** DISCONTINUED ** Mmile finance v kinky john

[Amethyst]

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Well, that's not a brilliantly informative agreement is it... The agreement was for £x amount for 7 days. Therefore the repayment would be £x amount, not £x plus interest or £x plus charges.

There's nothing on default charges, or late payment charges or whatnot. To take out a subsequent loan there'd have to be an action taken by you.

How much did you actually borrow? Can you fill in the redacted bits ( approximately if you prefer )

Total Amount of Credit ....
One single payment of .....
Total amount you will have to pay ...

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The claim is for £650 isn't it ( before court fees etc)


Is this the whole thing? http://legalbeagles.info/forums/file...tch?id=1395022 - no further terms or anything?

[kinky john]

Thanks for you reply

£116 loan


£129 repay
£129 in total

yes its for £650 plus legal fees there is 2 more pages of agreement but need to resize

[kinky john]

F2727770-FA19-4DE9-BBAA-916F9B99E3FF.jpeg90974B5A-BEF8-49D3-A7BD-459ADF08B8B5.jpeg

[Amethyst]

So you borrowed £116...

'kin 'ell.... 28782.30% APR ?!>?!>!>!>!>!>!???
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which is tripe as it clearly says 0% and 0 charges for the 7 day loan

The statement says £9.03 interest ( though I don't know where that's from) so that still wouldn't make £129. So how did it become £129 to be repaid on day 7 ? There doesn't seem to be any charge listed? and it's not explained anywhere I can see?

Loan was in 2013, and assignment to MMF in 2014.

1% per day interest plus £20 late payment fee. How often is that applied - 7 days? 1 month? etc..

[kinky john]

Presuming late fee charges, then MMF bought it off them when it was £650

[kinky john]

Mind that is a canny interest figure haha

[Amethyst]

Well, no wonder they left the market.... suprised it took them till June 2017 though.

How on earth are you meant to know how much to repay, and when, and what you would owe if you didn't, or were late by 2 days, 10 days, 2 months etc. How did that £116 turn into £650 in other words - they need to prove that and evidence that it followed the agreement ( which I'd be concerned about the enforceability of tbh but you need proper eyes on that ... maybe pt2537 ? )

What's the default date and amount show as on your credit file?

[kinky john]

FE32218F-0BB1-4CC5-BC69-8C480C0A1715.jpeg This must be it but its very very vague

nothing on my credit file for this particular loan?

[Amethyst]

It is rather vague. What's the numbers on this?


because to me, that Principal Borrowed should say £116 ( as that's what you borrowed ), then the legal claim fee £25.00?, the 8% stat interest ( arguable) of £48.72, and their solicitors costs of £70 so the entire claim should be £259.72 - - there's no £20 late payment charges listed.... The £9.03 interest doesn't relate to anything, if you were 7 days late then it COULD be 1% interest a day for 7 days over the loan period ? ( £1.16 a day compounded is too much actually and simple interest is too little )

Any rollover/deferrment etc ?
Any emails stored at all ? ( might help )

Otherwise - did you send a SAR to MMF at all ?

[kinky john]

No rollover loan or defferment that i can recall. The only thing i can think of every day they have been adding £20 late payment fees and interest?? Its got to £650 then MMF have bought the loan.

i sent a SAR to MMF when they sent me court notice and they sent nothing, submitted my defence on the basis they hadnt provided me with any documentation. Then got notice of potential mediation and awaiting court date. Then Moraity Law sent these documents

[kinky john]

No email trial on original loan unfortunately it was 2013, sorry

[Amethyst]

Okay, well everything can go in your Witness Statement.... is that Principal Borrowed figure on their ''statement'' the £116 ?

Chase up the SAR and threaten ICO. Just to keep them occupied. They still haven't provided a proper breakdown or a default notice, OR the notice of assignment from Vivus.

Your Address

Date


Data Controller Name
Address


Dear Sir / Name

Section 7 - Data Protection Act Subject Access Request
Account: xxxxxxxx

I sent a formal request for information under section 7 of the Data Protection Act, including the maxiumum £10 fee, to XXXXXX on XX/XX/XXXX.

You will be aware that under the Data Protection Act 1998 you have an obligation to comply fully with my request within 40 days.

As of XX/XX/XXXX I have not received any/complete information from you.

If you do not comply fully with my Subject Access Request by XX/XX/XXX {7 days from posting of this letter date} , I shall enter a complaint to the Information Commissioner.


Yours faithfully



NAME

[Amethyst]

You don't have a court date or directions from the court yet do you, so you have plenty of time to be preparing your Witness Statement. The SAR info would help, and all docs from Vivus went over to MMS in 2017 even if they hadn't done in 2014 when the debt was allegedly originally assigned to them.

[kinky john]

No the principal borrowed is £600 on MMF statement. Then it adds all solicitors/legal fees so it goes up to just short of £800

Okay will send that off to them asap see what they return

thanks for your time and input

[kinky john]

No court date yet, the mitagation date passed last week.