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    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known.   I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
    • Hi, I have had to hand my notice into work this week due to my Manager telling me that I had lied to him. After we had a talk about it I received lots off emails asking about various things that needed sorted as someone else who I work with made such huge problems, so I was told to deal with it, which I have no issue with. I was also promised bonus money in April due to us doing so well and as off yet I have received nothing.  I was thinking about putting in a grievance but wanted to find out more before I do. I am still employed by them + am still on the payroll. Thanks in advance  
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DiscoDav

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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

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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.

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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.

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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.

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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


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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


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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.

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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


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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


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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?

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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


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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

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


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..

 

 

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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.

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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.


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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

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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?

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The original creditor hasn't defaulted me

 

 

How do you know?


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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.

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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.


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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

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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.


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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.

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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?

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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.


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