Motormile & Pounds Till Payday

[DiscoDav]

Then what about the £1 fee?

[BRIGADIER2JCS]

e-mail it and ask for confirmation of receipt.

OK forget the CCA request and just e-mail the 1st part.

[Ocelot0411]

 

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

 

 

 

They shouldn't do, it goes against FCA, ICO and CSA guidance, its extremely bad practice. BUT this is guidance, NOT law and is ultimately unenforceable.

 

 

They only need to issue a default notice under the CCA if they intend to enforce the debt through the courts. Reporting a defaulted account to the CRA's is not enforcement. The CRAs consider a 'defaulted account' to be one where the contractual relationship has irrevocably broken down and give several examples of what constitutes this, passing an account or selling an account to a DCA is one of these.

 

 

Legal default and recording defaulted accounts to CRAs are not the same thing and the criteria is very different for each.

[Trampy]

Does anyone know if you report a card as lost/stolen, will that cancel any Continuous Payment Authorities on my bank account? If not, who do I speak to at Natwest to cancel?

[renegadeimp]

Nope. The CPA is tied to the account. NOT the card. You need to specifically cancel the CPA direct with your bank. be warned, a lot of banks try and ignore the law so you need to stand your ground.

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395493-Been-refused-cpa-cancellation-since-nov-2009-Go-get-your-money-back-now!!

[BRIGADIER2JCS]

Does anyone know if you report a card as lost/stolen, will that cancel any Continuous Payment Authorities on my bank account? If not, who do I speak to at Natwest to cancel?

Unfortunately im most cases this will not work as the Card is linked to the same account number and many automated systems will make the link to the account from a new Card.

Go into the local branch insist on seein a senior staff member , tell them the Card and account are compromised get both changed.

[DiscoDav]

Hi Guys,

 

Just thought i'd follow up with this - The Default has been removed from my credit file

 

As was previously mentioned, i'm now going after them for the other default notice which i said at the time was for conga, but it was actually for another payday **** company. I've sent them multiple emails and they are now completely ignoring me - maybe i have them on the back foot?

 

Either way, thanks guys

[BRIGADIER2JCS]

Hi Guys,

 

Just thought i'd follow up with this - The Default has been removed from my credit file

 

As was previously mentioned, i'm now going after them for the other default notice which i said at the time was for conga, but it was actually for another payday **** company. I've sent them multiple emails and they are now completely ignoring me - maybe i have them on the back foot?

 

Either way, thanks guys

 

 

 

 

Good result!!

 

 

e-mails to MMF are more often ignored than not.

 

 

Make written Formal Complaints ( which must be investigated and replied to within 56 days) address to Mr Neil Petty the MD and use signed for post.

 

 

Then put all the incorrect data in a complaint to the ICO.

[DiscoDav]

is there an email address for this guy? i'm in australia and post isn't really an option

[BRIGADIER2JCS]

is there an email address for this guy? i'm in australia and post isn't really an option

The principals of MMF all seem to use name@mmf .co.uk.

 

 

You could still follow up with a letter.

Do you have anyone in the UK who could post a letter for you?

[gavanj]

Hi Guys,

 

Just thought i'd follow up with this - The Default has been removed from my credit file

 

As was previously mentioned, i'm now going after them for the other default notice which i said at the time was for conga, but it was actually for another payday **** company. I've sent them multiple emails and they are now completely ignoring me - maybe i have them on the back foot?

 

Either way, thanks guys

 

Hi Disco Dave, I've been looking through this forum because I have been unfortunate enough to receive the exact same letter from MMF stating I owe money from a Pounds Till Payday loan. The dates on my letter are exactly the same as yours and I never once had any corespondance from PTP in over 5 years!! I too sent MMF the letter drafted by BRIGADIER2JCS as well at the £1 fee and got a response saying they aim to deal with this within 4 weeks, and they would be in touch if more time was needed. Over 5 weeks on I've heard nothing, and this default put on by MMF is still on my credit file.Did they ever get back to you or did the default just disappear with no communication?Regards.

[dx100uk]

would better to start a new thread

 

 

of your own

 

 

dx

[DiscoDav]

Hi Disco Dave, I've been looking through this forum because I have been unfortunate enough to receive the exact same letter from MMF stating I owe money from a Pounds Till Payday loan. The dates on my letter are exactly the same as yours and I never once had any corespondance from PTP in over 5 years!! I too sent MMF the letter drafted by BRIGADIER2JCS as well at the £1 fee and got a response saying they aim to deal with this within 4 weeks, and they would be in touch if more time was needed. Over 5 weeks on I've heard nothing, and this default put on by MMF is still on my credit file.Did they ever get back to you or did the default just disappear with no communication?Regards.

