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SUCCESS!! getting a default removed from Motormile

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Hi all today i was successful in getting TWO yes TWO defaults removed from my credit file. Please see below my story, this show that with persistence and not being bullied can work, if anyone is having issues with this company then give it a try, this was all done via email. Its long but certainly worth a read

 

I received an email from MMF stating that they had bought the debt from another company. I had not received any default notices/letters for this debt so i emailed asking for details. This was the first reply

 

Dear John

 

Balance £326.00- Wage Day Advance Payday Loans

 

Good Morning,

 

Thank you for your email, I hope you are well,

 

 

I am Samantha your account Manager.

 

 

Please email me back confirming your details below to allow me to take payment

 

So i replied........

 

Hi samantha,

 

 

 

I wish to make an offer to resolve that will suitably please both parties.

 

 

 

I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term.

 

I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount totalling £163.00, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

 

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, i'll probably be able to counter sue and litigate over unenforceability.

 

 

 

To confirm, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out

 

 

 

•The Default Notice will be removed

 

•The Status of the account will change from “Defaulted” to “Settled”

 

•The Current Balance will appear as £0.00

 

•The Default / Delinquent Balance will be set to £0.00

 

•There will be no date in the “Defaulted Date” field (as it will be removed)

 

•There will be no date in the “Date Last Delinquent” field on the report

 

•This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

 

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming the exact amount owing and I will send my payment details by return.

 

Failure to agree will result in more formal papers being sent, by return.

 

I look forward to your response.

 

she replied....

 

Dear John

 

The lowest amount of a settlement figure I can offer you is £260.80 giving you 20% discount

 

You actually borrowed £240.00 on the 28/02/2013 and agreed to pay back the fixed interest of £70.80.

When you agreed to the terms and conditions you agreed to pay back £310.80 by 25/11/22013.

 

As it wasn’t paid back breaking the loan agreement Wage Day Advance Payday Loans put on £103.20 default charges and £12.00 failed direct debit fee

 

Which they are within their rights to do when the terms and conditions of the loan agreement are broken.

You have paid back £100.00

As £163.00 would be less than you borrowed we cannot close it down for this amount.

Thank you Sam

 

I replied.....

 

Hello Sam,

 

Thank you for your reply, I am happy to pay the amount you stated with the deduction of 20% however could you confirm in writing and via email that the below points will be completed please?

 

•The Default Notice will be removed

 

•The Status of the account will change from “Defaulted” to “Settled”

 

•The Current Balance will appear as £0.00

 

•The Default / Delinquent Balance will be set to £0.00

 

•There will be no date in the “Defaulted Date” field (as it will be removed)

 

•There will be no date in the “Date Last Delinquent” field on the report

 

•This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

 

Kind Regards john

 

she replied.....

 

Dear John

 

I have had a response from a manager –

 

We are unable to remove a default that was legitimately there.

 

This would be classed as falsifying a credit file and could lead to irresponsible future lending.

 

We will however show this as fully satisfied which will start to repair your credit file.

 

This will be better than it remaining outstanding and collections activity continuing.

 

Basically we will show the balance is settled in full at a 0 balance , but a default can’t be removed once it’s on I’m afraid,

All 3 credit reference agencies will be informed on the 15th of the month after its paid and it will then take them 6-8 weeks to update their records.

 

Thanks Sam

 

I replied......

 

Hello Sam,

 

Thank you for your reply, I have to disagree with what you have stated as i have recently had a default notice removed from my credit file from another company as unsubstantiated.

 

On looking through my paperwork and letters I do not have a recollection or evidence of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

 

 

2. You must supply me with a signed true and certified copy of the original default notice

 

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

On thinking further on this matter, it has been brought to my attention that a satisfied default does not mean anything in the eyes of lenders and sadly will make no beneficial change to my credit rating.

regards john

 

she replied.....

 

Dear John

 

I have requested the original credit agreement to be sent to you by e-mail , have you received this?

 

The default is registered by the company you took this out with Wage Day Advance not ourselves there is no way this can be removed

 

When you default on a account on your credit file all you can do is make payments to improve this, a default cannot be removed.

 

Thanks Sam

 

i replied......

 

Hello Sam,

 

I have not received this as of yet, also i have not received such a letter of default from Wage Day Advance either. I request an original signed copy of the default notice as without this the debt is unsubstantiated. I would like both the original credit agreement and original default letter sent to the address stated in my previous email. You have 12 working days to supply a copy. After 12 working days the agreement is unenforceable without a court order until the agreement is produced. After 30 days, if the agreement has not been produced then the lender (Wage Day Advance) has committed an offence under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Kind Regards john

 

she replied.....

