Complaint to OFT Re MMF bunch of cowboys

[robd4567]

Hi all I decided to make a complaint to the Office of fair trade as I have learning difficulties and was constantly getting hounded by mmf asking for payment on a payday loan which I do not remember taking out so I told them I wished to see information re this so called loan including the original application and they have so far failed to provide it or information on the account it went in to I was then hounded with regular emails asking me to phone them which I told them no that they should make all contact with me by email as per oft guidance and that till I got this information I was not going to accept or acknowledge any responsobility for the debt and that it remained in legal dispute after a while they kept threatening me with a door step agent the first call I got was from an automated caller stating that the agent was in my area today and hoped to visit me in the next two hours should this not be convient for me or to save embarrasment I should press 1 to speak to someone in the office to re arrange appointment times. I then sent vback a rather angry email telling them that I told them in my last email if they continued to insist on sending someone to visit my home I would send them packing as oft rules state they may only visit my home if I wish to make an appointment for them to do so and reminded them that I had no wish to do so I also reminded them again asking them if they cannot read that if they send someone to my home or text my mobile or email me about sending someone to visit me this would be harrasment well they ignored it again This time I was told to save the embarrasment of the doorstep collector coming to my home please phone them on an 0844 number to arrange an alternative time to visit if I did not they would visit my home anyway. I then fired back an email to them informing them I had had enough and was making a formal and full complaint against them to the oft which I did I also reminded them thart I had asked them to provide me with information and what it was and that they failed to do so and until they provide me with this information and I am able to look at it and see if this is a debt I owed that the account remains in default I also fired of to them a Delicit of tresspass notice warning them if they send a debt collector to my door they will be commiting an offence of delicit of trespass under scottish law which is a case I can persue to prosecute the in the civil court for after this the company seems to have given up sending doorstep collection notices and the oft now has the details of my complaint on file I recieved a letter from the oft stating that if they get anymore complaints then they would need to look at these and assess this company for fitness to practise. As a resut I would ask anyone who has had a bad experience of MMF to make a formal complaint to the oft with the heading complaint and what the complaint might be about ie in my case harrasment complaints can be made directly to the oft at the following email address [email protected] the more complaints they get the more likely they will be to take action so please do send them complaints about mmf and then maybe we can teach mmf a lesson about abiding by the law.

 

Robert

[robd4567]

Ps if any of you do decide to make a complaint let me know and let the rest of us know to as it would prove a good way of recording how many complaints the oft gets from CAG members. And sorry for the lack of punctuation it is caused by dyslexia and grammar and spelling.

[robd4567]

How many people have had trouble with MMF I am wandering if we all got together through CAG and made our complaints to oft as a joint complain if this would force the oft to actually work harder and faster on reviewing MMF fitness to practise.

[robd4567]

Had another letter from these idiots about sending a door step collector fired of warning notice to them and now they are threatening default despite being asked to provied me with original default letter and s78 request Sick fed up of these idiots. Maybe I would get more results if I smashed my head of a brick wall because either IND can't read or it takes them a while for them to get it to sink in to their head that they have to comply with the law even if they think they are above the law which the seem to give me the impression they think they are. How should I proceed from here can I gain a court injunction stopping them from visiting my home in scotland?

[maroondevo52]

can I gain a court injunction stopping them from visiting my home in scotland?

 

No, if they were to turn up tell them where to go.

[robd4567]

Just a wee update for you I heard back from MMF and decided I have had enough of them so I copied the email and sent it to them as a letter on microsoft word keeping the original without signing it I then set up my all in one printer and faxed the letter through to them printing of the memory report showing that the other fax machine received the documents and that the document was sent through ok this way if they intend to argue against me on this issue I will have some proof to back up my version of events. I have had a few days without hearing from them but we shall see what they do next perhaps I should send them it on a dictar phone in case they cant read printed text very well just to make sure they get the message lol!

