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    • We've been in our current house for a year, and I can't remember if it was done just before or just after we moved in, but within a month either way.
    • Thank you. MCOL all done. Does my CPR 31.14 request letter seem okay? ****** ****** ****** *****   Lowell Solicitors Limited PO Box 1419 Northampton NN2 1BU   21st October 2019   Dear Sir/Madam,   Re: Lowell Portfolio 1 Ltd v Mr ****** ****** Case No: *********** CPR 31.14 Request   On Friday 18th October 2019 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre.   I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.   Prior to the issue of proceedings, I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:   1: The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment   3: The Default Notice   4: The Termination Notice   5: Statement of Account      Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.    You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.   In accordance with CPR 31.15, I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request, please confirm this in your response.     Yours faithfully,   *************
    • Documents sent to Idem & Court. Received by the Court on the day required (assume Idem will get it same time too??).  Just sit and wait now??
    • Thanks dx. Heard nothing from the court yet. Finally manage to finish redacting and compressing the documents. I've attached one to this message and the other to the next message.  Binder2_compressed.pdf   file number 2 Binder4_compressed.pdf file number 3. sorry for the trouble @dx100uk, I couldn't find how to compress it further.  Binder5_compressed.pdf   There is an application form for the loan which has my name and address on the first page. It has the account number on the last page on which I signed. For the life of me I cannot remember taking this loan, but I must have. It is not too strange. Because of my previous stress I am not able to remember quite alot of things.  I'm not sure what I should do next. I've been trying to read other threads but I am really lost. Can I make a defense or is it best for me to contact the DCA and make a payment arrangement?
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Tomo1987

Motormile Finance Legal Threats: Please help?

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Rob sands must have something to do with this. Mucky hall used to do a similar thing and since Mr sands left, theyve gone pretty quiet, or should i say, more quiet than they used to be, while MMF have increased. Also, if he doesnt have anything to do with it, then he's a very VERY poor compliance director.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Hellix contacted me by telephone again today, unlike with MMF and the previous companies I have been dealing with, upon hanging up they simply call again and leave a message. This message was utterly scandalous, it told me I had been booked in for a home visit and it even quoted the names of the other people who live in my house and for me to inform them. I wasn't having this and despite there already being a letter winging it's way to Hellix today I called them back and told them my situation and that I was explicitly unhappy with these threats, briefly explained my situation and told them I'd contacted them by post.

 

The man I spoke to was quite rude and aggressive to begin with but when met with my situation and my legal knowledge he started to twist and turn. He admitted that they were a 'sister company' of MMF and worked under the umbrella company, OPOS Limited, who they purchase the debt off. He couldn't tell me anything about the debt other than it's from a company called Minicredit and in the end he suggested I contacted OPOS, he gave me a telephone number and an address.

 

I've contacted them where I spoke to a woman who got more and more nervous as the conversation went on, she couldn't provide me with any more information either and when I requested the address and the name of the accounts manager she had to go and get another member of staff to check the spelling of the name.:| The more this conversation went on the clearer their lies and illicit behaviour became, I'm not convinced the person I have written too even exists and the moment I started to dispute the debt with a plausible story both Hellix and OPOS, but especially OPOS, became quite nervous and started to try and kick communication back to the other company.

 

Given upon researching both of these companies online and people's experiences seem to be that they are nasty, threatening anything-goes bully-boys, I found that if you are certain of your side of events and your legal rights that they start to panic and very quickly back down. Hellix have also broken OFT guidelines where fair practices are concerned as they have imitated legal standing to attempt to mislead of confuse an alleged debtor. The message is from a man claiming to be a debt enforcer who will be visiting my address and I am to inform the other people living here, the man I actually spoke too says this person is an adviser and can book me in for a home visit (which we all know probably won't happen). They've also sent me a letter which makes legal threats they couldn't possibly follow through on. I should also add the umbrella company OPOS have never contacted me. Isn't it quite odd that this is where the debt was supposedly purchased from because presumably that company couldn't reach a settlement with me, yet I have never received any communication from that company? First I've heard of them occurred today when I spoke to Hellix.:!:

 

What it seems is that these companies who are all presumably joint-owned, or at least in partnership, kick old and fraudulent debts between one another, use different approaches and tactics and do most of their business by phone in order to just try and get someone at the address and phone number they have to make a payment. All the many months and all the threats under the sun and I am yet to receive one of the following three things:

 

- Written proof of the debt including the full balance and breakdown, the account details and proof of the transaction and contract

- A visit from these so-called doorstep collectors.

- A CCJ or any other actual legal action against my name

 

I can't understand why, if this debt was genuine and they had fail-proof evidence, they haven't just taken me to court. They'd win, right? And I'd end up paying. I've never encountered such dodgy business practices in my life, their websites are a joke too, half of the services they claim to offer are unlawful and who would go to a backwater company like this when you could employ a reputable solicitor? But then I've probably answered my own question there, backwater companies!

Edited by Tomo1987

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Rob sands must have something to do with this. Mucky hall used to do a similar thing and since Mr sands left, theyve gone pretty quiet, or should i say, more quiet than they used to be, while MMF have increased. Also, if he doesnt have anything to do with it, then he's a very VERY poor compliance director.

