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Moriarty Law/Motormile finance/CFO lending

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  • Moriarty Law/Motormile finance/CFO lending

    Hello

    I have received the attached letter from Moriarty law.

    This looks like a letter before action? But it is the first I have heard from Moriarty or Motormile finance. At first I could not remember borrowing from CFO lending but after looking through my emails I now remember what happened and how big of a pain CFO were! (tried really hard to keep my language clean there!)

    So in late 2013 I applied for a pay day loan with CFO lending but had almost immediate regrets after realising just how much more it was going to cost me, how much it would make my then dire financial situation worse and reading how nasty CFO lending were.

    I received an email around an hour later saying that they had tried to call me to confirm some details and I replied back to ask them to stop my application.

    I then received an email he next morning saying that the application is now complete and they would be transferring the money to me at 4.30pm that day! I replied again to tell them to cancel it.

    I sent them another email at 5.15pm after the money had gone into my account. I asked them for details for me to send this money back to them as I do not want it because it was going to make my situation worse.

    I heard nothing for a few days so I phoned them. It was a few years back so I cant remember exactly what was said. But when I asked them to take it back as I did not want it they tried to say I will have to pay £xxx charge for this and £xxx charge for that. And then they got abusive when I refused the charges and they resorted to sarcasm/name calling and I had to hang up.

    I then sent another email asking them to either recall the money sent or if they cant do this then to provide bank details so I can transfer it

    This was followed by further emails and phone calls requesting the same thing. The phone calls resulting in abuse, name calling, aggression and the emails being ignored until 2 weeks had passed and they had added ridiculous interest and charges. I can see that I then cancelled the CPA authority as I did not trust them and I was still asking for bank details.

    They replied saying that I must provide an alternative payment method and I again said I wanted to transfer it back!

    This was ignored and I remember phoning them again to receive the same intimidating threats and abuse of unless i pay the charges and interest then xxxx will happen and further name calling.

    There are around 8 emails telling them to cancel and I remember around 5 or 6 phone calls. Then my emails go cold for months until I can see an email around 6 months later where I complained to them after they had been calling my place of work and had told my colleagues who they were and why they were calling! By this time the money they had sent had long been gobbled up by my then serious debt problems

    I reported them to the FCA and they said I needed to complain to the ombudsmen about them. I dont remember following this up

    Now 4-5 years later I have received this letter and dont know what to do, my financial situation has improved somewhat and the problems and defaults from 4.5-8 years ago are dropping off my credit report one by one

    May I also add that I am currently under referral of a cardiologist after having difficulties since February so I really don't need this right now. Any advice would be greatly appreciated

    The letter gives 4 weeks to respond but due to me being unwell and putting it off over two weeks have already passed.

    Thanks very much





    Attached Files
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  • #2
    Sorry I should also have said that the amount that they are claiming is the original amount they sent to my bank account plus a £15 bank transfer fee. It looks like they have removed all of the other charges and interest that CFO added

    Comment


    • #3
      Would it be possible for someone to advise what I should do please.

      the time for me to respond is almost running out.

      I'm not well at the moment so could really do with requesting a time extension more than anything as it should not be a priority right now. I have just spent half a day in A and E today (3rd time in last couplle if months) and I am waiting for another appointment letter to come through to see a cardioligist

      many thanks

      Comment


      • #4
        It is a tremendous shame you didn't go to the Ombudsman a few years ago when this would have been very simple to resolve.

        Do you still have these emails saying you wanted to send the money back?

        If time is short, you need to send back the Reply Form asap, this will buy you some more time. You need to complete Box C in Section 1 saying you don't know whether you owe the money, also Section 3 saying you intend to take debt advice when they have sent you the information you have asked for, and Section 4 asking for more information - see https://debtcamel.co.uk/letter-before-claim-ccj/ for what to put on this form.

        Next you need to send CFO a complaint about irresponsible lending. See https://debtcamel.co.uk/payday-loan-refunds/ which has a general "unaffordable lending" template letter, but you need to change this to explain that you told them on dd/mm/yy that you did not want the loan and they would not allow you to repay it. Attach the relevant emails to your complaint.

        Unfortunately CFO are in administration. Send your complaint to CFOLending@harrisons.uk.com and also phone the Financial Ombudsman to discuss this. Emphasise that you are not expecting a refund (there is no money) but you want the debt reduced to the amount you borrowed so you can make a repayment arrangement.

        Then email MMF and Moriarty law saying that you have sent Harrisons a complaint and you are discussing this with the Ombudsman and say you want a stay on any court action until your complaint is resolved.

        I can't tell how this complaint will go because CFO are in administration. If the ombudsman says they won't take it, then you will need to defend the court case.


        @Diana M @Amethyst @pt2537 any ideas for an irresponsible lending defence? Very unusual situation...

        Comment


        • #5
          Hi

          Thankyou for your reply.

          Sorry I have been really ill but I am getting better and ready enough to take this on.

          First an update - MMF and Moriarty law agreed to pause all action for 2 months while I was poorly, which will run out at the end of July so there has been no court claim issued yet.

          Yes I have all the old emails and it's really clear that I did not want the loan and had immediate second thoughts. I told them it was going to make my situation worse and to cancel the application but they just ignored me and issued it anyway. The loan was then gobbled up by my other debts/interest payments at the time.

          I have a couple of questions please. I am making a complaint against CFO but there is no money due to administration. I want the full amount written off as they have put me in this situation but how would this if the debt has been sold and CFO are no more ?

          Comment


          • #6
            Next you need to send CFO a complaint about irresponsible lending. See https://debtcamel.co.uk/payday-loan-refunds/ which has a general "unaffordable lending" template letter, but you need to change this to explain that you told them on dd/mm/yy that you did not want the loan and they would not allow you to repay it. Attach the relevant emails to your complaint.

            Unfortunately CFO are in administration. Send your complaint to CFOLending@harrisons.uk.com and also phone the Financial Ombudsman to discuss this. Emphasise that you are not expecting a refund (there is no money) but you want the debt reduced to the amount you borrowed so you can make a repayment arrangement.
            have you done this? what reply did you get?

            Comment

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