[robd4567]

Well sent fax MMF ignored the fax today and sent a guy to visit my door which he did he was told I was not in and when I got the envelope furious with MMF I decided to call them on the free phone and not the 0844 number but dont worry I wasn't stupid enough to phone them and just trust them to record the truth instead I recorded the whole call to them using a record your call system which I set up I also told them to change the number for me and contact me on and 0872 number as when they do this it will record their calls every one of them and I can use this as proof against them. But depsite 15 emails from me and two faxes they choose to completely ignore they still sent someone to visit my home so that is another complaint going in to the oft. Also their cheeky agent told me the call was one sided. But the good news is I made them well aware of the fact they ignored my emails and fax and also they had failed to provide what I asked for as a result the account is on hold. But do check out the conversation I had with them and tell me all what you think? Also there free phone number is given below so any one else doesn't have to phone 0844 Note my refrences to the OFT Code. And do let me know what yous think?

Transcript of Call to MMF On the 15th of January 2013 time call took place 12:35 PM

 

Anthony: Good Afternoon your Calls come though to Anthony can I take your reference number please?

Me: Yes it is refrence given

Anthony: For data protection could I ask you to confirm your name and address?

Me: My name and address is given.

Anthony: And your Date of Birth?

Me: Date of birth is given.

Anthony: Ok Thank you ah just to confirm the contact details we have got the number you are calling from ends in gives last three digits of old number we also have an email that is gives out my email.

Me: Eh no the number is hold on and I will just see if I cant get it for you

Anthony: Sorry the one you’re actually calling from we have that on the system

Me: Eh what number is it you have got on the system?

Anthony: Well its the same number your calling from it ends with gives end of old number

Me: No thats not it.

Anthony: Thats the Number I can see hear your actually calling from it now

Me: No I am on another number.

Anthony: are you it must of diverted through or something have you a mobile number I can take sir.

Me: Eh I have got a number if you just give me a second I

Anthony interupts: No Worries take your time

me: get it up for you

Me: The number the number I have is gives first part because my landline isn’t working properly now

Anthony: Repeats first part yeah

Me: Yes gives rest of number

Anthony: Thank you Thats obviously a Landline isn’t it?

Me: Yes

Anthony: Right Ok lets have a look you’ve got and arrangement to pay the loan is with think finance about the loan so lets have a quick look at the arrangement I hear you where paying what was it about £5.00

Me: Em it was a gesture of good will payment of £5.00 yes

Anthony: Ok lets have a quick look then. Ok so there is something on going there how can I help you there in fact you set up an arrangement back in October for you to pay £5.00 ok?

Me: Yes

Anthony: Em and Yeah basically the payments in December actually failed. It is in arrears of £15.00 can you arrange to pay the arrears today?

Me: No I can’t I sent your company several Notifications by email that the account was in dispute.

Anthony: Right

Me: Now I sent them a section 10 notice under the data protection act and em that was also faxed through as well as emailed and I never got word back from your company but I kept getting messages from your company ever since there had been a problem with the Bacs system with the banks systems about sending someone to visit my home So I decided to cancel the eh arrangement

Anthony interrupts: the Arragement

Me Continues: Cancel the arrangement to make a gesture of good will payment baring in mind that in those emails I had stated I neither accepted nor acknowledge responsibility for this debt and I sent the section 10 notice and it basically said that I had requested information under section 78 of the consumer credit act now and that for some reason I still had not received the information I had requested.

Anthony: So what is it exactly that you want because I am just going to put your account on hold now and put the request through to admin?

Me: it is for and original signed or a true signed copy of the original credit agreement.

Anthony: Right there wont be an original signed copy of the credit agreement I am pretty certain this would have been done online Baiscally you have a terms and conditions that you have to agree to and you just click accept so you don’t have to sign anything.

Me: There is still a requirement under Scottish law to provide an originally agreed copy signed digitally or otherwise.

Anthony: yeah that will be when the loan was originally took out in 2009 sent out you would have to go back to your old emails but your with Bt internet aren’t you so you can back log and go through those.