 

What's the betting Mucky Hall, MMF, Hellix, Capquest and OPOS are all one of the same company? And the actual name of the company isn't any one of those five?

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What's the betting Mucky Hall, MMF, Hellix, Capquest and OPOS are all one of the same company? And the actual name of the company isn't any one of those five?

Research before supposition!!


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Tommo Please edit in paragraphs the post in one block is difficult to read.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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What's the betting Mucky Hall, MMF, Hellix, Capquest and OPOS are all one of the same company? And the actual name of the company isn't any one of those five?

 

Thats too far fetched to be anywhere near the truth. Even for a conspiracy theory.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thats too far fetched to be anywhere near the truth. Even for a conspiracy theory.

 

Why is it? Most PDL companies are owned by the same umbrella companies. You think DCAs who operate on their behalf wouldn't be the same? You'll note these pond-life DCAs rarely operate on behalf of national banks or reputable loan companies...

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Because we know a LOT about the backgrounds of most of the DCA's and sub companies. We even had various media and official investigations through government agencies into them. Lets just say we know how most of them are connected and yours.... arent.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Because we know a LOT about the backgrounds of most of the DCA's and sub companies. We even had various media and official investigations through government agencies into them. Lets just say we know how most of them are connected and yours.... arent.

 

Well that's interesting then because Hellix told me today that MMF are, and I quote, their "sister company." Also confirmed OPOS as their "umbrella company and MMF's." I'm quite happy for this to be a lie also. Nothing would remotely surprise me.

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Did they tell you in writing or by phone? DCA's will say anything on the phone as they dont care. The reps are simply told " heres the number, and info. Call them and do whatever it takes to get money from them". Now, if its in writing, thats a whole other ballgame.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Did they tell you in writing or by phone? DCA's will say anything on the phone as they dont care. The reps are simply told " heres the number, and info. Call them and do whatever it takes to get money from them". Now, if its in writing, thats a whole other ballgame.

 

Was over the phone unsurprisingly. Contact by any of these companies via letter is, shall we say, limited.

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Its limited for a reason. They are told to say anything to get a debtor to submit. They wont put anything in writing, and even if you record a call, they are known to try and say that it was a cleaner or an intern that wasnt authorised to make the call.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Its limited for a reason. They are told to say anything to get a debtor to submit. They wont put anything in writing, and even if you record a call, they are known to try and say that it was a cleaner or an intern that wasnt authorised to make the call.

 

Well thanks for that information, it opens my eyes to a whole new world of deceitfulness on top of the one I already knew exist. This is why I keep telling them I will only discuss matters with them in writing so that I have a record of everything sent. I won't deviate from this path, no matter how hard they try.

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And thats the way CAG recommends. it also creates a full paper trail as is your right when you are dealing with financial issues. It also stops the company trying to say they never agreed to something when you have it in writing that they did. if they refuse to put it in writing, then you know theyre pulling a fast one.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And thats the way CAG recommends. it also creates a full paper trail as is your right when you are dealing with financial issues. It also stops the company trying to say they never agreed to something when you have it in writing that they did. if they refuse to put it in writing, then you know theyre pulling a fast one.

 

These are precisely the reasons I am doing it. I know there is a good to excellent chance that I will receive nothing back from them in writing, which plays perfectly into my hands.

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I think what is happening here is an old and quite common situation many creditors/debt purchasers and DCAs have business 'relationships' (partners in the loosest sense, e.g. the DWP refers to the DCAs they use as "private sector partners") we know that many debt purchasers use a specific DCA for collecting and managing debts I've seen these relationships quoted many times in the past.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Well another quiet day so far from MMF since my letter writing campaign it's been nearly a week since Mike has last threatened to drop by for a cup of tea and a punch in the face.

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Just a quick tip when dealing with Motor Mouth, NEVER NEVER pay them using a debit or credit card, past experience has taught me to use standing orders only for these clowns. I had set up a standing order with MMF sometime ago before I knew what they were like and at the same time I made a one off card payment for the same amount as the standing order, so as they put to keep the account up to date.

 

However when checking my bank statements I noticed regular debit card payments and standing orders to these cowboys, I contacted them and the phone muppet stated I had authorised a regular payment to be taken from my debit card...an MMF LIE and it was my responsibility to cancel any such further payments, yet another lie. They did not refund my debit card payments but adjusted my outstanding balance with the extra payments.

 

Only use standing orders for these jokers, that way you are fully in control of the amount that they receive and when they receive it.

 

Don't trust them and NEVER believe a word their phone advisers tell you.

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Never use a credit/debit card for ANY DCA. SO is the ONLY method of payment unless they supply giro slips. regarding the amounts they debited, you do realise you can get them charged back as they were unauthorised/potentially fraudulant transactions right?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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When I informed my bank about the transactions I was given the classic brush off, they informed me that they could not do anything as MMF had my card details. I was a little green and wet behind the ears then. A harsh lesson, will never happen again.

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Your bank is completely wrong. Get back in touch and get those amounts charged back, unless you want nothing further to do with them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think it would be too late now as it was early last year, I just wanted to let others know how devious this bunch of crooks are.

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You can also see three possible employee's outside the office door having a crafty fag , or , these could be Mikes fan club gathering for a daily dose of DoorStepping ..

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