MMF claimform - lending stream PDL - missed payment now have CCJ?

[Myfamily]

Hi All,

 

Got an e-mail last week from Motormile, saying my debt with lending stream has been assigned to them , along with a letter from lending stream and a statement of account.

 

I did nothing,

 

then yesterday I got another e-mail threatening that they will put a default on my credit file, I check noddle regulary and lending stream have already registered a default for this account back in 2013, so I don't know what motormile is playing at but they can't change the default date can they?

[Bazooka Boo]

No they can't change the default date, all they can do is place their name against the marker and update the default.

 

How long have you been paying MMF?

 

How much?

 

When taken out?

 

How much were you currently paying MMF before they flogged it on?

 

Did you have an agreement with MMF to pay a reduced amount for a set period?

 

Have you reclaimed everything you are able to?

[Myfamily]

I have never paid MMf, I offered to pay lending stream a long time ago but they kept asking for more than I could afford so I began ignoring them! there was a lot of e-mails back and forth I have just checked back on my e-mail and now found an e-mail with a payment schedule attached agreeing to my offer - I didn't see this at the time, I was dealing with a lot of payday loans so must have got mixed up!

 

I never had an agreement with MMF as they have only just contacted me

 

But the balance was £102 and that was without charges etc and that is what motormile is asking for.

[Bazooka Boo]

Apologies, LS are passing it to MMF, got it now...

 

How much of this money from LS is made up of their reclaimable charges/fees?

 

You say you had a number of PDL's, how many exactly? And were LS aware of these?

[Myfamily]

Hi, well lookinbg back on my e-mails, I made a comp;laint to lending stream and part of that was quering the amount owed, they said it had increased to £282, but when they replied to my complaint the decreased this to £102. this is the default amount too, which is fine, the original balance was £100 plus £30 interest and £12 default charge which I said I would accept. so doesn't look like there are any other charges on this account.

 

I am not sure if they were aware of the other PDL's that I had.

[Myfamily]

well they've sent me this..

 

Unfortunately, despite our efforts to contact you, we have been unable to do so.

 

We have a default registered on your credit file relating to the above account(s). This may make it harder for you to obtain mortgages, personal loans or other types of credit. This information will remain on your credit file for 6 years.

 

 

I have checked my noddle account and it shows the default is already there with Lending stream with a default date of 24th sug 2013 and no payments made since then. I have taken a screen shot and will check when my new report is due (20th oct 2016)

 

I only thing that might change would be the name of the lender?

 

Should I reply to their e-mail or not?

[Bazooka Boo]

Correct the ONLY thing that can change on your CRF is the name, they will probably update it every month, but they categorically can NOT change the date of default.

 

No point in ever responding to them, they're a powerless DCA, all you will do is give them delusions of grandeur.

[Myfamily]

mmm interesting - just checked my noddle report and this account is now showing in closed accounts, still under Lending Stream but as satisfied!

 

Motormile sent me an email on 30th Dec

 

**Unfortunately, despite our efforts to contact you we have been unable to do so.

 

It is still our intention to set the correct plan with you to clear this amount based on your circumstances all we ask is that you pay what you can afford. For example we have many customers paying as little as £5 per month.

 

You can set up a payment plan by calling us on 0113 887 6876 or by emailing us at [email protected] if you prefer not to speak to an agent**

 

 

so is it safe to ignore these lot now?

[Bazooka Boo]

mmm interesting - just checked my noddle report and this account is now showing in closed accounts, still under Lending Stream but as satisfied!

 

Because they know it's a toxic debt and are getting ready to roll it into a portfolio of other non functioning accounts to flog on.

 

Do nothing, wait for any letter that might drop on your doormat.

 

Ensure you note the default date on your file, or screen dump it so you have a hard copy..

[Myfamily]

Hi,

 

Been a while since I got anything further about this but today I have received a letter from Moriarty Law.

 

This account still shows in noddle under closed accounts, marked as "satisfied" and default date is the same. I have checked my Equifax report too and it does not show at all.

 

This letter says that they want payment in 14 days, they say that if they do not hear from me in 14 days they have been instructed to issue proceedings without further reference to me.

 

they say "to ensure that you are fully aware of the consequences of legal proceedings being issued against you we have detailed below the costs, fees and interest that the court will add to your account should this action be taken" they then add show the costs increasing the debt by £85!

[Bazooka Boo]

Ah yes, a NWNF clown outfit........

 

Let them issue proceedings, which THEY can't, they don't own the debt.

 

Do nothing IMO.

[antonia26]

Ah yes, a NWNF clown outfit........

 

Let them issue proceedings, which THEY can't, they don't own the debt.

 

Do nothing IMO.