 

Hey,

 

As far as I remember, I got an email from them statig that they were going to remove the default as the original creditor didn't have any record of it, they stated that they could then place a default on themselves at a later date as they now own the debt (not sure if they can or not as I have never entered in to an agreement directly with them) but it would be after 6 months of non payment.

 

I was dealing with them through emails, so maybe you will get a letter?

[gavanj]

Hey,

 

As far as I remember, I got an email from them statig that they were going to remove the default as the original creditor didn't have any record of it, they stated that they could then place a default on themselves at a later date as they now own the debt (not sure if they can or not as I have never entered in to an agreement directly with them) but it would be after 6 months of non payment.

 

I was dealing with them through emails, so maybe you will get a letter?

 

Hi DiscoDav, Thanks for that.

 

 

I just got a letter from them yesterday, stating this was their final response.

It was passed the 4 weeks they said the would respond and for some reason they said they were responding to an email I sent them,

I've never emailed them in my life!

 

 

I asked them for a true copy of the signed and executed agreement for the alleged debt

and current statement of the account along with all other related documents.

I also included a £1 postal order to cover the costs.

 

 

All they sent me through was the loan agreement dated 3/09/2009,

the default on my credit file is dated on the 26/09/14

(i wasnt aware a default can show on your file after 23 days).

 

 

The thing I'm most annoyed at is as I was getting a mortgage 3 years ago

I referenced my credit file to ensure I was all ok.

Everything was and I got my mortgage but

 

 

ow I'm looking to remortgage and I'm afraid I wont be able to as this Default has just appeared after 5 years

with no warning or no communication.

 

 

I spoke to the Ombudsman and they said they would find it hard to deal with this

because the head office for Pounds till Payday is in Malta and out with their jurisdiction.

 

 

I'm looking to know from anyone out there,

 

 

Can MMF slap me with a default after 5 years of no communication at all from the original creditor?

Is there anything else I can do?

Or do I just pay the amount and wait till the defaut becomes statute barred in September

which I really dont want to do.

 

 

Also Is it true that a debt becomes unenforceable after 5 years in Scotland?

 

 

Regards,Gavanj. P.s.

 

 

They had the cheek to send me back the postal order I sent them,

which is now useless as it is addressed to them, as a good will gesture.

[renegadeimp]

Hey,

 

As far as I remember, I got an email from them statig that they were going to remove the default as the original creditor didn't have any record of it, they stated that they could then place a default on themselves at a later date as they now own the debt (not sure if they can or not as I have never entered in to an agreement directly with them) but it would be after 6 months of non payment.

 

I was dealing with them through emails, so maybe you will get a letter?

 

Nope. Only the oc can add adefault. Mmf cannot touch the file unless the oc has already got something on there.

 

Would be nice if you still have that email where they say they are allowed.

[dx100uk]

ICO is your target if they've messed with your file wrongly

 

 

dx

[gavanj]

Nope. Only the oc can add adefault. Mmf cannot touch the file unless the oc has already got something on there.

 

Would be nice if you still have that email where they say they are allowed.

 

Thanks. Thats another thing. The OC is not even mentioned on my credit file let alone a default from them. MMF have slapped me with one from 25/09/2009 when the supposed loan was still owned by the OC!

[gavanj]

I also think it's extremely sneaky of them sending out a 'final response' letter that actually missed 90% of what I asked them to look at and provide. Obviously a tactic they deploy in the hope you send the ombudsman this letter hiding the main facts. I have reported this issue to the ombudsman already and sent in copies off all correspondance so they will see they didn't address the issues I raised , their letters are so inconsistent and mixed up. I will contact the FCA, ICO and CSA today also. I need to get this sorted sooner rather than later.

[dx100uk]

if you can prove that the OC did not issue a default then

should be easy pickings to get it removed

 

 

MMF cannot default your CRA files

 

 

dx

[gavanj]

if you can prove that the OC did not issue a default then

should be easy pickings to get it removed

 

 

MMF cannot default your CRA files

 

 

dx

 

Spoke with the Credit Reference Agencies this morning and they confirmed it was Motormile that put the default on, not the OC.