 

Dear John

 

You should get the copy of the credit agreement by e-mail either today or tomorrow it’s been sent for you

 

I passed this to a compliance manager , he has spoken to wage day advance and agreed to remove the default for you

 

If you can pay the £240.00 to clear the account I have been advised to tell you we can answer yes to all of your questions.

 

Thanks Sam

 

i replied.....

 

Hi Sam,

 

Thats great news however i would need that please in writing from Wage Day Advance stating that they will remove the Default Notice and:

 

•The Status of the account will change from “Defaulted” to “Settled”

•The Current Balance will appear as £0.00

•The Default / Delinquent Balance will be set to £0.00

•There will be no date in the “Defaulted Date” field (as it will be removed)

•There will be no date in the “Date Last Delinquent” field on the report

•This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

 

Many thanks for your help thus far

 

Kind Regards john

 

she replied.....

 

Hi John

 

We own the debt now so you wouldn’t get it in writing from them as we are the legal owners

It would be in writing from ourselves

 

I’ll get you the Notice of assignment of debt sent to your e-mail also

 

Thank Sam

 

i replied.....

 

Hi Sam,

 

Thats great thank you, If you could also send me a scanned copy via email for my records that would be greatly appreciated.

 

Kind Regards

 

she replied.....

 

Dear John

 

I can’t do anything until its paid I’m afraid , as soon as you pay the settlement figure

My colleague can make arrangements to get the default removed we can’t do this while it’s still outstanding

 

After its closed we will credit and close the account to show its fully satisfied, get you a letter of satisfaction sent out and remove the default

For you also get that sent out to you

 

None of this can be done until its paid and closed

 

Thanks Sam.

 

i replied....

 

Hi Sam,

 

I will need a letter in writing stating that you will do this please, I cant simply go on the word of an email. If you was to in turn not remove it i would not have a leg to stand on. Im not asking it be removed before i pay, just that you send a letter stating that when i do pay it will be removed.

 

Many thanks

 

she replied....

 

Dear John

 

I have requested this for you from Admin by e-mail and post, should be with you asap

The default will not be removed until its paid

 

The offer is only open for the next 24 hours

Thanks Sam

 

i replied.....

 

Sam, unfortunately i wont have the funds until the end of this month, i can send my card details so you can take the funds on the last working day?

Kind Regards

 

she replied....

 

Sorry John

 

We wouldn’t be able to hold this until the end of the month.

 

i replied....

 

Hi Sam,

 

To make you aware i still would need an original copy of the default letter that was sent, as i have not received this and did not receive it originally then this debt is still in question and no interest or action can be taken on a debt that remains under investigation. I have emailed my legal advisor from trinity legal services and explained the situation. I agree to pay the debt but can not until this month ends. Plus as stated I will only make payment once a written and posted letter is received. If you cannot accept this under the same conditions for the end of this month then sadly i will not pay the debt at all and will send all correspondence to the relevant legal authorities and get them to investigate the debt further as i have no recollection of any past correspondence and this most likely will result in the debt being removed without payment. This certainly is not beneficial for yourselves. So please inform me as to whether i can pay in 17 days and under the same conditions or whether i need to cease all communications and send all relevant information to the appropriate authorities. Many thanks john

 

she replied....

 

Dear John

 

I have spoken to a manager , he is prepared to still give you the discount and remove the default

 

If you pay at the end of the month on the condition you provide your debit card details to set this up.

Also yes you will still get the information you have requested.

 

Kind Regards

 

I replied...

 

Hi Sam,

 

Many thanks, i will get the card details over to you in the next 30 minutes, can you please take the payment on the 31st May. i just received this email also?

 

Please contact Motormile Finance regarding your outstanding account on 0113 887 9900 quoting reference M295150

 

Is it possible to pay this and get it removed also, its for a mere ?68.00

 

regards john

 

she replied.....

 

Dear John

 

This one is a national cash advance with ?68.00 outstanding

 

As a good will gesture I will get this written off for you and e-mail you a letter of satisfaction ,

 

The other account will all be dealt with as soon as its paid , I have set up the plan for you. The default will be removed from your credit file within 15 days of payment

 

Calls/action will stop on both accounts in 24 hours.

 

:) :) :)

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be very careful. Youve given them your details and they have been known to take more than what was agreed. You should really have asked for their bank details and a reference number so you can set up a one time standing order.


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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Thats a very good point!! i have however got the written letter on the way and a scanned copy stating all of the above and that they will do it as stated.

 

will let you all know at the end of the month

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Thats a very good point!! i have however got the written letter on the way and a scanned copy stating all of the above and that they will do it as stated.

 

will let you all know at the end of the month

Did you get your letter from MMF yet?

