Motor Mile Finance - Default Notice

[timmm7]

Hi all,

 

My First post.

 

I was recently been very successful in getting a default notice from a welcome finance debt which was being chased by a dca called Compello. The debt was statute barred!

 

My attention has now turned to Motor Mile Finance (MMF).

 

I'm not one bit concerned about their threats of agents coming to the door etc, the debt is for £140!!! Payday loan from the Loan Store.

 

What I am concerned about is the effect on my credit file.

 

Firstly the debt is about a year old and they have registered the default a couple of months after. However they have registered the debt at an old address (my university accommodation from about six years ago) on my credit file.

 

It simply isn't the case that i haven't updated them with my current address as i have been in the same place since the debt was taken. I can only assume they pulled this address from my credit file.

 

Can anyone please advise? does this give me any type of edge with trying to get them to remove it? Any advice and template letters would be great! - Thanks in advance.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

We have a long running campaign in regarding to MMF on CAG.

 

I doubt this will help as the default itself is correct.

 

You can place a notice of dispute on the CRA files regarding the address and request that the old address is removed from the records as it is so old.

 

With the usual suspect conduct of MMF Ltd, it is distinctly possible that using a very old address could lead to a Court Claim being issued to that address, and if unanswered would result in a judgement by default.

 

What do you want to do about the actual debt?

[timmm7]

Thanks for the reply.

 

Honestly - I don't want to pay the debt to them. Only for the reason that each penny they collect the stronger they potentially are.

 

I have a number of ideas and routes I want to follow first of all. As for any default notice it would have been sent to the old address and therefore I have not had the opportunity to pay it - Complaint to the FOS?

 

Any court judgement entered by default would be easily set a side as any company applying for a CCJ must do a due and diligent search under the Credit Consumer Act and as I have never given that address to them. I can't see how they would justify it. In any case I would be shocked if they choose the legal option as it will only add to a bad debt and they have no route of entry to collect it and besides I have never known an unsecured debt governed by the CCA to be enforced by bailiffs.

 

Finally I have thought about offering payment as an ex-Gracia offer to remove the default but again I would not trust them to keep there end of the bargain.

 

I have read through other the other feeds and I can see that they really are very aggressive.

 

I would love to know if anyone has any thoughts of which route I should follow and I will keep everyone updated as I go.

[BRIGADIER2JCS]

Default removal would be best attempted via the original creditor MMF are totally intransigent in this area and insist that the OC placed the default and only they can remove them.

 

Also MMF will say the DN would have been sent by the OC to the last address known, and I have no doubt that would be confirmed by the OC, as DNs are not retained as hard copy, (the creditor merely annotates the customer file that a DN was sent on a specific date) this is all the information they need to give.

 

I can tell you that I have seen a vast number of consumer credit debts go through CCJ, Charging orders, AoE and warrants of execution leading to enforcement by bailiffs it is quite common now due to the high value of many debts.

 

Some DCAs are issuing Statutory demands for debts only on or just over the £750 threshold these days.

 

MMF have total disregard for law, regulation and guidance and are frequently seen to state that nothing applies to them or any actions they may take.

 

We have a 'campaign' running to collect as much data on this rogue company as possible which will then be collated and will form a comprehensive mass complaint to the OFT/FCA.

 

The thread is 'Motormile Finance your help needed' please feel free to add any comments, letters, e-mails etc.