Default threat from MMF for a Statute Barred debt from 2007

[impromento]

Hello everyone

 

New to this forum and this is my first post - looking forward to some advice

 

I received a letter today from Motormile Finance - a debt collection agency who it seems train their staff to bully, harass and generally p**s off their pray when you try to talk to them....

 

Anyway, the letter was regarding a wageday advance debt from 2007, that they say they have recently acquired.

I called MMF and asked that the debt be placed into dispute as i do not recall the debt, and as it was from 2007 - it would be statute barred anyway and unenforceable.

 

The agent stated that i could not put the debt into dispute and threatened me with a default on my credit file.

 

I asked how he could place the default on my file that was over 7 years old after one had more than likely already been on there previously and he said "because we can, its down to you to prove there was one before"

 

I then asked for the CCA for the account over the phone, and he said he would get "something" out to me in 14 days - probably via email if they cant do it within 14 days ????? -

 

he then became aggressive, condescending and actually someone impossible to talk to, so i terminated the call.

 

Ive sent them letters today - one complaining about the service issues and a statute barre letter

 

so my main questions are these:

 

can they register a default for a debt from 2007?

what do i do if the fail to respond to both my complaint and my statute barred letter?

Has anyone else had similar issues with these "people"

 

thanks in advance

[sequenci]

Hello there,

 

In short - they should not place a default on the file - and if they do it's challengable. As you've already pointed out the default would have occured seven years ago.

 

I would complain to the FOS.

[impromento]

Thanks sequenci

 

much appreciated

[renegadeimp]

Get the OFT involved as well.

[fkofilee]

Christ.. Another MMF Victim...

 

Their Customer Relations Manager is Barry Ellishaw and is contactable by email;

 

[email protected]

 

But i wouldnt hold your breath... I had been dealing with them for 4 debts that they claimed were mine (Rather they were 3 debts but they split one?!?!)

Anyhow, as Imp said, OFT needs to be noted, and maybe record the calls! ^__^

 

Time to get them into trouble

[impromento]

yep -

 

letters to OFT, FCA and the ombudsman are ready to go if they fail to respond to today's letters

[fkofilee]

No send them anyway! The way they have treated you isn't really that fair.

[renegadeimp]

I really want them to pick up my sb debts. Atm restons and arrow hold them. Fingers crossed

[fkofilee]

Imp... I don't know how wise that would be... You of all people know what MMF are like :-P

[impromento]

trust me... MMF are the last people you want chasing you for debts

 

they are terrible

 

harassment, abusive staff, incorrect info given to name but a few

 

letters to the appropriate governing bodies are now on their way!!!!!

[renegadeimp]

Oh I know what theyre like. I have more than enough money to drag them through the courts for harassment if they tried it. I already took cap quest there in 2006 and got a bit of compo out of it and 2 of my debts written off

 

The idiots tried to chase me for those debts again last year hoping id forgotten. I sent them a copy of the court docs where they were told to write it off and havent heard a peep since.

 

Dealing with dcas is tough but fun. Play them at their own game but stay within the law.

[cashins]

And don't talk to them on the phone, you are wasting your time. Some DCA's have a track record of threatening on the phone then denying it ever occurred. Keep your contact in writing.

 

David

[renegadeimp]

ALL DCA's have a track record of threatening on the phone and denying it occured. Thats how they make money. If an alleged debtor wont part with their money willingly, harass and intimidate them into doing so.

[cashins]

Didn't want to say ALL, but now you said it,there you go.

 

David

[renegadeimp]

Why not say it? Its the truth. Every single DCA in this country has done it. Most even make it a basic practice of operation.

[citizenB]

Why not say it? Its the truth. Every single DCA in this country has done it. Most even make it a basic practice of operation.

 

 

There are one or two who have wised up and have started to treat "debtors" with a little more respect.

 

As long as people know they are not "obliged" to deal with their financial hiccups on the telephone and have a legal right to communicate in writing then should the DCA continue to demand telephone contact, that can be considered harrassment.

 

The bottom line is though that the "debtor" should communicate - if the DCA refuses to co-operate then at that stage complaints can be made to the various agencies.. OFT (until they are no longer) and the Financial Ombudsman.

 

If you do communicate by telephone then you should ensure you are in a position to record the call. Ask the DCA if the call is being recorded. Insist on having the name of the person you are speaking to. When you finish the call - immediately write down your understanding of what has been said. Format it into a letter and send it to the DCA. Something along the lines of..

 

Dear Sir or Madam.

 

Account references

 

Reference : Telephone call with XYZ on DATE

 

Please find below a summary of my understanding of the telephone conversation between myself and XYZ today (DATE)

 

Your representative XYZ understood that I have a financial hiccup and has agreed a payment plan of £x over (period of time) to start from DATE.

(or whatever the outcome of the call was)

 

I would appreciate confirmation of this in writing and also your bank account details in order that I might make these payments.

 

Etc, etc.

 

Or if the call turned sour then you can make an official complaint again using the same format as above. However in this instance, having established that the call was being recorded, you can request a transcript or recording of the call.

 

Just state the facts arising out of the call. If their version differs from your understanding then you will have something to show a court should it ever get that far.

[cashins]

On the rare occasions I have bothered to speak to DCA's I have found, 'this call is being recorded' rather takes the wind out of their sails. Once had a clown trying to tell me that was unlawful, (not true), reply was a sardonic, 'Oh really', they broke the connection as I started laughing.

 

David

[dx100uk]

just remember that as from APR this year

under the new FCA rules

ALL DEBT COLLECTION PHONECALLS

 

MUST be recorded by whomever makes them.

 

dx

[cashins]

Ah, but I have always found that these companies can always find the bits that suit them, but have problems finding the bits that don't.

 

Whatever, stand up to these people and their threats, their ever changing staff will have to get rid of their old Fords and be back to riding buses if you do.

 

David

[chuffter]

hi David,

 

You are not the only one.

 

They are trying the same thing with me on a debt from 2007 for the same lender! However they are trying to say I made a payment in 2011, which I did not, guessing that in itself is a bit naughty!

 

Going to send a "Foxtrot Oscar" letter, see what happens next.

[cashins]

hi David,

 

You are not the only one.

 

They are trying the same thing with me on a debt from 2007 for the same lender! However they are trying to say I made a payment in 2011, which I did not, guessing that in itself is a bit naughty!

 

Going to send a "Foxtrot Oscar" letter, see what happens next.

 

Aha. Ask them to provide details of how this payment was made. Cheque, Postal Order, Credit/debit Card, if so cardholders name, authorisation number etc. It is not enough for them to show a payment was made. They need to show YOU made it.

 

David