Another Motormile / Transcom situation - advice needed

[Northdowns]

So it looks like my other half has received a fairly standard Transcom letter on behalf of Motormile. My instinct was to fire off a 'prove it' letter, but I'd just thought I'd ask you guys 'n' girls your opinion in case different actions may be better.

 

Anyway, here's a synopsis of the letter:

 

 

 

re: Motormile Finance UK Ltd

A/C No: xxxxxxxxx

Quote ref: xxxxxxx

Amount due: £xxxx.xx

 

Banner: RECEIPT OF PAYMENT

 

Dear Miss (old married name)

 

With effect from 18th September 2012, BCW Group Ltd sold the above detailed account to our client Motormile Finance UK Ltd [MMF].

 

We have been instructed by Motormile Finance UK Ltd to collect the outstanding balance.

The balance outstanding under the agreement is £xxxx.xx. It will now be reported to and recorded by the credit reference agencies as a debt which is outstanding to Motormile and not as a debt which is outstanding to Greenwood.

 

Motormile Finance has appointed Transcom Worldwide UK Ltd to administer you account on their behalf.

 

You should now make payments under the agreement by calling us on 0844 7422064.

 

Our client will accept a suitable repayment plan, if you are experiencing financial difficulties please contact us immediately for assistance.

 

If you have any questions or concerns regarding the ownership or administration of your credit agreement, please contact us, as above.

 

Your sincerely

 

Generic Squiggle

 

So, I gave the other half a good grilling after doing some research on what this alleged debt might be, as she has had some outstanding bills when I met her. She remembered that she had had a 'payday' type loan a few years back when she lived somewere else (a few houses back), but not with any of the companies listed in the letter. This was a weekly doorstep type collection loan, and she informed the agent in writing when she moved. She thinks she had paid it off but can't be 100%sure, and won't have any paperwork. The timescale is around 2005-2006, and as far as she can remember the last contact she had was around Christmas 2006.

 

Questions:

 

1) as the timescale is around the 6 year mark I am hesitant to fire off a 'prove it' letter... but rather hang out for a couple of months just to get some clear air. Good idea....?

 

2) what exactly defines the 6 year period....? Would a standard 'prove it' letter and the ensuing communications, using the wording available on this site, restart the 6 year period (if liability was not admited obviously)...?

 

3) if a debt really has previously been reported to the CRAs (as Greenwood), she wouldn't have been able to get a credit card recently would she...?

 

Cheers for the assistance people

 

Rich

[BRIGADIER2JCS]

Hi I am currently putting together a complaint to regulators regarding the conduct of TWW and MMF is this debt statute barred? Ok

 

For a debt to become statute barred: No payment and or written acknowledgment in 6 clear years (5 in Scotland).

 

The default date on an account is usually some time after the cause of action: ie the date when a payment was due and not made after which no further payment was ever made.

 

You need to check up to date credit records asap to see if the debt appears.

 

MMF have a large number of SB accounts from various companies, which one is this?

[Northdowns]

For a debt to become statute barred: No payment and or written acknowledgment in 6 clear years (5 in Scotland).

Ok so a standard 'prove it' letter will not count as written acknowledgment then....?

 

MMF have a large number of SB accounts from various companies, which one is

this

Well my other half doesn't recognise any of the company names listed, but the only name she thinks she remembers from her past is 'Provident'....which from searching a few days ago may have some connection to the company listed on the letter simply as 'Greenwood'. Obviously this could be a dfferent Greenwood !

 

 

Next stage:

1) investigate her credit report

2) fire off 'prove it' letter after confirmation that it won't count towards the 6 year rule.

[allanisdale]

I have received an almost identical letter this morning.

 

I have certainly not been in touch with any party (the original lender or BCW) re this in at least 6 years, can I consider it statute barred?

 

Thanks in advance

[BRIGADIER2JCS]

Hi is this on you credit reference files?

Here is the lettter to send.

 

To Sarah Hayward

Head of Collection TWW (UK) Ltd

 

 

Ref: as on their letter.