 

Hi so all these threats that they already been fined for they still doing and getting away with it are nonsense. I.ve received the same emails as others and same with me on credit file default and then closed as satisfied . So if it's been marked as satisfied can it be put back on credit file as not paid again mine was with cfo thanks

[Myfamily]

Thanks Bazooka,

 

All I'm worried about is the same thing Antonia says. this account is marked on my credit file in the closed accounts as "satisfied" but the default date is Aug 2013 so well within 6 years. I don't want it to suddenly appear on my credit file under a new name!

[antonia26]

Thanks Bazooka,

 

All I'm worried about is the same thing Antonia says. this account is marked on my credit file in the closed accounts as "satisfied" but the default date is Aug 2013 so well within 6 years. I don't want it to suddenly appear on my credit file under a new name!

Exactly same here especially if it's marked down as satisfied aswell

[Bazooka Boo]

The ONLY one who can mark your credit file is the OC, NOT a powerless DCA, if they have done so, then you must complain to the ICO who will investigate, plus if it has affected you obtaining credit then you can issue a claim against them for defamation, which AFAIK stands at four figures. (minimum)

 

A DCA CANNOT add a default marker on credit files, they CAN amend them to show that they are the gophers chasing the alleged debt, but the categorically cannot adjust the date of default or simply add a new default.

[Myfamily]

HI Bazooka,

 

this is showing under "closed accounts" it's marked satisfied and a nil balance, so am I safe to assume it cannot appear under "open accounts" again?

[Bazooka Boo]

HI Bazooka,

 

this is showing under "closed accounts" it's marked satisfied and a nil balance, so am I safe to assume it cannot appear under "open accounts" again?

 

The OC marks your file with a default, then, when they can't get any money off you, flog it as a toxic debt in a portfolio of other toxic debts, when they do so, they mark your file as closed with a nil balance, and whichever circus bought the debt places their name alongside the default.

 

The entry will disappear entirely, on its sixth birthday, never to return, paid or not.

[Myfamily]

ok but this is what I am confused about,

 

On noddle it only shows in closed accounts, no entry at all in open accounts with a new name or anything, not even in closed account under a new name.

 

In my Equifax account it doesn't appear anywhere - there doesn't seem to be a section for open or closed accounts.

 

the default date is Aug 2013 so still a while to go before it disappears, I'm just worried about it suddenly popping up!

[Bazooka Boo]

Well Noddle are slow on updating their files, they're part of call credit I think?

 

I'd go off Experians file, do a screen dump and print it off for future reference.

 

If there's nothing showing on it, then don't second guess what they ''might'' or ''may'' do, if they decide to mark your files now, with a new date, then you can complain to the ICO and have it corrected to reflect the true date of default.

[Myfamily]

Hi All,

 

New letter from Moriarty Law. it says.

 

********************

 

We refer you to our letter dated 9 June, when we notified you that we had been instructed by our above named client (lending Stream) company to recover the debt of £***.** from you.

 

Although we had asked you to respond within 14 days , no response has been received by us.

 

We have been instructed that if no offer of payment or settlement is agreed with you within 14 days of the date of this letter, then the firm is to issue court proceedings for the recovery of the sum due, we would therefore ask that you take immediate steps to contact us.

 

if contact is made as suggested above, it may be possible to resolve the matter without recourse to court proceedings, for example in some instances based on your circumstances a settlement figure can be agreed.

 

****************

 

 

What do you think?

[Bazooka Boo]

Phishing trip, offering a discount, although they don't state as such, but that's what a ''settlement figure'' is.

 

Look at the date the letter was printed (by their computer) and the date on which you received it.........how many days does it leave you? Three? two? None??

[lasek22uk]

I think I have same situation with MML / Moriartylaw, in question account Mr Lender. On Credit Report - account was late once then closed as settled as I paid that off..

[Myfamily]

Oh No, just received a claim form from Motormile

[Bazooka Boo]

No dramas, can you fill this out please.... http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

[Myfamily]

Name of the Claimant ? Motormile

Date of issue – . 18/07/2017

 

What is the claim for –

1. the defendant owes the claimant £102 under a regulated loan agreement with Lending stream LTD, dated 03 Jan 2013 and which was assigned to the claimant on 31/08/2016 and notice of which was given to the defendant on the 31/08/2016 (debt)

2.despite formal demand for payment of the debt the defendant has failed to pay

3'and the claimant claims £102 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the dated hereof at the rate of 8.00% per annum amount to £8.16

 

What is the value of the claim? £185.16 (£110.16 = court fee £25 and legal cost £50)

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan

When did you enter into the original agreement before or after 2007? after - 3 Jan 2013

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - sent by e-mail 8/09/2016

Did you receive a Default Notice from the original creditor? - not sure, probably

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

Why did you cease payments? Never paid MMF, offered Lending stream but they could not agree a figure I was able to afford, so didn't pay them

What was the date of your last payment? 28/03/2013

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? yes