Motormile & Pounds Till Payday

[DiscoDav]

If a buyer was allowed to add defaults whenever they like, then it would be open to massive abuse. Thats why all buyers DONT add a default on. They merely update the record. If your scenario was correct, then they would put a default on YEARS after the point of action.

 

 

From what i read of the emails from MMF - This is exactly what they intend to do

[Ocelot0411]

This scenario has happened to me.

 

Experian, the FOS and the ICO all said its fine.

 

Do not be fooled by the ICO technical guidance.

 

It's guidance not law.

 

There is no penalty for breaching it.

 

If its correct, regardless of who puts it there and when, there is no breach of the DPA and therefore no legal claim and the ICO don't give a monkeys.

 

The FOS go ''oooooh not our remit' and hide behind the skirts of the ICO who as we have just established dont give a monkeys.

 

And that is how this is allowed and will continue to be allowed to happen.

 

I just don't want people thinking this can't happen to them when it will and there is nothing you can do about it IF (big IF) it's factually correct.

[Ocelot0411]

And they will Disco Dave. It's basically legalised blackmail. The only way out is to find its incorrect. It can be done with a lot of time and effort but its a long slog.

[Ocelot0411]

Renegade imp. What point of action? Legal

Default has no connection with reporting to CRAs. Hence no requirement for a default notice before reporting a default to a CRA. Recording a default is not ''endorcement'. This was clearly established in McGuffick v HSBC.

[dx100uk]

Hi Fletch,

 

Yeah, that sounds like exactly the kind of email that i would like to hit them with. I would be very grateful for a copy of it.

 

If by details, you mean my bank account number and stuff, yes it was my account when i banked with abbey, although they would already know that from the Wonga situation i guess?

 

 

 

Dx,

 

To which money are you referring? The Wonga payment?

 

Cheers

 

yea would be nice wouldn't it.

 

dx

[dx100uk]

From what i read of the emails from MMF - This is exactly what they intend to do

 

is the account already on your credit file?

 

dx

[DiscoDav]

is the account already on your credit file?

 

dx

 

No, there is nothing on my credit file, that why i don't have any idea where its come from. as per my credit file i have no debt to anyone at all.

[dx100uk]

as for the default debacle

to sell a debt he original creditor usually defauilts the debtor

the debt buyer cannot change this date

 

you also need to bear-in-mind that to default a debt

the debt buyer must regularly be sending regular notices

like NDS and NOSINS letters and statements

if they have not done that every 6mts

they cannot default you.

 

dx

[dx100uk]

No, there is nothing on my credit file, that why i don't have any idea where its come from. as per my credit file i have no debt to anyone at all.

 

then ignore them

 

phishing trip

 

dx

[DiscoDav]

So, correct me if i'm wrong:

 

If the original creditor didn't report a single thing on my credit file, then this lot can't either?

 

And another thing, the original date on it was 25/09/2009 - does that date still stand as being the start date? therefor in september it will be statute bared? or with these mugs buying it, does it have a new start date of this month?

[dx100uk]

no it does not have a new start date

 

this is mmf we are talking about here people

 

ever seen them take anyone to court yet...

I haven't.

 

just like cfo they are a bunch of speculative fleecers

that send out threats to 10000's of people

hoping to catch a mug that knows no better than to

think they have ANY legal powers to do anything.

 

you found CAG

 

they'll move on to the next 'mug'

 

if you ignore them.

 

dx

[DiscoDav]

so if they even tried to put a dodgy default on my file, it would have to be from 2009? meaning it would expire in a couple of months anyway?

 

If so, haha good luck with that one

[renegadeimp]

They will not add a default if one isnt already there. Mmf do not follow the law and will lie every chance they get.

[Ocelot0411]

They will add a default. They can't change the date but given you don't know what date the original creditor defaulted you how do you prove them wrong?

 

This original creditor thing is nonesense. Has one person in here actually backed this argument up? Despite repeated challenges? No they haven't because its rubbish. If someone can't back up what they are saying chances are its rubbish. As is this.

[BRIGADIER2JCS]

They will add a default. They can't change the date but given you don't know what date the original creditor defaulted you how do you prove them wrong?

 

This original creditor thing is nonesense. Has one person in here actually backed this argument up? Despite repeated challenges? No they haven't because its rubbish. If someone can't back up what they are saying chances are its rubbish. As is this.

 

 

The practice of defaulting an account immediately prior to the sale or assignment of it is not unusual as we have seen with Welcome Finance and others.

 

 

So original creditor places default today and sells the debt on Monday without reporting to the CRAs, the debt purchaser reports the CRA files with a default entry, this is I believe a more common occurrence than we see on CAG.

