Motormile Pounds Till Payday

[jon1965]

When I left my DMP I had a PDL with pounds till payday that was being handled by clarity. I was making payments of £1 per month. In March 2012 I wrote saying change of circumstances and would they give me a repayment break for 6 months . The last communication of any form was 30th May 2012 , a failed payment notice.

This has never been on my credit file

A couple of weeks ago I received a mystery email from MMF about an account which i ignored, then a txt which i ignored and now an email saying

Pounds Till Payday - Payday Loan
Debt Value: £
We note that you have not responded to our previous communications.
Your continued default will shortly be reported to all 3 major credit reference agencies and this will make it hard for you to obtain credit in the future.

The file is now being prepared for a notice of default to be issued and then for a Doorstep Agent visit to your property to try and resolve the matter.

If you wish to deal with this matter, please contact our office and one of our representatives will happily go through the matter with you to reach a repayment agreement.

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 HA VE TO PAY.

Please Contact us NOW on: 0113 887 3867. Quoting reference
Yours Faithfully,

Pre-Visit Collections Dept.
MotorMile Finance UK Ltd.

As I said I have received nothing else, no NOA, no letter from Clarity of PTP
I imagine the email breaches the DPA , any thoughts on that?

My intention is to wait until something arrives in the post and then send a prove it letter along with the normal don't darken my doorstep or phone me stuff.

Has anyone got any other opinions or suggestions

It looks like it became part of my DMP in Nov 2008 so by rights any default should have been made by June(ish) 2009 at the latest. As I have a whole 12 months free of defaults I don't want another

[teaboy2]

Re: Motormile Pounds Till Payday

MMF aka Mr Barnaby Page = Ignore!

As for the default on credit file - well by rights the creditor is entitled to issue the default within 6 months of your originally defaulting repayment of the loan. Which would have been when you entered a repayment plan of £1 per month. My question though would be, why if you were only paying £1 a month did you need to ask for a 6 month repayment break? As it does sound a bit odd, and you certainly should not have ceased paying it just because you received no response. Did you send your request for 6 month repayment break by recorded delivery and did you keep proof that it was received by them? If not then, your on the back foot here as you can prove they received your request - Therefore to a reasonable person, you stopped paying for unknown reason. Though to default you now, could be deemed as unfair as the default should have been registered (according to ICO) within 6 months of you originally defaulting.

Regarding notice of assignment, this is only required when the original creditor sells the loan to another company or to a DCA. Majority of the time, companies like MMF are merely acting as an agent attempting to collect a debt for their client (original creditor). MMF have not in the email you posted stated they own the debt, therefore their is no need for a notice of assignment until they say that they now own the debt. Therefore the debt is still owned by Pounds til Payday, who you should contact to discuss the issue with (preferrable in writing by recorded delivery). DO NOT TALK to MMF at all as they will tell you all sorts of rubbish, plus they have no idea on the law regarding consumer credit debts.

[jon1965]

Re: Motormile Pounds Till Payday

Hi Teaboy
Thanks for the reply
The reason i stopped the payments are that I took my DMP plan back in hand and as I am living on benefits and have a lot of creditors it was not possible to keep up the token payment . The letter was sent by RM signed for and yes I do have the receipt and a print out of proof receipt bt clarity who had been the point of contact. As I said I have had no contact from anyone either written or verbally for 2 years now so I think any reasonable person would see why i stopped although I can not see what real life difference that would make anyway.

As you say , with an equitable assignment there is no need for a notice however MMF are well known as debt purchasers for PDL's , they are also well known for flouting the (then) OFT guidelines. I have done battle with them once before so am fully aware of their tactics although that time it became an all consuming battle that I do not want to repeat.

Another one of my concerns is the practice of communicating sensitive information over an insecure medium to which almost anyone could have access . As it happens the chances of anyone seeing it are remote although I do occasionally have visitors who use my laptop

[teaboy2]

Re: Motormile Pounds Till Payday

Jon, just email Barnaby page (had to teach him the ins and outs on law of default notices etc) and tell him what you put here, but also tell him you spoken to myself (He hates me, but is scared off me too, as he knows i can course his company serious problems) about it and that you expect him to cease and desist and hand the matter back to Pounds to Payday, outlining that you have proof they received your requested (Signed for on delivery) and that as they did not reply, you took their silence as their agreement to your repayment break.