 

Dear Ms Hayward,

 

I refer to your letter dated xx xx xxxx in which you allege that I owe a debt for £xxx.xx originally for an account with xxxxxxxx, please not I do not acknowledge any debt to TWW (UK) Ltd or any company you may claim to represent.

 

As I am very much aware of my credit history I have concluded that this is alleged debt is statute barred and I will not threrfore make any payment or offer of payment in regard to the alleged debt.

 

I am fully aware of the OFT Guidance 2003 updated November 2012 and the sections regarding statute barred debt and would remind you that if you contest my statement the onus of proof thatthe alleged debt is not statute barred lies entirely with TWW (UK) Ltd and or the original credit, and must provide unequivical proof of any such claim.

 

Send recorded delivery.

 

May I include this in my report to the OFT please.

[allanisdale]

Hi BRIGADIER2JCS

 

Thanks for the swift response.

 

Definitely not on credit file, I subscribe to Equifax Credit Watch.

 

Please do feel free to refer to this in your OFT submission.

 

 

[BRIGADIER2JCS]

Thank you.

[annoyed7]

Hi. I am new to this forum and really wind up by Transcom. I received a letter today from them claiming I owe £98.76 to Ebay. I do not have any debts, no credit cards. Nothing. I called the Fraud department of Ebay straight away who confirmed that I do not owe them anything. Ebay also told me that their Debt collecting agency number starts with 0870 not 0845. The name I cannot recall now is also different.

I then called Citizen Advice Bureau who are making a referral to the Trading Standards in London and Leeds where the company is registered. I called the police, reported Transcom and was issued with a Crime Reference Number. AND I have contacted the Daily Mirror (the Investigation team) who seemed interested when I explained the dreadful practice and the extend of Transcom's practice. I am really fuming as I do not like being ripped off. The letter I received did not make any sense, I was asked to payment at the PO counter (cheque not acceptable). No mention of the FSA (they are supposed to be regulated), no mention of VAT, no logo and no tear up slip to make a payment. The letter looked like a poor photocopy.

 

I do hope they will be stopped. Out of curiosity, I looked at their financial statements online and they are making a loss in the UK

[BRIGADIER2JCS]

Good you have taken the right action Transcom are chasing some very dodgy very old debts, I am preparing a mass complaint fot the OFT, and would like to add your case to it please.

Are Transcom collection on behalf of anyone?

Can you post up suitably redacted copy of their correspondence please.

[annoyed7]

Hi Brigadier, I am happy for you to add me on to your list of people. I am also happy to email you the scanned letter from :mad2:Transcom .

 

Hopefully the Daily Mirror can help. Their email address is [email protected] FAO Nick. Maybe if you were contacting them too and highlight the amounts of complaints you have, it would help. The police seemed to have taken my complaint seriously too.

 

How can I email you the letter ? It has got all my personal details and I am not keen on posting it on a public website.

 

Regards

[annoyed7]

Brigadier. Forgot to tell you they are collecting "on the behalf of Ebay". However, Ebay does not know anything about this debt. I spent more than 30 mns with their Fraud department yesterday and they could not find anything.

 

ALso they have told me they use another debt collecting agency, other than Transcom.

They told me they are going to investigate why Transcom is claiming to work on their behalf without their knowledge

[BRIGADIER2JCS]

Thanks yes I will contact DM and the Mails Tim HETHERINGTON.

M guess is this is an old account for someone with a similar name andTWW are on a phishing trip very naughty.

[Northdowns]

We received a follow-up more 'formal' payment require-type letter in Feb, and once again it was ignored, as out credit record shows no sign of any unpaid debt.

 

Our conclusion is still that any outstanding debt that exists (if at all) is statute barred, and that these letters are a phishing exercise. Just debating whether to send the letter in post #5 of this thread to for completeness.

 

Rich

[renegadeimp]

IMO you should have send the SB letter from the start.

[Northdowns]

IMO you should have send the SB letter from the start.

 

Probably fair, but too late to be debating that fact now. I still believe it's phishing and it's not impacting our lives in the slightest.

 

Personally I'd love an DCA to turn up on the doorstep

[BRIGADIER2JCS]

We received a follow-up more 'formal' payment require-type letter in Feb, and once again it was ignored, as out credit record shows no sign of any unpaid debt.