[DiscoDav]

They will add a default. They can't change the date but given you don't know what date the original creditor defaulted you how do you prove them wrong?

 

This original creditor thing is nonesense. Has one person in here actually backed this argument up? Despite repeated challenges? No they haven't because its rubbish. If someone can't back up what they are saying chances are its rubbish. As is this.

 

The original creditor hasn't defaulted me

[DiscoDav]

The practice of defaulting an account immediately prior to the sale or assignment of it is not unusual as we have seen with Welcome Finance and others.

 

 

So original creditor places default today and sells the debt on Monday without reporting to the CRAs, the debt purchaser reports the CRA files with a default entry, this is I believe a more common occurrence than we see on CAG.

 

So you're saying that they may have already defaulted it, but there's no way of me knowing if they have or not?

[BRIGADIER2JCS]

The original creditor hasn't defaulted me

 

 

How do you know?

[Ocelot0411]

Finally a bit of sense.

 

 

And there is NO REQUIREMENT for an original creditor to have reported the account to the CRAs BEFORE the DCA do it. This is a commercial decision by the owner of the account. Once the account has been sold to the DCA they own the contract and all of the rights under it. THEY are now the data controller and can make a commercial decision to report the defaulted account even if the original owner decided not to. Reporting to CRAs is an entirely different issue to legal default under the CCA.

 

 

Reporting to CRAs is commercial and of course a money making scheme by the CRAs themselves and good old form of blackmail from debt purchasing co's. What they cannot do however is change the default date. Doesn't mean they don't of course and you can of course sue for this as its incorrect and therefore a breach of the DPA. But they can record an account that was defaulted say three or four years ago which has never appeared before as long as the default date is three or four years ago. Totally legal and common practice.

[BRIGADIER2JCS]

So you're saying that they may have already defaulted it, but there's no way of me knowing if they have or not?

Exactly, the normal practice is for the original creditor to default an account, giving them the power to demand payment in full, which is why the DCAs usual 1st letter demands payment in full.

 

 

MMF misuse the "default " by claiming that it will report to the CRAs as if it is originating the default when it is not so.

 

 

Have you checked credit reference files, try Noddle it does sometimes have more "historical" data.

[DiscoDav]

Exactly, the normal practice is for the original creditor to default an account, giving them the power to demand payment in full, which is why the DCAs usual 1st letter demands payment in full.

 

 

MMF misuse the "default " by claiming that it will report to the CRAs as if it is originating the default when it is not so.

 

 

Have you checked credit reference files, try Noddle it does sometimes have more "historical" data.

 

Yes, I've checked several different ones, including noodle, and there's no sign of this debt anywhere at all.

 

I didn't know, and am amazed that they can default you and not tell anyone about it. Especially considering the first thing I've heard of this from either the original creditor or mmf is the email that I started this thread with that I only just received

[BRIGADIER2JCS]

Yes, I've checked several different ones, including noodle, and there's no sign of this debt anywhere at all.

 

I didn't know, and am amazed that they can default you and not tell anyone about it. Especially considering the first thing I've heard of this from either the original creditor or mmf is the email that I started this thread with that I only just received

 

 

I suggest sending the following to:

 

 

Mr Rob Sands,

Compliance Director

MMF Ltd.,

 

 

Ref: use theirs:

 

 

 

 

Dear Mr Sands I am in receipt of an e-mail from MMF Ltd., alleging that I owe MMF the sum of £xxx.xx relating to an account with Pounds Ti Payday, please not I do not acknowledge any such debt.

 

 

I am unaware of any correspondence regarding the alleged debt prior to this e-mail.

 

 

Motor Mile Finance Will now only communicate in writing via Royal Mail, no e-mails, telephone calls or text messages will be replied to, nor will any appointments for "home visits" be made.

 

 

I am enclosing herewith a postal order for £1.00 for the statutory fee for a request under section 77/78 of the Consumer Credit Act 1974 (as amended) MMF must within 12+2 working days provide a true copy of the signed and executed agreement for the alleged debt and current statement of the account together with and related documents.

 

 

Failure to comply means that the alleged debt will be unenforceable via the court system.

 

 

Use recorded signed for post.

 

 

BTW template letters are a waste of time with MMF they just ignore them.

[DiscoDav]

I'll send it off to them when I get back to the uk, at the moment, I can only correspond with them through email as I'm in Australia with work for 6 weeks at a time.

[DiscoDav]

Can I drop the email bit out and ask them to send it via Royal Mail and scanned copies to my email address so at least I don't have to wait another 6 weeks to read what they say?

[BRIGADIER2JCS]

I'll send it off to them when I get back to the uk, at the moment, I can only correspond with them through email as I'm in Australia with work for 6 weeks at a time.

e-mail it and ask for confirmation of receipt.