Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

CallCredit & MMF default - Refuse to Remove a Default Thats Not Mine


Please note that this topic has not had any new posts for the last 1879 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Received a letter from MMF stating that they had handed over my debt to Swift Sterling.

 

 

As i have never had any debt or payday loans i wrote to both companies stating a CRN using a template from here.

 

I received no response (back in Sept 2014).

 

I joined Experian and told them to investigate,

they did and informed me it was ID fraud

and the company could not prove i had taken out the loan,

thus the default was removed.

 

The only other credit agency to display this default is CallCredit.

I have told them that this is fraud but they keep saying that they have contacted Swift Sterling and the default is valid.

 

What do i do now?

 

 

I told CC my back story but they don't care.

 

Help pretty please

Link to post
Share on other sites

Before embarking on a claim, I suggest you send a Subject Access Request to Swift Sterling.

 

This should give you access to all the information regarding the loan - it might confirm bank details etc. As this isn't your loan then it might present a problem for Swift if they do provide this information and I would have thought, proof that it isn't yours if they don't.

 

Sadly this is going to be long winded as they have 40 days to provide the data and it will cost you £10.00 but at least you will have some information that will help you in court or for a complaint to the Financial Ombudsman if you prefer that route.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 5 months later...

I have contacted Swift Sterling asking for proof of debt and received no reply, that was 10 months ago.

I have now started a complaint with the Financial Ombudsman but they have replied stating that Swift Sterling are based in Malta and not under their jurisdiction.

 

Help please

Link to post
Share on other sites

If they operate in the UK using a UK credit licence, they are. tell the adjudicator where to go, and get it escalated to an actual ombudsman.

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

Link to post
Share on other sites

Inaccurate credit files

 

If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.

 

Write to the agency giving your full name and address. It may also help to give your credit reference file number.

 

Clearly explain what information you think is wrong and why. Provide any proof you have to show why the information is wrong.

Keep a copy of any letters you send. By law the agency must tell you within 28 days of your letter if it has:

 

• removed the entry from your file

• amended the entry; or

• taken no action

 

If the entry is amended, the agency will send you a copy of the amended entry.

 

The agency will also send the details to any lender that has searched your credit reference file in the last six months.

 

http://www.legislation.gov.uk/uksi/2000/291/made

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Following Andy's post above....... this corresponds with CCA 1974 s 159

 

http://www.legislation.gov.uk/ukpga/1974/39/part/X/crossheading/credit-reference-agencies

 

Bear in mind the data controller is the party to any claim for damage, CRA's are pretty much a no go as data processors

 

The way this usually plays out is......... you raise the issue with the processor [Equifax, Experian, Callcredit], it in turn views this as a s.159 complaint and requests a response from its client [swift in this instance], a muppet reading the data at its terminal responds that all is correct, the processor says thanks very much and continues processing, you end up banging your head against a brick wall.

Link to post
Share on other sites
Inaccurate credit files

 

If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.

 

Write to the agency giving your full name and address. It may also help to give your credit reference file number.

 

Clearly explain what information you think is wrong and why. Provide any proof you have to show why the information is wrong.

Keep a copy of any letters you send. By law the agency must tell you within 28 days of your letter if it has:

 

• removed the entry from your file

• amended the entry; or

• taken no action

 

If the entry is amended, the agency will send you a copy of the amended entry.

 

The agency will also send the details to any lender that has searched your credit reference file in the last six months.

 

http://www.legislation.gov.uk/uksi/2000/291/made

 

Regards

 

Andy

 

Hi, I have no proof that the default isn't mine. I just know i have never taken out a payday loan ever.

Isn't down to Swift Sterling to prove that i did have an agreement with them?

 

I'm at my wits end with these jokers, my fixed term mortgage expires in December and i have the impression that this default will cost me a decent deal.

Link to post
Share on other sites

If Experian can get the right information to remove the default then why can't Call Credit. Do you have written confirmation from Experian that it's ID fraud? if so you should send a copy to CC asking why they can't get the same answer.

 

You could also write to Swift Sterling giving them 7 days to confirm they have removed the default or you will take them to court.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi

Apologies to those who have posted before for my butting in here. :-D

 

Have you placed a notice of correction with CallCredit? If not, it is time to do so. This can be up to 200 words and gives you the opportunity for potential creditors to see your side.

 

CallCredit can only go on what MMF and swift have told them. They contact the creditors and if they say it is correct, it stays.

 

An actual ombudsman? That is THE ombudsman who else is there?

 

At first, this is handled by an adjudicator and they tend to give an initial ruling. If you (or Swift) dispute this it then goes to the Ombudsman him/herself for a final ruling.

 

If you choose to take swift to court, any action the Ombudsman service take will cease so don't rush ahead as yet.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

For some reason back in May Motormouth must have had its wrist slapped by the ICO big time.

 

A lot of us including me had our motormouth defaults removed with no notification. I am speculating but motormouth were recording the defaults when they got the account, not when originally defaulted by the original creditor. Quite a few of us also had our old payday loans recorded by motormouth as student loans as well.

 

The point i am making is that Motormouth makes it up as they go along with peoples data. I think you need to be attacking Motormouth direct myself as to exactly what data they passed to swift sterling

Link to post
Share on other sites

yes I too feel your target is MMF.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

I've just gone over my letters from MMF and Swift Sterling again and it seems that Swift sold the debt to MMF last September 2014.

 

Expirian had a default for MMF - I disputed it asking for proof and it was removed.

CallCredit has a default for Swift - I disputed it but it came back 'All OK it's correct'

 

As they are the same default what should my next step be please?

 

Cheers

Link to post
Share on other sites

the oc is entitled to default you

a debt buyer is not.

 

 

prob the answer

typically the oc will default you before they sell the debt on

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...