Here's Barnaby's emails - Not sure if he using them now or not as he ran away with his tails between his legs when i upped the anti on him.

Barnaby.Page@mmile.com
barnaby@mmile.com

send your email to both emails, if possible set the email so you receive a receipt once he opens it. If you use Windows Live email software, click the Delivery tab on the top menu and make sure there is a tick in the "Read Receipt" box.

[jon1965]

Re: Motormile Pounds Till Payday

Thanks again. I will get around to it , but having another email address is quite handy . I could of course send it to neil and barry and the (non) compliance director , uncle tom cobbly n all but I will start off with just Barmy .

[jon1965]

Re: Motormile Pounds Till Payday

WEll after getting an email inviting me to arrange a doorstep visit I sent quite a long email to Barny copying in a few others as well. It was a combination of prove it, in writing only (didn't give my address), no telephone calls, no doorstep and if you place a default I will have your guts for garters . Oh I also said that there was more than one person who used that email address . Lets see what happens now

[teaboy2]

Re: Motormile Pounds Till Payday

Lol, sometimes i think they are too drunk, and incapable of thinking straight - Either that or they are just naturally dumb!

[jon1965]

Re: Motormile Pounds Till Payday

Well I did say the reason I was emailing was because they were incompetent. I've also had an auto response saying they have received it. It is odd that they have not actually written to me or tried to send me an email NOA, maybe they are just fishing

[teaboy2]

Re: Motormile Pounds Till Payday

Their tactic is hardcore, basically they take scare tactics to the max, and in my option are committing harassment. As they are knowingly trying to scare you in to paying, but they take things to a whole new level compared to other DCA's. They regularly ignore requests that they can not fulfill.

Basically they are lower than Mackenzie Hall, the previous bottom feeders!

[jon1965]

Re: Motormile Pounds Till Payday

Yes I know, my understanding is that they were formed from ex MH people. I know that Cag were doing a complaint but that seems to have died a death since the Brig appears to have fallen out with them

They really don't scare me , just P me off . It is odd though that they have not bombarded me with the level of calls/emails that most people seem to get

[jon1965]

Re: Motormile Pounds Till Payday

It beggars belief
It seems Rob Sands has left MMF leaving yet another stunning track record

Anyway after the email I sent last week asking them to prove it etc which was read on 27th by Neil Petty and 28th by Barny I have received a phone call on Friday and two emails over the weekend . I have concocted another email to send with more quotes from the FCA handbook as well as the CSA code of practice .

Is it unreasonable to expect them to have acted on my letter in the time scale?

[teaboy2]

Re: Motormile Pounds Till Payday

It beggars belief
It seems Rob Sands has left MMF leaving yet another stunning track record

Anyway after the email I sent last week asking them to prove it etc which was read on 27th by Neil Petty and 28th by Barny I have received a phone call on Friday and two emails over the weekend . I have concocted another email to send with more quotes from the FCA handbook as well as the CSA code of practice .

Is it unreasonable to expect them to have acted on my letter in the time scale?

Its not unreasonable at all mate. It only takes 2 minutes to find your details on their database (i use act 2012) and put note on not to contact you and to remove you from their calling lists mate.

[jon1965]

Re: Motormile Pounds Till Payday

Bloody hell
Yesterday I sent another email that has been read including a copy of my first email

This afternoon I get a call and a text message (call just went to voicemail) .

I am suspecting that they do not have my address in which case they will have to bloody find it. I am so p****d off with them but I am now leaving it and starting an actual log of calls texts and emails as opposed to just letting my phone do it.

[teaboy2]

Re: Motormile Pounds Till Payday

Bloody hell
Yesterday I sent another email that has been read including a copy of my first email

This afternoon I get a call and a text message (call just went to voicemail) .

I am suspecting that they do not have my address in which case they will have to bloody find it. I am so p****d off with them but I am now leaving it and starting an actual log of calls texts and emails as opposed to just letting my phone do it.

Oh yess then you can throw the protection from harassment act at them and breach of section 10 of the data protection act in regards to not removing your details - They most, regardless of what they, say remove your phone numbers on request.

[jon1965]

Re: Motormile Pounds Till Payday

I will get them if it's the last thing I do.
They seemlike an odd setup. Been around a few years but reinvented when Barnaby joined them.