Hello

[beecee3]

New to the site - have DCA issue so will read around some posts first before asking for some advice..

[Curlyben]

Re: Hello

We like DCA's

[beecee3]

Re: Hello

Hi,

I do not seem to be able to post yet on your excellent site; followed 'activation' link but maybe there is time period before I can post?

Anyway, my request is for help dealing with DCA - the lovely Motormile Finance (MMF) ref a car.

I have looked at your suggested DCA letters - MMF contacted me by email out of the blue on Friday. I replied using some of your wording - I will only deal with them in writing, do not admit to a debt with them etc). Then received TWO postal letters from them on Saturday am - one 'Notice of Assignment' & one 'Notice of Vehicle Collection' - both dated on Friday 20th & saying that I had not responded to their previous letter!Difficult when they sent both the day before/together - is there a rule about that in itself?

So I have drafted written reponse to send recorded delivery & using your suggested wording to a DCA (stage two) - ie provide signed copy of agreement etc. I am not convinced they really have been assigned my debt - I was in dispute over reduction of payments request due to cicumstance with the orginal creditor who I have not heard from in over a year. That in itself is a saga but guess I should wait to see what/if any paperwork is produced by DCA before doing battle with the OC?

Happy to supply more detail & copies of any correspondance. I have paid over one third of payments for this car to the OC I believe - more like half in fact. Car is declared SORN & locked in private garage unused for a year waiting to hear from OC. My understanding is that no one can just turn up & take the car without a warrant/court order if I have paid over third?

I have received no paperwork from OC about any of this though, previous house repossessed (our business closed; both lost our incomes & could not afford mortgage). OC had my email address throughout though & we have been on the electoral role at new address for over a year, so they could have written to me plus DVLA have details as I declared vehicle SORN. Not sure where I stand..

Thanks for any light you can shed.

[beecee3]

Re: Hello

Hi,

Further to the post/mail I sent earlier, just received this email from MMF (before I have even had chance to post my letter to them). A) they have my address as they wrote to me twice on Friday & B) How exactly are they going to remove a CCJ (which I have not seen by the way from OC). I still do not want to deal with this DCA, as I have no proof yet that they are acting on behalf of the OC.

Thank you for your email, i am now in the process of gathering the information you require and will be dealing with your account, as you have asked for us not to use this email address please can you provide us with an alternate method of communication and also you’re up to date postal add so we may send documents in the post, if you fail to provide this we will instruct an agent to visit and confirm the address we hold on file.


At this time i would like to offer a proposal that we would accept the return of the outstanding vehicle in full and final settlement and we would remove the outstanding county court judgment we hold as long as this vehicle is still in a reasonable resalable condition.

Thanks


[FONT='Arial','sans-serif'] [/FONT]
[FONT='Arial','sans-serif'][/FONT]XXX XXXXXX
[FONT='Arial','sans-serif']Collections Manager[/FONT]
[FONT='Arial','sans-serif']Motormile Finance UK Ltd[/FONT]

[CleverClogs]

Re: Hello

Further to the post/mail I sent earlier, just received this email from MMF (before I have even had chance to post my letter to them). A) they have my address as they wrote to me twice on Friday & B) How exactly are they going to remove a CCJ (which I have not seen by the way from OC). I still do not want to deal with this DCA, as I have no proof yet that they are acting on behalf of the OC.

The OC had supposedly assigned the right to collect on a CCJ which, whilst not impossible, does seem less than likely. Who was the OC?

As for 'removing the CCJ', he cannot do that and he is full of stercus bovi.

Hence. one cannot help wondering if the CCJ is as illusory as the promise to remove it. Have you checked yet?

[bluebottle]

Re: Hello

Firstly, ask MMF which court granted the CCJ. Secondly, check with the court to see if this is true. If not, check the Central Register of County Court Judgements to see if it is registered. If not, ask MMF who the Original Creditor is and then approach the OC directly, asking whether they were aware of MMF's actions and the fact they are 100% legally and vicariously liable for their actions. The OC is unlikely to be a happy bunny if they are unaware of MMF's actions. You could also report this to Trading Standards and the OFT's Consumer Credit Licensing Department, if the matter is regulated under the CCA. Please be aware that the OFT collate and monitor complaints against DCAs. They wait until a number of complaints have accrued before taking enforcement action.