Legal action - Approved

[Goatan]

Just had this from MMF with the same subject as the title of this thread.

 

Mr Goatan,your file has been approved for legal proceedings at your last known address. MMF rely on this SMS re legal costs. 01138876876 Ref: blah blah

 

Fully intend to ignore but i though others should be aware also this game to my e-mail adress not sms and was placed imediatly into the junk folder. BTW would this count as threataning legal action if they never follow through?

[Sillyboywyn]

I had the same email even though the debt is now 7 years old and have told the its statute barred via writing, email and phone. Yet they seem to think that SB doesn't apply to this debt, idiots, complete and utter idiots.

[citizenB]

Goatan, If they have no intention of moving forward with legal action, then yes, it is intimidation. You should forward anything of this nature to the OFT.

 

Sillyboy, if the debt is statute barred and you have advised them of this, then whilst the debt doesn't "disappear", then it cannot be collected through the courts. They can ask nicely if you will pay it back, but their own industry regulator even says that once advised, they should close the account.

 

 

 

Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in their Debt Collection Guidance (section 2.13 and 2.14a and b), and it is the methods in which the debt is attempted to be collected that can cause concern to the OFT.

 

In essence, providing you work within legislation and guidance, collection of statute barred accounts is a legitimate activity. However, if your debtor has stated that they will not be paying a debt because it is statute barred, these accounts should be closed and your records updated appropriately. This will reduce the number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint and create further issues for the industry in this area.

 

NOTE: The sections quoted from the OFT Debt Collection Guidance might be referenced differently in the new guidance.

 

 

Stat barred debt[1].pdf

[Goatan]

well i will give them till the end off the month to make good on this threat then a nice complaint to the OFT is in order.

[renegadeimp]

You need to complain NOW. Not give them a few weeks.

[BRIGADIER2JCS]

well i will give them till the end off the month to make good on this threat then a nice complaint to the OFT is in order.

 

You need to tackle this NOW MMF is a dangerously unpredictable company!

[sillygirl1]

Funny they use the phrase 'last known address' to imply that you have moved and not let them know where you are - especially as they probably have checked your credit file and left a tell-tale footprint indicating that they know you current address..... very much intimidation.

 

If this is also for a payday loan then they have very little paperwork.

[BRIGADIER2JCS]

This 'last known address' nonsense seems to be an attempt to cover up a possible 'judgement by default' at a previous address, as warned this company is totally without business ethics.

[Goatan]

It has been over 20 days since they sent that so i suppose that would be long enough to show they have no intention. With regards to previous adress thing i only have one other adress that i lived at for a few months with a friend but im back at the same adress i lived at before then and have been here for over 6 years.

 

With regards to a complaint to OFT do i simply need to forward the e-mail them?

[sillygirl1]

Yes, forward the email to the OFT via their complaints form.

[BRIGADIER2JCS]

I had the same email even though the debt is now 7 years old and have told the its statute barred via writing, email and phone. Yet they seem to think that SB doesn't apply to this debt, idiots, complete and utter idiots.

 

Hi sillboywyn, responding to your PM.

 

I understand that MMF have made another rather crass statement regarding limitations not applying to PDL accounts, rubbish of course.

 

Private & Confidential

For the PERSONAL attention of

Mr Robert Sands

Compliance Director

MMF Ltd.,

 

Ref: use theirs:

 

Dear Mr Sands,

 

I refer you to recent contacts made by MMF Ltd regarding an alleged debt for £xxx.xx originating from an account with xxxxxxxxxxxx, please take careful note of the following statement as it seems that the 'operatives' of MMF Ltd are unable to grasp simple facts.

 

1. I DO NOT acknowledge any debt to MMF Ltd.

 

2. The alleged debt is STATUTE BARRED and I will NOT make payment now or in the future.

 

A rather rude and obviously badly trained operative of MMF Ltd has stated ''that this type of debt does not get statute barred'' one would really like to know where this gem originates as it is clearly absolute nonsense.

 

I will of course be reporting the conduct of MMF Ltd., to the OFT/FCA with a comment on the very obvious unfitness of MMF Ltd., to hold a consumer credit licence.

 

MMF Ltd., WILL now confirm that the alleged debt is statute barred and Will cease to process all data relating to me and remove it from its records.

 

I am sure Mr Sands that you and your staff have been reminded many time of the sections regarding the pursuit of statute barred debt laid down in the OFT Guidance on Debt Collection 2003/2006, up dated Nov. 2012 so I will not elaborate further but remind you that further contact from MMF Ltd., may amount to harassment.

 

I would expect a personal response to this communication Mr Sands.

 

This is my final response.