MMF Ignoring requests

[tiagirl0121]

Good morning all.

 

I started receiving telephone calls on my mobile (fortunately they don't have my landline number) from mmf about 3 weeks ago.

I didn't answer the calls as I didn't recognise the number.

 

The calls would be closely followed by 2 text messages from different numbers asking that I call mmf and quoting a reference number.

The texts were not addressed to anyone.

 

I sent them a letter by recorded delivery asking for them to prove the debt was mine (as no amounts were mentioned, neither was the original creditor)

as I have not had any loans or finance with this company, or any letters informing me that a debt has been sold to them.

 

I asked that all correspondence be put in writing and posted to me.

 

The letter was received and signed for on 16/01/2013.

 

Since then I have received 3-4 calls a day, followed by text messages and emails saying I am going to have a home visit

and for me to contact them to arrange a convenient time for them to call.

 

I emailed them a copy of the letter that was posted to them explaining that I will not be making an appointment

and revoking license under English Common Law for them to visit me at home

(I have a disability so I wouldn't be able to answer the door to them anyway!)

and again explaining that I wanted a copy of the letter of assignation for them to be able to collect the debt, as I have had nothing from them.

 

I had an email back informing me that the debt was for a payday loan with Peachy, taken out in 2011 for the amount of £349.

 

Today I have received 2 very blunt emails telling me to call the home visit dept to make an appointment

 

I sent them the template letter from your wonderful site asking them for the CCA and enclosed £1 postal order and again requesting that contact only be made by post.

 

I then emailed them a copy of this letter, just to make sure they had it.

 

Is there anything else I can do to get these people to listen to me?

I thought all demands for payment were supposed to stop until I received proof that they are legally entitled to collect the debt,

instead the calls, texts and emails threatening home visits have increased!

 

I'm not avoiding my debts, I was on such strong pain medication in 2011 I genuinely don't remember taking out this loan.

 

Once I see the CCA I will be able to make a payment arrangement with them,

until then I would really like the calls and messages to stop

and I'm worried sick that they are going to turn up at my door,

I'm really not up to a confrontation in full view of my neighbours.

[merlin100]

Hi tiagirl,

well first of all its highly unlikely anyone will call. Sometimes it does happen, but its very rare.

It seems like you have done the right thing anyway - asked them to explain and/or prove the debt.

Make sure you keep a copy of the letter you sent, along with the recorded delivery reciept, and if you can, download and print off a copy of the recieving signature from the Royal Mail site.

Youve done the right thing by putting the onus of proof firmly on them.

If they havent replied within the 12 + 2 days allowed, follow it up with the "Account in Dispute" letter which you will find in the template section of this site.

 

In reality, all collection activity must now cease until they provide proof of this debt, but what is most likely to happen is that they will completely ignore your legal request, or the debt will be "bundled up" with a portfolio of other debts and sold on to another unsuspecting DCA ( there is no loyalty between them, will will lie and decieve each other just as happily as they will lie and decieve you).

 

Anyway, for now you have done what you need to do to protect your position. Again its highly unlikely at this stage, but should they "chance their arm" and try in court for a CCJ after ignoring your written request for proof of this debt, you have a very strong defence to their actions by way of the paperwork you have kept.

 

For now you could also send the template letter requesting them to stop attempting to contact you by phone and stating that any contact should be in writing only. This can only strengthen your position. DCAs will say anything (or threaten anything) by telephone as it can rarely be traced or proven and they will usually deny any calls were made by their threat-merchants! DCAs will always think twice regarding putting any threats in a letter! Once again, send by Recorded Delivery, keep a copy of the letter, keep the reciept and print-off a copy of the recieving signature when its posted onto the Royal Mail site.

 

Keep everything in writing only and send everything by Recorded Delivery - and keep the proof!

Edited June 30, 2013 by citizenB

[huggy41]

also to add to what marlin has advised if i may

 

i always state at the bottom of each letter i send to DCA'S in big red bold letters that all telephone calls are recorded to backup my claim's should you wish to take this matter to court.

 

it works wonders.

[tiagirl0121]

Thanks Merlin100 for the response, I will certainly send them the templates you suggested. After reading on this site about other peoples problems with DCAs, I make sure I keep a copy of all letters and everything gets sent recorded. Hopefully the calls will stop once they receive the letters, though somehow I doubt it! I think a complaint to TS may be in order.

