Just had this off Motormile Finance. Unsure what to do

[mickyp1504]

I understand you have decided to revoke your doorstep licence

 

In relation to your notification of your revocation of the doorstep licence regarding our intention to send an agent to your home to discuss the debt. I can confirm that we are fully aware of this and we ensure that we fully comply with the Financial Conduct Authority (FCA) guidance regarding debt collection and visits by agents. You are not correct in your assertion that, under FCA rules, we can only call at your home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.

 

In law, a creditor is in a different position to a postman or a member of the public asking directions. When you took this loan, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid.

 

Please contact us on 0800 9961103 and quote reference M to arrange a repayment plan for the outstanding balance, or to discuss a settlement. Our collections department is available between 8am and 8pm Monday to Thursday, 8am to 6pm Friday and 9am to 2pm Saturday.

[renegadeimp]

Ignore it. They think the rules dobt apply to them. Theyre wholly wrong. Mmf do not follow the law or guidance.

 

If you want to tell them where to go, get a complaint to rob sands. Make sure to mark the envelope private and confidential.

[mickyp1504]

Thanks for the reply. Had to send them 2 revoke letters before they sent this. That was after all the early morning emails. Like what other people report they are idiots. But just needed clarification on the matter. They really need reporting to OFT.

Thanks

[renegadeimp]

OFT are no more. If they wont listen, get the FCA involved. if they still wont listen, follow up your complaint with the FOS.

[mickyp1504]

Thanks for that didn't know that info. I will do. Getting bored of them now they won't even say what it's for. Just muppets and totally think they are above the law.

[renegadeimp]

You are dead on with that micky. Good luck and keep us informed, if anything happens. The main thing to do is get that complaint in, so you can get the FOS involved. It will take a long time to get it sorted, but you'll come out on top after it all.

[mickyp1504]

Fingers crossed and i will certainly keep this thread updated. Thanks for all the advice received

[theoldrouge]

FCA guidance on visits, may be of use to you-

Debt collection visits

 

CONC 7.9.12

01/04/2014

FCA

 

A firm must ensure that a person visiting a customer on its behalf1) clearly explains to the customer the purpose and intended outcome of the proposed visit; and

 

[Note: paragraph 3.12 of DCG]

(2) gives the customer adequate notice of the date and likely time (at a reasonable time of day) of the visit.

 

[Note: paragraph 3.13g of DCG]

 

 

CONC 7.9.13

01/04/2014

FCA

 

Failure to give adequate notice prior to an initial visit to the customer may not contravene CONC 7.9.12 R if the customer is happy to speak to the person pursuing recovery of the debt at that time. However, where, at the initial visit the customer indicates a preference to use the first visit to agree a more convenient time for a future visit, the person pursuing recovery of the debt should respect the customer's wishes. It is important that the customer is given reasonable time to prepare for a visit and should not be coerced or pressurised into immediate discussions or decisions.

 

[Note: paragraph 3.13g (box) of DCG]

 

CONC 7.9.14

01/04/2014

FCA

 

A firm must ensure that all persons visiting a customer's property on its behalf act at all times in accordance with the requirements of CONC 7 and do not1) act in a threatening manner towards a customer;

(2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;

(3) visit at an inappropriate location unless the customer has expressly consented to the visit;

(4) enter a customer's property without the customer's consent or an appropriate court order;

(5) refuse to leave a customer's property when it becomes apparent that the customer is unduly distressed or might not have the mental capacity to make an informed repayment decision or to engage in the debt recovery process;

(6) refuse to leave a customer's property when reasonably asked to do so;

(7) visit or threaten to visit a customer without the customer's prior agreement when a debt is deadlocked or reasonably queried or disputed (see CONC 7.14 (Settlements, disputed and deadlocked debt)).

 

[Note: paragraphs 3.12 and 3.13 of DCG]

 

 

CONC 7.9.15

01/04/2014

FCA

 

It would normally be inappropriate to visit a customer at the customer place of work or at a hospital where the customer is a patient.

[mickyp1504]

Thanks for that it will be of great use should they visit as yet only threats. Since we live in an apartment with locked doors gonna be kinda hard for them. That's if they even have the address as they have not mentioned this at all.

[BRIGADIER2JCS]

All that is needed if such a visitor appear is to tell them you will not discuss anything with them, then invite them to leave

stating that if they do not do so the police will be called.

[mickyp1504]

All that is needed if such a visitor appear is to tell them you will not discuss anything with them, then invite them to leave

stating that if they do not do so the police will be called.

 

Will do. I'm not a wall flower when it comes to telling people where to get of. Won't be intimidated by these lot. Thanks for that

[BRIGADIER2JCS]

Will do. I'm not a wall flower when it comes to telling people where to get of. Won't be intimidated by these lot. Thanks for that

Well said Micky these people have no authority other than to spout the company "Scripted" threat!

[chris223b]

In law, a creditor is in a different position to a postman or a member of the public asking directions. When you took this loan, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid.

This little gem has been an MMF stalwart for a while. They are correct in that FCA (previously OFT) debt collection guidance does allow a creditor to call at your house, but they fail to acknowledge that withdrawing their implied right of access completely trumps this.

 

 

A private company without a valid warrant from a court has absolutely no right to call at your home after you've told them not to, regardless of what MMF like to say. Stopping them visiting with a WOIRA is completely valid.

[fkofilee]

I thought a WOIRA was a load of cobbledash! It cant be something to do with the FOTL right?

[renegadeimp]

They just nean the doorstep collectors letter. It works for dcas but not bailiffs etc.

[BRIGADIER2JCS]

I thought a WOIRA was a load of cobbledash! It cant be something to do with the FOTL right?

All this home visit rubbish can be dealt with quite simply: If one of these "doorsteppers" does visit remember that have no authority to enter properties take goods, or even require/request an individual to discuss an alleged debt.

"politely invite" the person to leave the premises immediately or be removed with police involvement if needed.

[fletch70]

Of course you can ask them to leave but if you have sent the letter beforehand it just strengthens your hand if you need to make a complaint