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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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Motormile Finance Default


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  • 2 months later...

Motormile have been chasing me for quite some time regarding a 1month pdl, i have sent them letters by recorded delivery and numerous emails to negotiate a repayment plan but they have ignored everything I have sent! I cannot get them to respond to me at all! I am still receiving their home visit threats and now this morning I received a count court threat unless I ring them. I really do not want to telephone them, what can I do??

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Can you post up some of those letters you got minus any personal info? Im thinking their just baseless threats. As if they went to court and you can show you tried contacting them, it would look very bad for them to have refused all point of contact.

 

The court threat is just a threat. It has no basis. If they took you to court, you could show the judge a full trail of evidence and harassment.

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

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I dont have access to a scanner, but its mainly emails they have been sending me. I have emailed them back to 3 different addresses in the hope that one will get through but nope!! Its so annoying as I actually want to get it sorted, all my other creditors have agreed payment plans.

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If you have harassing emails from them, you can copy and paste. You could also take a pic of the letters with a phone camera if you want to, but its not really important. The only reason i asked to see them was just to see the wording of the letters, as they can be very sneaky at how they ask you things.

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 tried to take a photo with my phone however its hardly readable, so I will see if I can get access to a scanner at work tomorrow. In the meantime here are a few of of the 17 emails they have sent:

 

"Think Finance (UK) Ltd t/a 1 MONTH LOAN (debt assigned to Motormile Finance UK Ltd). This is MMF Home Visit Dept.Please contact us to arrange home visit appointment. Call 0800 9961103"

 

"Message for xxxxxx. Please contact us on 08009961103 to prevent County Court legal action. Ref: Mxxxxxxxx MMF LEGAL DEPARTMENT"

 

There are also a few like this:

FORMAL APPOINTMENT REQUEST

Our ref: xxxxxx

Re: Think Finance (UK) Ltd t/a 1 MONTH LOAN (debt assigned to Motormile Finance UK Ltd)

Debt value: £570

One of our Doorstep Agents will shortly be attending your property and this is a formal request for you to provide an agreed appointment time and date, failing which our agent will have no option other than to arrive unannounced.

PLEASE DO NOT IGNORE THIS MATTER AS COSTS AND INTEREST WILL SHORTLY START TO BE ADDED TO THE ACCOUNT BALANCE AND WILL GREATLY INCREASE THE AMOUNT YOU WILL HAVE TO PAY.

Please contact us urgently on 0800 9961103 or 01138 876876 quoting reference Mxxxxxxx

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Ahh the good old doorstep letters.

 

 

have a good read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

They can request an appointment but you can simply tell them no. If they arrive unannounced, then you can tell them to sod off, and if they dont, then you can call the police.

 

As for their threat of costs/interest being added. Sure they can add them, but you wont be paying them.

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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Well finally heard back from these clowns, stating there is no note on my account of me ever contacting them (liars!) anyhoo check this out:

 

Thank you for your email.

 

Whilst I understand your position, please understand ours: we are being asked to accept a payment of £1.00 per month which will take a very considerable time to discharge the debt. You are asking us to accept that payment without sight of any proof of your financial circumstances. Whilst we accept that some individuals cannot afford any more than this, without proof we are quite within our rights at a later stage to have one of our agents visit your property when they are in the area to assess your general living standards. Without any proof to the contrary, this is the only way of assessing whether your repayment offer is reasonable. Our company policy is to do this on instalment offers that do not discharge the debt within 10 months or less.

 

As such, we would invite you to provide documentary proof of your financial situation, failing which we can only accept your repayment offer on the condition that we will later visit your house to assess your apparent standard of living.

 

I look forward to hearing from you.

 

 

Am I right in thinking they are taking the **** and have no right whatsoever to come and check my house? Nor do I have to provide Financial Information? I could do with some help in compiling a response to this joke..........

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Report the emails and this horrible lot to Trading Standards and the OFT, they are taking the proverbial here.

 

They are having a laugh at your expense.

 

How much was the pdl and which company wasy it because they are probably chasing a grossly invlated amount - technically you only owe the original loan amount and one months interest because that was the key clause in the contract (this is not to lead to another discussion on the subject - I no longer deal with pdl cases as the last time I took a loan out was 4 years ago... the market has changed a lot since then.

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Thats what i thought, its for a think finance (1monthloan) i owe them 300 plus 1 months interest. I have offered them £1.00 per month which is the same as i am paying other pdl companies.

 

Any advice for my reply to them would be great!

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Fill in a I&E summary and sign it as a declaration of fact. Send it to the creditor with your offer, and tell them thats all you can afford, and thats all you will get. Should they try to add charges, you will report them to the OFT for unfairly inflating a debt. Should they take you to court, any action will be defended and the judge will agree to £1 a month anyway, maybe even less, maybe wipe it completely.

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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OK I replied and this is their reponse: "Thank you for your email and sending me a copy of your income and expenditure. Unfortunately we cannot accept other creditor payments as part of your expenditure,You must list your incomings and outgoings, then compile a separate list of your creditors and distribute your disposable income amongst them. If you would like me to send you a template for an income and expenditure form please let me know"Why won't they just accept! Sick of them being difficult!

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What? hahahah. Get that to the OFT immediately. Thats grounds for revoking their licence.

 

 

However, if you want to fill in their form, make sure you only put things like:

 

Bank loan 1: £xxx

Credit card 1: £xxx

 

Dont put names down unless you want to and definitley dont put reference numbers down.

 

The other creditor payments are part of your expenditure/outgoings whether they like it or not. They need to realise and understand that they are LOW priority creditors who have the same rights to be paid as your milkman does.

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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Yes, get that to the OFT, they have no right to tell you where you can put your 'spare' money, for all they know you might have court orders telling you that you have to pay that ammount.

 

If you don't get this to the OFT you are wasting your time posting on here.

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yep, motormile has no right to question what you pay other creditors, obviously there are some exceptions like you can't just write you spend all your money on blow and hookers, but they certainly can't fiddle wit the priority of debt which they they are obviously attempting to.

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I have just filled in my OFT complaint ready to send it off tomorrow, and I did the Trading Standards one yesterday. :wink:

 

Should I still pursue motormile to accept my offer or just leave it now? I don't really want to fill in another expenditure sheet, i've given them one already!

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  • 3 weeks later...

Well just to update, the OFT have responded saying they will compare my complaint with others and then decide if any action should be taken. My local trading standards were less than helpful, saying that email is not a valid form of communication so no action cannot be taken regarding harrassment, and that I should just accept the fact that DCAs are bullys and lie to get us to pay!

 

Motormile have since sent me a letter threatening with imprisonment!!! unbelievable.

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Yes I have sent it in to the OFT. I felt very frustrated speaking to the Trading Standards chap - he veered off into a counselling session about my level of debt instead! Think he was an older chap by the sounds of it, clearly hasn't got to grips with modern day technology!

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