictures of any property that a member of the armed forces visits

 

let us know how you get on

please also report them to the oft send a email to [email protected]

and put in the subject box

FAO Credit fitness team

please also include mmfs consumer credit licence number which is 628173

if the oft get enough complaints there licence will be revoked

[sillygirl1]

You don't need to go as far as that, all you need to do is remind them of the Armstrong ruling, that should be sufficient.

 

Any more information will only get you caught up in a tangle of pseudo legal claptrap and more protracted letter writing.

 

Keep it short, simple and to the point and they will eventually get the message.

[jdk73]

Hi,

 

Thanks for your reply. I have sent them the above by email, contact form (on their website) and text.

 

I will make a complaint with the oft tonight. I have also now had to make a doctors appointment due to panic attacks which I suffer from but have been fine lately until all this started, its now causing huge upset, which I don't need at the moment.

[jdk73]

Could somebody help me on what to do next.

 

I've made my complaint to the OFT and awaiting a reply.

 

In the meantime I'm still being bombarded with emails, calls and texts. Today I've received a letter saying despite numerous attempts to resolve this matter I have chosen not to contact them, which obviously is a lie as I have proof they have received and signed for my letter and I have sent numerous emails and texts back.

 

They are not saying they plan to issue a CCJ, what am I supposed to do if they are ignoring any attempt I make to contact them? Please help.

[BRIGADIER2JCS]

These letters a computer generated bog paper churned out virtually without human intervention and are standard procedure intended to wear you down.

 

So just wait for their response, file their letters, note all their calls, e-mails and texts, time and date then they can be confronted with a calim of harassment.

[dx100uk]

tough ignore them

 

if they want your money

they'll soon play by YOUR fiddles tune

 

dx

[jdk73]

After being harassed by them all week I got this email at 6:10am today: This is notice I will arrive unannounced within 4 days. Mike – MMF Agent. Call the office if you wish to make an appointment 0800 9961103

 

So I will send another letter tomorrow, any advice on what to put in? I'm now getting really concerned they will turn up again, which I want to avoid. I live with parents and this will cause massive amounts of stress.

[sillygirl1]

Send an email back telling them all communication is being reported to the OFT as they are breaching the guidelines on letter collecting.

 

This is harrassment, pure and simple, you will get another email tomorrow saying 3 days before they arrive unannounced..... and so on.

 

If you don't complain to the OFT about this then you are wasting your time posting on this site.

[jdk73]

I have replied to emails countless times with no reply. I have already made a complaint to the OFT.

[sillygirl1]

Add every email they send to the complaint to give the complaint weight - if you don't you are selling yourself short there - the OFT need to know that this company are misbehaving badly.

[dollsteak83]

i have had the same problem.

 

stick to your guns and persist.

 

you have made very effort to communicate reasonably about this debt, and made an offer of payment.

 

make a note of all communication.

 

make a formal complaint to mmf about their conduct also.

 

this adds fuel to your complaint to the oft when you say you have tried to complain and they have ignored you.

 

easier said than done i know but remain calm, being in debt is not a crime.

[jdk73]

Still having massive problems 3 months on. They started calling my parents land line, my mum is suffering quite bad with depression. I called them to say I could pay £30 a month, they said they could only do £45 I said there was no way I could afford it. I ended up agreeing £38 even saying I would just not have to eat for some days.

 

After thinking about there was no way I could afford it. I emailed and wrpte to them saying this and that I would pay £30 on the 15th of every month, I didn't hear baxk. I paid £30 on the 15th jan and then the phone calls, letters and emails started.

 

I really don't know what I'm supposed to do, I can't afford what they want but I will not see my mum gettting harassed and upset.

[BRIGADIER2JCS]

Make a formal complaint to Mr. Robert Sands, Compliance Manager at MMF

 

Regarding the telephone harassment, and refusal to accept a''reasonable'' offer.

[jdk73]

Make a formal complaint to Mr. Robert Sands, Compliance Manager at MMF

 

Regarding the telephone harassment, and refusal to accept a''reasonable'' offer.

 

Thanks. Do I just send that to their normal address.