ME: Well I have actually asked yourselves for it

Anthony: mmm

Me: and you have a duty because you have taken over the debt to provide that and yous haven’t

Anthony: Yeah ok right I am going to put the account on hold right now and I am going to pass it on to admin to get you a copy of the original credit agreement.

Me: Thats fine! And there was also another notification sent to MMF because they kept insisting on sending someone to visit my home despite notification of myself

Anthony Interupts: Yeah

Me Continues: That I did not have any express wish for someone to make an appointment to call at my door. Now under the Office of Fair Trade Code of conduct you may only send someone to do so if I have an express wish to make an appointment with them to do so now I made it clear in several emails

Anthony: mmm

ME: As well as in a recent fax

Anthony Interupts: Ok well it does sound like eh you know your stuff

Me Interupts: well its just that

Anthony: Interupts: Its just a one sided conversation so I am going to put your account on hold and get the original credit agreement sent out to you.

ME: Thats fine.

Anthony: And you should get that in the next seven days.

ME: And you can guarantee that this will stop someone from visiting my home

Anthony interrupts: Yeah the home visits are just home visit they are not actually bailiffs as such so I think your reading in to it a little too much there where em there not actual bailifis coming round to break

Me interrupts: yeah but it doesn’t matter that

Anthony interupts: in and take goods to that value as such its just someone like myself wanting to have a word with you as simple as that

Me Interupts: Yeah but it doesn’t matter under the OFT Code it states that if you do that despite having been told not to it is actually deemed as a breach of the OFT code and by the Unfair debt collection practices and can be and is deemed as harrasement and now I have mental health problems and this is the last thing I need is something like that

Anthony interrupts: have you ok fair enough well I appreciate that obviously accept my appologies about that someone has called you and in convienced you about that.

Me: No problem

Anthony: I am going to hold the account now and I am going to put in a request for the original agreement you should have that in seven days.

Me: how long will that take?

Anthony: Seven days a week to maybe two weeks I can’t say

ME: Well thank you for that Bye Bye

 

Anthony: Thank you Sir for your comments about that Bye

 

Both parties hang up.

Time call lasted 9 mins 14 seconds Number MMF received their Call on 0800 996 1103

[renegadeimp]

Can i ask why you are conversing with MMF when they dont actually own the debt and are only acting on behalf of a creditor? You should tell them to jump off a cliff, and only deal with the OC.

 

As for the agreement at the end, thats weird, because usually its a CCA request that is asked for by you. It costs £1 and they have 12+2 days to send it.

 

With them willingly doing it like that, it seems to be a stalling tactic.

[robd4567]

Actually MMF took over the ownership of the debt it was sold to them by think finance.

[renegadeimp]

Is that what it says on your credit file, because the way the rep was discussing it, he is making it out that Think still own it.

[robd4567]

I should also state they sent through the credit agreement digitally signed but I have asked for more information on what bank account it was paid in to why the debt does not match the original £195 plus £45 cost and why it is £270 as well as why I have never received a statement of the out standing balance which they should have sent each year I have also asked for an original copy of the default notice I am trying to get all my finances in order but if they do not give me a satisfactory answer they can go whistle till I get this information I cannot be satisfied I am responsible for the debt.

 

 

As for there debt collectors visit no explanation as to why they felt they could break the law and harras me despite knowing my mental health problems so I will also be writting to their directors demanding a formal apology from them as well as complaining to the oft. I will be making the OFT fully aware of there breach and if they come calling again boot and back side springs to mind until they provide me with further proof of the account the loan was paid in to and the payment was coming out.

 

It seems they may have added a £50.00 charge for referring it to the DCA according to the so called credit agreement if this is the case I will be challenging that under UTCCR Regs.

Edited July 19, 2013 by citizenB

[renegadeimp]

Im glad to see you have it all in hand and wont let this company get away with what theyre doing. But i need to sk, did you check your credit records and see if MMF are actually listed as the company administering/owning the debt.

 

The only reason i ask is because a lot of the time, they will say they do, when they dont. You then pay MMF thinking they own it, but they keep the vast majority of the money you send and only give the creditor a few quid.