[renegadeimp]

Good advice from merlin. I'd like to add that youmust remain calm as MMF will say and do anything, including ignoring what you ask them for, and then claim you never contacted them.

 

As merlin rightfully said,

 

Keep everything in writing only and send everything by Recorded Delivery - and keep the proof!

[tiagirl0121]

Thank you for the replies, I will be doing as you suggested huggy. I will get those letters printed and emailed to them today, with a copy to be sent recorded delivery on monday. Thank you all, I feel as though I'm not fighting them on my own anymore, the support is greatly appreciated!

[dx100uk]

if MMF dont own the debt they cant do bugger all.

 

have you looked at your CRA file

 

that might give you a good picture of IF you do have fogotten debt.

 

see below

 

******************************

 

Credit Reference Agencies:Experian Equifax CallCredit noddle

 

Sort Your Debts Now - -

here

 

Start Your Own Thread - HERE

 

1. Single Premium PPI Q&A

Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. Ins & Outs of PPI & interest : click_here

5. Feel Bullied by Creditors or Debt Collectors? Read Here

6. Staying Calm About Debt Read Here

7. Thinking of a Full & Final Settlement? Read Here

my views are my own...seek legal advice if ness

NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone

- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.

rather than hittting to be my friend - hit the star

DX

Siteteam

Edited January 19, 2013 by citizenB
popped missing signature back

[tiagirl0121]

Hi dx100uk, I've just had a look at my CRA file, there's nothing on there from mmf or anything for the amount I was told (£349). There's one from Mackenzie Hall for £180 which I didn't know about, but nothing from MMF or for £349

[dx100uk]

then they dont own the debt and can do NOTHING to you.

 

just willy waving.

 

dx

[renegadeimp]

Did you check all 3 agencies? Some DCA's only issue markers on one. People check another one and think theyre clean when infact the marker is just with a different agency.

[tiagirl0121]

Hi renegadeimp, I checked Noddle and Experian, same things are on both.

[renegadeimp]

Did you check equifax too? The only reason i mentioned this is because i did the same as you years ago, and checked all 3 and found a CCJ i had no knowledge of on equifax that wasnt listed on the other 2.

 

Since then ive always told people to check all 3 agencies to make 100% sure.

[BRIGADIER2JCS]

MMF have a brand new Director of Compliance Mr. Robert Sands it would be best to send all letters addressed to him as the so called cutomer relations Manager Mr. Barry Ellershaw is to say the least hopless.

 

Can you clarify please is this pay day loan account yours?

[renegadeimp]

Robert Sands? That name sounds familiar for some reason.

[renegadeimp]

Now i remember, he used to work for Mucky Hall.

[BRIGADIER2JCS]

Now i remember, he used to work for Mucky Hall.

Indded so he was compliance Director at MH, until he and others set up another debt purchase company.

[renegadeimp]

As soon as i read your post my mind was trying to remember where i heard that name. Wasnt he one of the rare managers that actually followed the rules?

[BRIGADIER2JCS]

I had many very succesful negotiations with him on behalf of others.

[renegadeimp]

lets hope he can turn MMF around. There seem to have been a lot of complaints about that company just on this site alone.

[tiagirl0121]

Hi Brigadier, I don't remember taking out the loan but I was on such strong pain meds in 2011 anything was possible. I have no objection to paying it back once they prove it was my debt. I will readdress the template letters that I printed off today to Mr Robert Sands, hopefully I'll get somewhere with him.

[BRIGADIER2JCS]

Hi Tia,

 

OK would you like me to draft a non template letter that does not acknowledge the debt, but still gets the data required, you have said you do not recognise it so we can challenge on that for a start by requiring proof without making a CCA request and may well produce quicker results.

You were also a vulnerable person at that time, were you employed at that point in 2011?

[fletch70]

Ellershaw is a joke who thinks that the doorstep law doesn't apply to him.

Does anyone have email addresses for the idiots apart from [email protected]

 

 

By the way they are very slow to process communication.

[tiagirl0121]

Brigadier, a letter would be great. I was working until early April 2011 until I had a heart attack and had to undergo surgery, hence the strong pain meds.

[BRIGADIER2JCS]

Brigadier, a letter would be great. I was working until early April 2011 until I had a heart attack and had to undergo surgery, hence the strong pain meds.

 

Will do tomorrow!!

[tiagirl0121]

Thanks for the help, it's very much appreciated!!