 

Our conclusion is still that any outstanding debt that exists (if at all) is statute barred, and that these letters are a phishing exercise. Just debating whether to send the letter in post #5 of this thread to for completeness.

 

Rich

 

Yes post 5# get it sent to stop the nonsense.

[Northdowns]

I am sending a hybrid. Decided not to sign it or to reveal that surname has changed so only used Christian name.

 

 

Sarah Hayward

Head of Collection

Transcom Worldwide (UK) Ltd

Limewood House

Limewood Way

Leeds

LS14 1AB

TWW ref: xxxxxxx, Client Ref: Bxxxxxxxx

 

Dear Ms Hayward,

 

I refer to your letter dated 19th February 2013 in which you allegethat I owe a debt for £xxxx originally for an account with Motormile Finance UK ltd. Please note I do not acknowledge any debt to TWW (UK) Ltd or any company you may claim to represent.

 

As I am very much aware of my credit history I have concluded that this isalleged debt is Statute Barred and I will not therefore make any payment, or offer of payment, in regard to the alleged debt.

 

I am fully aware of the OFT Guidance 2003 updated November 2012 and thesections regarding statute barred debt, and would remind you that if you contest my statement, the onus of proof that the alleged debt is not statute barred, lies entirely with TWW (UK) Ltd and/or the original credit agency, and they must provide unequivocal proof of any such claim.

 

I would also point out that the OFT say under the Guidance, that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt,that you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office of Fair Trading of your actions.

 

Please also be advised that I will only communicate with you in writing, which is my right.

 

Should it be your intention to arrange a “doorstep call” as is threatened in your letter, please be advised that under OFT rules you can only visit me at my home if you make an appointment and I have no wish to make such an appointment withyou.

 

Furthermore, there is only 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 & ShortLtd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke this license under Common Law for you, or your representatives to visit me atmy 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.

 

Yours sincerely

 

xxxxxxxxx

 

(UNSIGNED ON LEGAL ADVICE)

[BRIGADIER2JCS]

Looks fine to me!!

[Northdowns]

Update: obviously heard nothing in response to my letter. But, my other half has just had one for the same amount, from bpo collections.

 

Letter says:

"with effect from 18th September 2012 BCW Group Ltd sold the aforementioned account to Motormile Finance UK Ltd. BPO Collections has been instructed to contact you etc etc."

 

Obviously this is all crap, as the text is more-or-less identical to the previous letter...just with BPO substuituted for Transcom. See post #1.

 

Kindly though the letter has been 'signed' by Graham Rankin, Managing Director...so I shall send exactly the same letter as before directly to him.

[BRIGADIER2JCS]

Yes just change the addressee name on the letter in post 13.

 

As Rankin has signed this letter address your to him marked 'Private & Confidential.'

[Northdowns]

Roger roger. Wilco.

[cliffbows]

Hi Brigadier I recieved a letter from on the13th Oct The letter was a standard begging letter What rattled me was the last paragraph "FAILURE TO RESPOND BY 21st OCT2 2013 MAY RESULT IN FURTHER ACTION BEING TAKEN AGAIST YOU ---THIS MAY INCLUDE INSTRUCTING SCOTSCALL OUR DOORSTEP COLLECTING AGENTS TO VISIT YOUR HOME AND COLLECT THE DEBT PERSONALLY" Surely this letter is threatening I had thought of sending a copy to OFT or anybody else you could recommend What should I do ??I am not in the best of health and dont want any confrontations with these parasites Please help Regards cliffbows

[renegadeimp]

If scotcall are involved then your debt is almost certainly a lemon debt.

 

Doorstep collectors have no legal rights at all. Your milkman has more rights than they do.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

Have a long read of that and relax.

[cliffbows]

Thanks for your swift reply I will sit down and write them a letter and send it it recorded Would it be worth of writing to OFT and Trading Standards and sending a copy of the letter ?? Again thanks for your help cliffbows

[renegadeimp]

Send it to Rob Sands - Compliance officer by recorded delivery. No point using any other method of contact as it will go ignored.