 

 

Not wanting to rain on your parade, but not in a million years would I have given a company like MMF my card details, as has been suggested it would have been better to get their bank details and make a transfer to them. But now that it's done, I would strongly advise that you transfer out all funds from your account except for the exact pounds and pence figure you have agreed with them and then as soon as they have taken payment report your card 'lost' with your bank so that you get a new card with a new number that they can't touch - with valid card details on file and funds in your bank account you are leaving yourself wide open to them taking a swipe for whatever they want, this company has no regard at all for the law, regulations or best practice, they just do whatever the hell they want.

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Hello,

 

I still have not received the letter and have emailed the individual whom i was previously in contact with stating that if i do not receive the letter via scanned email and post by tuesday then i will be forced to cancel any payment, this will include cancelling my card. I then asked if they would send me an invoice for the exact amount and informed them i would pay it via bank transfer on the last working day. Will see what reply i get

 

thanks J

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Standing order. Not bank transfer


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 have bad feeling about this. The insistence on the debit card details is very worrying. This company think they are above the law and will happily commit fraud thinking you are a) too stupid and b) don't have the means to take them to court (as you have had a payday loan they assume you are impoverished.

 

 

With card details they could claim you have set up a CPA and take whatever they fancy. Cancelling the card won't stop this and you will have to battle with your bank probably for many months to get it back. I would get a new bank account quick sharp and make sure your current one has nothing in it.

 

 

Sorry to be the voice of doom but these people are white collar criminals.

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Cancelling the card won't stop this and you will have to battle with your bank probably for many months to get it back. I would get a new bank account quick sharp and make sure your current one has nothing in it.

You certainly can stop CPAs by getting the card replaced - I can tell you that from experience. Where I work (in subscriber management for a magazine publishers) we use CPA to collect subscriptions but many customers believe we use direct debit. Barely a day goes by without an angry customer calling in demanding to know why they've been told their subscription has been cancelled and it always boils down to them having got a new debit card and not telling us and so we were cut off at source.

 

 

With some banks a replacement card seems to stop CPAs as a matter of course, with others it depends what you tell them - if you merely ask for a card to be cancelled or replaced then they might still allow pre-existing CPAs through, but if you explicitly state that it has been lost (and therefore you must presume it might have been stolen) then CPAs shouldn't go through on the old card details.

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It depends on who you bank with. Some banks refuse to stop CPAs and it takes an ombudsman complaint to sort it. This forum is littered with that experience. Personally I wouldn't risk it. If the OP is lucky the bank might agree to it up front but if not, not a risk I would be taking.

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Oh and I have had several CPAs go through on cancelled lost cards. Maybe I need a new bank though! :-)

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CPA's are differenty than cards. Cancellign a card doe snothing to a CPA, since the CPA is tied to the bank account and not the card. You need to cancel the CPA itself, or better still, get your bank to change your account number.


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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CPA's are differenty than cards. Cancellign a card doe snothing to a CPA, since the CPA is tied to the bank account and not the card. You need to cancel the CPA itself, or better still, get your bank to change your account number.

With respect, that's not a hard and fast rule. CPAs require the card number and not necessarily (or at all) the account number, so the card number is used to collect them. For every person who says cancelling a card won't stop a CPA and has experienced CPAs going through on an old card, there is someone who says it will stop it and has cut people off by doing this.

 

 

And as I said above I can tell you first hand that cancelled cards do affect CPAs as I deal with it on a daily basis at work.

 

 

It seems to depend on the bank involved and the manner in which the card is cancelled (e.g. cards replaced automatically due to expiry dates can be different to cards replaced by the customer damaging them can be different to cards that are lost/stolen etc).

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With respect its a general rule that all banks use. The CPA is a mechanic tied to the account so any creditor that has recurring payments to them doesnt have to keep asking the account holder for permission. Gyms, magazine subscriptions, PDL's use this mechanic.

 

The authorisation is initially done by the card transaction. When the transaction is sent to the bank, a request to set up a recurring payment is sent with it. From them on, as long as the bank allows it, the money will come out as and when the creditor wants it, and has the added bonus for them of being able to alter it at will.

 

many MANY banks or rather their poorly trained staff refuse to cancel the CPA, and indeed, when questioned further, they admit they do not even know what a CPA is, let alone how it works. They try and say that they will put a note on the account, so if it is take, it will be refunded. The payments regulations specifically state that the bank can and MUST cancel the CPA upon the instructions of the account holder. No excuses. The account holder must notify them a good few hours before time of closing, the day before the transaction is due.

 

Many creditors such as PDL's are very well aware that this happens and bank staff are completely oblivious to the regulations, so they exploit it. CFO are a prime example where they completely strip the account. They even drop the amount tried until they get a 'hit'. We had one extreme case last year where a debtor queried the transaction with the bank and found that CFO had tried an amazing 60 times in the space of 25 minutes until they managed to clean the account out. The debtor then had to contact the relevant regulators and also consider legal action to force the company to get it back.

 

 

So in summary, what i said was correct. The bank management know it, the creditors now it and the regulators know it.