[robd4567]

It isn't on the credit file yet but they where made subjection to a section 10 notice so we will see how they reply I still am not sure if they own it or not but they are in charge and I am pretty sure one of the letters they sent me stated that think finance sold it to them.

[robd4567]

Neither think finance who where operating as 1 month loan nor MMF apear on my credit files so it will be intereasting to see if they dont provide me with the bank details I will make a gesture of good will payment making it clear I neither accept nor acknowledge responsobility for the debt and that it remains in dispute and subject to section 10 notice and any offer would be subject to them accepting that it is still in dispute and that they cannot register a default against my credit file.

[renegadeimp]

Ok. If theyre not on your credit files, you should stop paying immediatley until you sort out who the owner of the debt is.

[robd4567]

Ok Here is the so called creditagreement they sent me as stated I refuse to acknowledge this untill they send me conclusive proof in the form of the Actual bank account details so I can check and see if it matches mines. I have a few concerns about this so called credit agreement firstly I think it may Breach the UTCCR Regs if you note they state they can charge you up to 130 for missed payment and 130 again in the second half for missed payment also the amount supposedly owed on the credit agreement does not match the £270 pounds they say I owe and it appears they can charge you £85.00 for reffering it to a DCA Does this breach the UTCCR regulation do you think Should I forward it to the OFT to look at with the others they are already looking at? See attachment

[renegadeimp]

Remember this golden rule.

 

Just because it is in their terms and conditions, doesnt make it fair or lawful.

 

They can indeed charge you £130 for a missed payment. However, this is considered to be a PENALTY fee, and is fully reclaimable. I cant comment on the £85 for passing it to a DCA, as i dont have enough knowledge of that charge. The last i heard was they could charge up to 90-100, but again, im going by various posts.

 

But as i said, those Missed payment fee's you can consider wiped, as they wouldnt stand up to scrutiny to a court. The first thing a court officer would ask them is "£130 for a missed payment? Please justify that by showing me how you appropriated it against a realistic cost for a missed fee." Or something along those lines. The fact is, they would never be able to, and is the reason why you see almost every single PDL wipe it when you start negotiating repayments.

[DT&FE]

I have had the following email from these clowns:

 

"Please contact MMF office on 01138876876 to pre-book a Home Visit appointment, otherwise our doorstep agent will have to arrive unannounced. Ref :********"

 

Maybe I'm wrong but does this not indicate a clear and complete disregard for CPUTR? Especially when I have sent an email and told them on the phone that I WILL NOT deal with doorstep callers.

[renegadeimp]

It's a big violation of OFT guidance on debt collection as well as your statutory rights.

[robd4567]

Just to let you know after disputing this with MMF who owned the debt they agreed to write off the whole of the debt and remove their defaults registered against my name with the credit refrence agencies it took a while but I wore them down and they gave up fighting with me so a great triumph for myself.

[citizenB]

Just to let you know after disputing this with MMF who owned the debt they agreed to write off the whole of the debt and remove their defaults registered against my name with the credit refrence agencies it took a while but I wore them down and they gave up fighting with me so a great triumph for myself.

 

 

This is good news indeed

[robd4567]

This is good news indeed

 

It is in deed they even had the cheek to tell me it was a one sided conversation as I knew my rights and they could not argue with me otherwise at one point they also said I was rude just because I told them to shut up and listen when they tried to talk over me and give me a whole whist of false info. Just goes to show you should never give up when you know your in the right.

[citizenB]

Just goes to show you should never give up when you know your in the right.

 

I agree with you there

[janes]

How many people have had trouble with MMF I am wandering if we all got together through CAG and made our complaints to oft as a joint complain if this would force the oft to actually work harder and faster on reviewing MMF fitness to practise.

 

Hi complain today about them I did not even get the full name out and OFT knew who I meant. When I asked if it was worth complain a big yes was the reply without even asking me the problems I had

[sillygirl1]

Good news Janes, hopefully they will be hit hard - would be great to see this lot closed for good and the people who are in charge stripped of any future role in debt collecting.