letter from Motor Mile Finance

[obiter dictum]

I have been contacted by a debt collecting company called Motor Mile Finance. I received a rather threatening letter from their solicitor called Neal Chatrath which I was not happy with. It was a carefully worded letter to cause maximum distress.

 

From reading postings on this company, I realised the threats were hollow. I sent this solicitor Neal Chatrath a suitable response and placed the account into official dispute. This alleged debt is in reference to a payday loan taken out in 2009. On checking my credit file Motor Mile Finance have defaulted this account 1/12/2012.

 

I have never taken out a payday loan.

 

Today I received a response from a Mr Barry Ellarshaw saying this account has been placed on hold and to expect a response within 4 weeks.

 

I am enclosing a copy of the first page of their complaints procedure enclosed with the letter from Barry Ellershaw for consideration

 

 

[ATTACH=CONFIG]48304[/ATTACH]

[Jam_Buttie]

Send the prove it letter too

 

usual empty threats from pretend solicitors.

[renegadeimp]

Place the debt in dispute, and address all correspondance to Rob sands complaince officer. Everything else will either go ignored, be replied with a bunch of whitewash, or theyll send more threats.

[dx100uk]

moved to the mmf forum

 

plenty to read here

 

dx

[fkofilee]

Use the letter as Tissue paper for when you sneeze ^__^

When i spoke to Barry he wasnt just Customer Relations Manager, He also did compliance now.

 

Im just wondering hoe big and how many staff this outfit has...

On your credit file does it show a default with MMF? You mentioned about your credit file.

[BRIGADIER2JCS]

Send the prove it letter too

 

usual empty threats from pretend solicitors.

 

Chatrath is a qualified and properly registered solicitor wholly employed by MMF and they are indeed starting to use the courts.

[obiter dictum]

I have been doing some digging on these payday loans from forum members. For the record i have never taken one out. My question is on Default notices.

 

It appears no default notice will be needed on a payday loan as they have to be paid back after 30 days. In my case, this fraud took place in 2009, yet the default registered with the credit agencies december 2012. That is three years after the account was closed.

 

Confused.com

[fkofilee]

Are you sure?

 

A default notice DOES still have to be issued.

 

You'll need to challenge MMF... That's not quite right about the default date.

[obiter dictum]

It has been stated that these are only thirty day loans, they terminate after 30 days so no credit agreement is left to default.

 

The default date registered with the credit agencies and start of this loan are correct

[BRIGADIER2JCS]

It is correct a formal demand for payment which if not met results in the account being defaulted.

 

If the 'fraudulent' account was just closed as often happens in this sort of situation without being defaulted immediately the PDL will default immediately prior to selling the debt.

 

The way forward in the situation of a 'fraudulent' account is a formal complaint to the data controller at the PDL demanding that the entry be removed.

[obiter dictum]

Since this solicitor

Neal Chatrath

stated he has passed my official complaint onto their complaints Dept ( Barry Ellershaw) six weeks ago,

 

i have received no response.

 

I did receive a notification from experian about the addition of deleation of an account by MMF.

 

There has been nothing previous on my credit file from MMF, and still nothing

[BRIGADIER2JCS]

MMF have probably vanished their.... threatogram machine, as soon as a threat to their authority is seen all goes quiet let sleeping rats lay.

[obiter dictum]

I have just received a letter from Mr Barry Ellershaw.

 

He has stated that if i consider this to be ID fraud then i need to get a crime reference number,

and send in a copy of my bank statement .

 

He then goes on about making a payment arrangement to clear this debt

 

What is even more shocking is that he has sent a put together credit agreement which is so bad my 8 year old son can do better.

it is stated as an electronically signed agreement.

 

Barry Ellershaw states in his opening paragraph that the loan was from june 2009 and purchased june 2012,

yet the agreement from them is dated october 2008.

 

I have stated that this is nothing to do with me yet they still send this so called credit agreement

 

You cannot make this up it is so preposterous

 

How are these cowboys allowed to continue to operate with their blatant disregard for the law

[BRIGADIER2JCS]

Sounds typical MMF stupidity!! Try the following.

 

 

Private & Confidential

 

 

Mr Rob Sands

Director of Compliance

MMF Ltd

 

 

Date:

 

 

Ref: use theirs:

 

 

 

 

Dear Mr Sands,

 

 

I refer to a letter from Barry Ellershaw dated xx.xx.xxxx (copy enclosed for clarity), Mr Elllershaw clearly states the account relating to this alleged debt was opened in JUNE 2009.

 

 

The childish attempt a producing a " reconstituted" agreement is dated OCTOBER 2008 as this is clearly a fabrication the "reconstituted " agreement is totally refuted and it does not satisfy my request made under sections 77/78 of CCA 1974.

 

 

I am sending a copy of Mr Ellershaws letter and the alleged agreement to the OFT/FCA with a formal complaint regarding the conduct of MMF Ltd.

 

 

I do not acknowledge any debt to MMF Ltd., and I know consider the matter closed.

 

 

Send by recorded signed for post.

[obiter dictum]

Succinct and straight to the point

 

Thank you

[BRIGADIER2JCS]

Succinct and straight to the point

 

Thank you

Happy to help.

[sillygirl1]

I am completely baffled as to why MMF are getting away with all this, they must know they have a very sour lemon of an alleged debt portfolio.

 

My main problem from my bad PDL days is now phone calls from another company - but they have been reported to the OFT, FOS, ICO etc and I am waiting replies from those organisations.

 

The whole PDL debt collecting side of the so-called industry seems to be as poor as the business practices in general - but luckily sites like this exist to inform people of their rights, rather than the 'implied rights' the DCAs seem to think they have.

[renegadeimp]

Theyre already under investigation. Sadly though, people rarely complain. I still really hope they pick up my sb debts though. Theyre with arrow/restons atm and theyre not doing much.

[obiter dictum]

Well it has been 12 months and Motormile have started their thetograms again. It went straight into my spam box for some reason

 

 

Not only is this not my debt by all accounts, it is from 2007 and statute barred anyway

 

 

I will let them continue into my spam box and ignore for the time being

 

 

 

 

 

 

Dear Mr xxx xxxx

 

Our Ref: xxxx xxx

 

Original Creditor: Think Finance (UK) Ltd t/a 1 MONTH LOAN (debt assigned to Motormile Finance UK Ltd)

 

Original Outstanding Balance: £570

 

New Outstanding Balance: £525

 

We write to advise that in an effort to ensure that your account has a fair and reasonable balance, we have voluntarily reduced the amount outstanding to £525

 

If you wish to discuss this reduction or speak to a Customer Service Representative, then please call us on 0113 887 6876. Alternatively, you can arrange a call back or discuss the matter generally by emailing us on [email protected]

 

If you are already in an instalment plan, your repayment will remain the same. However, if you wish to repay this account, or vary your existing arrangement, then one of our representatives will gladly discuss this with you in order to agree a reasonable and affordable plan that suits your needs.

 

Yours sincerely

 

Motormile Finance UK Ltd

[fkofilee]

Good Idea... Dont stir the hornets nest....

 

Fair and Reasonable? That in all honesty isnt a great discount...