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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But again with respect, regardless of what is supposed to happen, people DO manage to stop CPAs by cancelling (or otherwise changing) cards. It's real and it happens! I doubt the people on here who say they have managed to stop companies from using CPA to swipe their accounts by cancelling their cards are imagining it!

 

 

For my own part, I'm not imagining the calls I get at work regarding cancelled subscriptions which the customer didn't know about which always and without fail boil down to the customer having got a new card without telling us and any angry retort from the customer about how their electric bill and car insurance etc are still being paid always comes down to the customer not understanding that their electric and car insurance are being paid by direct debit and their subscription to us is by CPA.

 

 

This really does happen, changing a card can stop a CPA, it clearly doesn't happen across the board but it DOES happen!

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Again, that all depends on the banks mechanics. The regulations clearly say that the best way to cancel it is to specifically cancel the CPA. It's really as simple as that. I'm not going to get into an argument on someones thread about it. I'd rather choose to believe the regulations and the regulator over everyone else.


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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Again, that all depends on the banks mechanics. The regulations clearly say that the best way to cancel it is to specifically cancel the CPA. It's really as simple as that. I'm not going to get into an argument on someones thread about it. I'd rather choose to believe the regulations and the regulator over everyone else.

Believing what the regulations/regulator says will happen against what actually does is irony indeed considering this thread is about MMF who have no regard for the regulations or the regulator and play at best by their own rules, and at worst not even by that.

 

 

Anyway, to try and get back on topic, with cancelling a CPA I would suggest this is risky with a company like MMF - although in theory the customer consents to them in practice they are set up purely on the creditor's say so with no specific evidence that the customer agreed to it being required other than providing valid details from the customer but those details may have been intended only for a 1-time purchase. I would argue it's much better to cut them off at source and make sure that whatever details they have won't work - whether that's cancelling the card or changing account numbers/changing banks altogether as you suggested - I would hope we agree on that :)

 

 

 

I still have not received the letter and have emailed the individual whom i was previously in contact with stating that if i do not receive the letter via scanned email and post by tuesday then i will be forced to cancel any payment, this will include cancelling my card. I then asked if they would send me an invoice for the exact amount and informed them i would pay it via bank transfer on the last working day. Will see what reply i get

I assume that 'Protection House' have not coughed up with the goods yet and you are still waiting for your letter? If they miss your deadline (which they will) I'd go forward with complaints

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My concern is that MMF have your card details.

Please know this, Someone I know dealt with them the same way you did... And they got shafted by MMF.

 

Immediately get your Card and CPA cancelled... you still have time to do this.

Force them to give their account details to you. Do a standing order.


**Fko-Filee**

Receptaculum Ignis

 

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Hi all an update:

 

MMF had not replied to emails and i have not received a letter as of yet, i emailed sam the original woman dealing with the case, i explained that i am still waiting for the letter that she agreed to get to me and i asked for a scanned copy via email also, she replied by stating that no letter gets sent or default removed until after the debt is paid. I then informed her i dont want the default removed immediately and understand that it will not be removed until after payment BUT i want the letter of confirmation stating that the default will indeed be removed.

 

email below:

 

I wrote.....

 

Hi Sam,

 

I requested that you send a letter confirming that you would remove the default after payment, i understand that this will not be done until after payment. on the 14/05/2014 you informed me this would happen I quote "Dear John I have requested this for you from Admin by e-mail and post, should be with you asap"

 

This is what i am referring to, So i need this confirmed in writing, I have been made aware from other individuals whom have dealt with your company that you have taken more than the agreed amount in the past and not stood by your word. All i simply ask for is a letter confirming that on receipt of payment you will remove the default from my credit file. Also confirmation of the exact amount you will be taking. This is what you agreed to. I do not want the default removed until after payment.

 

Please send me the confirmation letter asap and also email me a scanned copy.

Thank you

 

she replied....

 

Yes I have requested the original credit agreement that you asked for

 

That’s with admin I do not send that for you , this is a call centre I am a call centre agent not a administration clerk I cannot send what you ask for only request which was done for you.

 

As said before you will not receive a letter about the default until its clear.

 

i replied....

 

The Credit agreement is not what i need, its the letter stating the default be removed, pass to admin that if this can not be provided i will wish to cancel payment and will be cancelling my card with immediate effect.

 

 

I have yet to receive a reply. Now i do not mind paying the debt as £240 ish does not break the bank BUT i DO want the default removed. Now she is stating that after payment it will be removed and i will receive the letter. If they do not honor this and do not take the correct amount equating to the 20% off the original debt, is there any law that they are breaking or anyone i can complain to?

 

regards

 

L

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Its also not a call centre but part of a redirection centre. Similar to what you see on tv in dramas where one person sits at a computer, call comes in and the system tells that operator which company she has to pretend to be from.


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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