MMF - What to do now?

[baggyman]

Hi folks, I hope someone can give me some advice here.

 

A few years ago I sank into the payday loan trap with Wage Day Advance.

 

I borrowed money and for a long time just paid the monthly interest.

 

In Sept/Oct 2011, I didn't extend, they took their money & I borrowed more but then stopped paying them.

 

I had some bloke from a collection company in Liverpool phone me a few times and I eventually told him that I had paid enough and wasn't going to pay them any more.

He went away.

 

On 18 Oct 2012, I rceived an e-mail from Motor Mile Finance headed

NOTICE OF LEGAL ASSIGNMENT OF DEBT

and demanding payment from me.

 

I replied to the mail as follows

'1. I do not acknowledge or accept this debt. I have requested details of this from a previous collector but have been ignored.

2. I will not allow any 'doorstep' thug access to my property and any representative of your company who attempts to enter my property will be instructed to leave.'

They did not respond to me but continued to send e-mails and text messages to me.

 

On 26/11/2012, I replied to another e-mail which stated that my 'agreed repayment plan' was in default. I had no agreed plan with them!

 

My response to them was as follows;

'1. When you sent your 1st messages to me, I replied on 24/10/2012 and informed you that I do not acknowledge this debt.

I asked for details of this alleged but to date have not had the courtesy of a response.

Instead, I now get incessant mails and calls from you.

I repeat - I want details of this alleged debt, I am not going to pay anything based on your demands.

 

2. Further to your message below,

there is no agreed repayment plan between me and you.

DO NOT make false allegations or misrepresent any fact.

I will consider submitting a copy of this mail to the Financial Services Ombudsman as basis of a complaint against you.

I will not tolerate such deceit from you and raise a question about your ethics and practices if you can blatantly lie like this.

 

3. You are hereby warned to now cease your e-mail correspondence

and phone messages to me until such time as you can provide proof of any debt as requested on previous occasions.

Any further contact from you will be viewed as harassment.

 

4. Do not even consider attempting to send one of your agents to my home.

You and or any agent acting on your behalf are not welcome on my property and have no cause to come here.'

 

Ok, so it's not really professionally worded, but I thought it may elicit a response.

It did not.

They continued to send e-mails threatening court action and unannounced home visits and special offers etc - all of which I have ignored.

Yesterday, one of their agents did knock on my door.

I was not rude, but I told him that until his company had the courtesy to respond to my mails,

I would not discuss the matter with him.

I told him that until I had correspondence from them, he should not come back.

His reply to me was (somewhat sarcastically) that he wouldn't be back, he would just send a bailiff instead.

Within an hour, I had an e-mail from the homevisit manager demanding contact & threatening legal & bailiff action

due to my refusal to discuss the matter with the agent.

I have replied to this mail by pasting a copy of my e-mail from last year.

The response to this is that they have posted copies of the agreement to me now.

I don't know if their failure to respond to me can form the basis of any sort of complaint,

but it certainly isn't very professional of them to ignore my requests for information.

Or am I under the wrong impression?

The next aspect of MMFs conduct is what I have today seen on my credit report.

Reading a different post on CAG, I learned about Noddle & have registered there.

The MMF entry on my credit file is disturbing.

I have found the following inaccuracies in the entry;

The account type is listed as 'Mail Order' - I have never had a mail order account!

The account start date is 30/09/2012 - My WDA account was in 2011;

The date of default is shown as 01/12/2012 - Surely that is wrong?

What can/should I do now?

Any advice welcome & thank you

[dx100uk]

CCA them

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

dx

[baggyman]

Thanks dx, I'll do that. Any idea how I should approach the aspect of the misinformation on my credit file?

[dx100uk]

lets await to findout what debt they think you have first

 

dx

[harrased_debtor]

Hey im new to this but here goes-

 

This comapny is a joke. My WDA loan was taken out in mar 2011 but this like your was registered on my credit file on 30/09/2012 and my default was 1/12/2012. If this very odd that 2 people have the excat same dates. Does anybody else have this problem?

 

I have chosen to ignore them for the past 12 months and receive numerous txt messages claiming that mike will be visiting my house unanouced in the next 4 days. 4 days to this company is a very long time by the look of it. I have no norry that they will ever call and i have no intention of paying them a penny!

[baggyman]

They are also taking their merry time about sending the information back to me. I'm not sure what the time limit is?

[BRIGADIER2JCS]

Hi 12 +2 Working Days for a CCA request.

 

I suggest sending the following letter by recorded /signed for delivery, do not use e-mail Ma;MF tend to ignore.

 

For the Personal attention of:

 

Mr Rob Sands

Director of Compliance

MMF Ltd.

 

Complaint:

 

Ref: use theirs.

 

Dear Mr Sands,

 

I refer to recent correspondence from MMF Ltd in regard to an alleged debt for £xxx .xx which MMf Ltd claims I owe in regard to a Mail order account (as shown on my credit reference files held by xxxxx credit reference agency

 

An agent of MMF Ltd called at my home on xx xx xxxx and I refused quite reasonably to discuss any financial matters with an unknown person off the streets, this agent left my premises stating that he would not be back but would be sending a bailiff, MMF are reminded of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding conduct such as this.

 

Take Note: I have never been a customer of any MAIL ORDER COMPANY!! Therefore I formally state that:

 

1. I am not the debtor you seek.

2. I do not acknowledge any debt to MMF Ltd. or any company it may claim to represent.

3. The data MMF has caused to be displayed on credit reference files is inaccurate and defamatory.

4. MMF MUST remove all data relating to the alleged debt from ALL CRAs to which it has reported this incorrect data.

5. MMF WILL confirm in writing that my instructions have been complied with.

6. No further contact by Telephone, mobile or landline is to be made and all reference to these numbers are to be removed from MMFs records immediately.

7. No contact by e-mail is permitted and MMF will remove my e-mail address from its records.

8. HOME VISITS: No further visits to my property are permitted, as I ma aware that MMF has claimed that removal of all permissions implied or explicit regarding such visits do not apply to MMF, this is of course nonsense, and any further attempts to visit my property in an attempt to pursue a spurious debt will be considered harassment and I WILL take suitable action.

 

 

Having researched the rather dubious conduct of MMF Ltd in pursuing alleged debts, quoting erroneous amount owed, and seeming manipulation of default dates and credit reference file entries I am forwarding a complaint to the OFT together with a co licence.mment on the fitness of MMF Ltd to hold a consumer credit.